International Law and Justice
Contribution of the Eurasian economic commission for the publication of UNCTAD model law on competition
Over the years the UNCTAD Model Law on Competition (Model Law) has played a significant role in promoting and protecting competition thus contributing to the creation of an equitable global trade environment. It serves as a valuable framework for countries seeking to establish or enhance their competition policies and laws. By providing a comprehensive set of guidelines and best practices the Model Law helps countries foster fair competition encourage economic development and promote consumer welfare.
Note
The views expressed in this publication do not necessarily reflect the views and positions of the Common Market of Eastern and Southern Africa Competition Commission Camp George French Directorate- General for Competition Consumer Protection and Frauds Repression University of La Rochelle Competition and Tariff Commission of Zimbabwe Paraguay Competition Authority West African Economic and Monetary Union Commission and Eurasian Economic Commission.
Objectives of competition law and policy
The UNCTAD Model Law on Competition (Model Law) under Chapter 1 defines the objectives and purpose of competition law as “to control or eliminate restrictive agreements or arrangements among enterprises or mergers and acquisitions or abuse of dominate positions of market power which limit access to markets or otherwise unduly restrain competition adversely affecting domestic or international trade or economic development”. The foregoing definition has been incorporated in many countries’ domestic laws in several ways.
Introduction - UNCTAD secretariat
UNCTAD Model Law on Competition (Model Law) has been developed by member States’ representatives gathered in UNCTAD intergovernmental meetings to provide guidance on competition legislations particularly for developing countries that are not familiar with this field recognizing their interest to be able to take appropriate actions towards anticompetitive practices.
The UNCTAD model law on competition benefits: The Zimbabwean experience
The emergence and rapid development of competition regimes in developing countries testify to the virtues of competition policies and laws in the economic development process. As observed by Bakhoum (2011) most competition laws in developing countries were adopted in the 1990s. Bakhoum however noted that despite the plurality of competition policies in developing countries the countries are still struggling to find their competition policy model with the policies at times having overlapping objectives. Enforcement of competition laws in developing countries is thus still generally weak and requires technical assistance in capacity building from advanced organisations with competition mandates like UNCTAD.
The UNCTAD model law on competition: Historical perspective and way forward
This article traces the history of why and how work on the Model Law was started by UNCTAD in the 1970s the directions this work took and the evolution in the UNCTAD Model Law on Competition (Model Law)’s nature and approach. An account is provided of the discussions regarding the inclusion of a development criterion in specifying the objectives or purposes of a competition law and how this issue was resolved and agreement reached regarding the Model Law. The subsequent changes made to the Model Law’s format and content are described. The Model Law’s relevance in light of current trends towards consideration of broad public policy objectives in the application of competition law and policy context is explained and suggestions are made regarding how to enhance the Model Law’s usefulness to developing countries in determining how to shape their competition regimes in this connection.
A brief note on the UNCTAD model law on competition
The UNCTAD Model Law on Competition (Model Law) was launched as one of the provisions of the United Nations Set of Principles and Rules on Restrictive Business Practices (Set) adopted under General Assembly resolution 35/63 of 5 December 1980. Provision F International measures paragraph 5 of the Set provides: “5. Continued work within UNCTAD on the elaboration of a model law or laws on restrictive business practices in order to assist developing countries in devising appropriate legislation. States should provide necessary information and experience to UNCTAD in this connection”. The aim at the time was to help all countries to adopt competition laws based on the prohibition of horizontal and vertical price-fixing agreements abuse of dominant market power by large firms and control of any attempt to by-pass these prohibitions through mergers and acquisitions (concentrations) and to establish effective competition authorities having sufficient powers and independence from central government to make appropriate decisions to ensure “free competition”.
The UNCTAD model law on competition: View from WAEMU competition authority
The West African Economic and Monetary Union (WAEMU) was created on January 10 1994 in Dakar Senegal. Its essential objective is the construction in West Africa of a harmonized and integrated economic space within which total freedom of movement of persons capital goods services and factors of production as well as the effective enjoyment of the right of exercise and establishment for the liberal professions of residence for citizens throughout the Community territory are enjoyed.
