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![](3D"master03_background.jpg")
3rd CRC International Conf=
erence
on Pro-Poor Regulation and Competit=
ion:
Issues, Policies & Practices
Cape Town (RSA) 7-9 September 2004
Conference Theme: Competition Policy, Institutions a= nd Prac= tice
Cape Town (RSA) 7-9 September 2004
Conference Theme: Competition Policy, Institutions a= nd Prac= tice
•
U=
NCTAD’S
ROLE IN PROMOTING COMPETITION LAW AND POLICY A=
FTER
UNCTAD XI
•
•by Philippe Brusick
=
;
•Head, Competition and
Consumer Policies Branch
• DITC, UNCTAD
INTRODUCTION: The
Background
•
UNCTAD has been dealing with competition poli=
cy
since the early 1970s
§1972: UNCTAD III Santiago de
Chile
§1980: GA Adopts UN Set on
“Restrictive Business Practices”
<=
/b>
§1985, 1990, 1995, 2000: Four
“Review Conferences” unanimously confirm the validity of the Se=
t
•
The Background (Cont’d)
§<=
span
style=3D'font-size:114%;color:white;mso-color-index:0'>2000: UNCTAD X&#=
13;
§<=
span
style=3D'mso-bidi-font-family:"Times New Roman";font-size:114%;color:white;
mso-color-index:0'>June 2004: UNCTAD XI strengthens <=
span
style=3D'position:absolute;top:52.5%;left:17.41%;width:82.58%;height:6.75%=
'>UNCTAD’s role in Competition and Consumer Policies.
§<=
span
style=3D'mso-bidi-font-family:"Times New Roman";font-size:114%;color:white;
mso-color-index:0'>2005: Forthcoming Fifth Review Conference of the Set
•
UNCTAD’s =
main
objectives based on =
the UN
Set and UNCTAD XI are:
vContribute to a m=
ore
efficient, but also a more equitable world economy through a
competition-rules based globalization process at national, <=
/span>regional and
multilateral levels;
vBoost competitive=
ness,
and hence accelerate the development of developing countries, in
particular LDCs, and economies in transition by promoting <=
/span>a competition cul=
ture;
vDefend consumer
interests by ensuring that applying competition rules results in be=
tter
quality and choice, and lower prices of goods and =
services.
v
v <=
/span>
Based on these objectives:
èUNCTAD XI reques=
ted UNCTAD to build =
on and
strengthen implementation of the Bangkok Plan of action within the
three pillars of its work.
Ø
•
The Three pillars of UNCTAD’s
work: &=
#13;
ØConsensus
building
ØResearch and pol=
icy analysis
ØTechnical
assistance
Ø
•
Consensus building in t=
he
field of competition law and policy:
ØNegotiations which led to the
unanimous adoption of the Set
ØUN Conferences to Review the Application of the Set (every 5
years)
ØIGE on Competition Law and Poli=
cy =
(annual)
=
•
Evolving consensus on
Competition Law and Policy:
;The basic princip=
les in
the Set are becoming universal
•Anti-competitive practices adversely
affect all countries, in particular developing countries’
trade and development prospects;
•All countries need to equip themselv=
es
with competition law and policy;
•International cooperation is essenti=
al
to effectively deal with RBPs;
•SDT is necessary for developing
countries, and especially LDCs to overcome specific difficulties.&#=
13;
Ø
•
SDT or “Preferent=
ial
or differential treatment” for developing
countries:&=
#13;
§<=
span
style=3D'font-size:107%;color:white;mso-color-index:0'>Industrial policy
versus competition policy
§<=
span
style=3D'font-size:107%;color:white;mso-color-index:0'>Flexibility and
graduality in competition laws?
§<=
span
style=3D'font-size:107%;color:white;mso-color-index:0'>Sectoral or block
exemptions?
§<=
span
style=3D'font-size:107%;color:white;mso-color-index:0'>Stricter underta=
kings
for developed than for developing countries to eliminate exemptions
=
•
Research and policy analysis:
;
qConsensus buildi=
ng
must be based on facts.
UNCTAD undertakes numerous studies and reports for the IGE on CLP, the =
Review
Conferences and for its technical assistance
programmes
Ø
•
Technical assistance programmes
At the national level, with special emphasis for LDCs:
=
ØHelp developing countries adopt national competition=
law and policy and
effective implementation
At the international level, with special emphasis for LDCs:
ØAdvise developing countries with respect=
to
bilateral, regional and multilateral negotiations.
CONCLUSION
;
UNCTAD XI built on UNCTAD X’s Plan of Action and strengthened
UNCTAD’s role on CLP in all of its 3 pillars:
; consensus building=
3;
; research activities&#=
13;
; technical assistance&=
#13;
•
•
•
Conclusion (Cont’d):
;Accordingly, the
forthcoming IGE on CLP (Geneva, 8-10 November 2004) will, <=
/span>inter alia=
:
=
;
•Make preparations for next year̵=
7;s
Fifth Review Conference of the UN Set;
•Consider a report on ways in which
possible international agreements on competition may apply to developing
countries, including through “preferential or differential
treatment”;
•Conduct an interactive discussion on=
the
strengths and weaknesses of peer review related to =
competition
policy.
Ø
•
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