Acknowledgements
This report was prepared under the overall guidance of Teresa Moreira Head of the Competition and Consumer Policies Branch Division on International Trade and Commodities of UNCTAD. Akari Yamamoto Legal Officer Competition and Consumer Policies Branch coordinated report efforts.
The UNCTAD Model Law on Competition After 30 Years - Some Reflections
UNCTAD Model Law on Competition (Model Law) has been developed by member States’ representatives gathered in UNCTAD intergovernmental meetings to provide guidance on competition legislations particularly for developing countries that are not familiar with this field recognizing their interest to be able to take appropriate actions towards anticompetitive practices. The discussion on the Model Law in UNCTAD dates back to the 1970s when only around 20 jurisdictions in the world had competition laws and authorities and most were developed countries. This publication revisits the Model Law from different angles; the origin and history of the Model Law as well as its negotiation are discussed. Testimonials from young competition authorities from developing countries share the relevance of the Model Law in the drafting of their own competition laws and refer to the implications of the Model Law to developing countries.
Treaty Series 3139
In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions every treaty and international agreement registered or filed and recorded with the Secretariat since 1945 is published in the United Nations Treaty Series. At present the collection includes about 30000 treaties reproduced in their authentic languages together with translations into English and French as necessary.
Note by the secretariat
Under Article 102 of the Charter of the United Nations every treaty and every international agreement entered into by any Member of the United Nations after the coming into force of the Charter shall as soon as possible be registered with the Secretariat and published by it. Furthermore no party to a treaty or international agreement subject to registration which has not been registered may invoke that treaty or agreement before any organ of the United Nations. The General Assembly by resolution 97 (I) established regulations to give effect to Article 102 of the Charter (see text of the regulations vol. 859 p. VIII; https://treaties.un.org/Pages/Resource.aspx?path=Publication/Regulation/Page1_en.xml).
No. 1381. International Development Association and Common Market for Eastern and Southern Africa
Financing Agreement (Great Lakes Trade Facilitation Project) between the International Development Association and the Common Market for Eastern and Southern Africa (with schedules appendix and International Development Association General Conditions for Credits and Grants dated 31 July 2010). Lusaka 19 November 2015
No. 53841. Netherlands (for the European part of the Netherlands) and Republic of Moldova
Agreement between the Kingdom of the Netherlands and the Republic of Moldova on the privileges and immunities of liaison officers seconded by the Republic of Moldova to Europol. The Hague 22 July 2014
No. 53819. International Development Association and Uganda
Financing Agreement (Regional Communications Infrastructure Program Phase V Uganda Project) between the Republic of Uganda and the International Development Association (with schedules appendix and International Development Association General Conditions for Credits and Grants dated 31 July 2010). Kampala 4 February 2016
No. 53837. International Bank for Reconstruction and Development and Morocco
Clean Technology Fund Guarantee Agreement (Noor-Ouarzazate Concentrated Solar Power Plant Project) between the Kingdom of Morocco and the International Bank for Reconstruction and Development acting as an implementing entity of the Clean Technology Fund (with Standard Conditions for Loans made by the World Bank out of the Climate Investment Funds dated 18 February 2014). Rabat 19 December 2014
No. 53833. International Development Association and St. Lucia
Strategic Climate Fund Pilot Program for Climate Resilience Loan Agreement (Disaster Vulnerability Reduction Project) between Saint Lucia and the International Development Association acting as an Implementing Entity of the Pilot Program for Climate Resilience under the Strategic Climate Fund (with schedules appendix and Standard Conditions for Loans made by the World Bank out of the Climate Investment Funds dated 18 February 2014). Washington 16 July 2014
No. 53842. Netherlands (for the European part of the Netherlands) and United Republic of Tanzania
Air Services Agreement between the Kingdom of the Netherlands and the United Republic of Tanzania (with annexes). Dar es Salaam 3 June 2014