Intergovernmental Group of Experts on Competition Law and Policy

The Intergovernmental Group of Experts on Competition Law and Policy,

Recalling the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices,

Considering the resolution adopted by the Eighth United Nations Conference to Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (Geneva, October 2020),

Taking note of the decision of the fifteenth session of the United Nations Conference on Trade and Development (Bridgetown, 2021) in paragraphs 56, 62 and 127 (z) that “in the process of transformation, it is fundamental for fair, sound and robust competition and consumer protection policies and enforcement to maintain a robust, level playing field and enhance transparency for all participants, so that market access is not under anticompetitive practices. Ensuring effective competition, including through support in developing and implementing competition policies and through cooperation among competition authorities, paired with robust consumer protection in the market, will help foster economic efficiency, resulting in safer and better products at lower prices for consumers”, that “multilateral dialogue and cooperation are crucial in areas such as the governance of new and emerging technologies, including those related to data management, competition and consumer protection. Special attention should also be paid to the challenges of electronic commerce and the digital economy through an integrated approach to many strategic areas. Increased international cooperation is required, including in digital platforms’ governance, to promote data flow with trust, safety and confidence in their use, in accordance with national regulations and relevant international commitments” and that UNCTAD should “continue to assist developing countries to formulate and implement competition and consumer protection policies and laws, facilitate cooperation among competition and consumer protection agencies, conduct peer reviews and foster the exchange of knowledge and best practices, including through multilateral forums, such as the Intergovernmental Group of Experts on Competition Law and Policy and the Intergovernmental Group of Experts on Consumer Protection Law and Policy, and by contributing to the implementation of the outcome of the United Nations Conferences to Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices and of the revised United Nations guidelines for consumer protection”,

Reaffirming the fundamental role that competition law and policy plays in the achievement of the 2030 Agenda for Sustainable Development, by promoting competitive, open and contestable markets and ensuring wider choice, better quality and lower prices of goods and services for consumers,

Noting that the 2030 Agenda for Sustainable Development and the outcomes of the fifteenth session of the United Nations Conference on Trade and Development focus on addressing the opportunities and challenges of globalization for development and poverty reduction,

Welcoming decisive measures and interventions taken by competition authorities in the field of competition through coordinated international, regional and bilateral actions to respond to the coronavirus disease (COVID-19) crisis and attempt to mitigate its negative impact on domestic markets, while keeping markets open, fair and dynamic,

Underlining that competition law and policy is a key policy tool, to “build back better” in an inclusive and sustainable manner, including by maintaining open, competitive and accessible markets and enhancing trade and investment, resource mobilization and the harnessing of knowledge and by reducing poverty,

Recognizing that an effective enabling environment for competition and development should include both national competition policies and international cooperation to address competition issues associated with market concentration and to deal with cross-border anticompetitive practices,

Recognizing the need to strengthen the work of UNCTAD in competition law and policy, to enhance its development impact and benefits for consumers and businesses,

Recognizing that data-driven market concentration makes competition, consumer and data protection laws and policies increasingly intersect, requiring close cooperation and coordination between competition, consumer and data protection authorities in member States,

Recognizing that competition policy provides for market access opportunities for microenterprises and small and medium-sized enterprises, promoting their competitiveness, and has a key role in ensuring that the economic recovery is not derailed by anticompetitive conduct and that markets remain open, fair and dynamic,

Noting with satisfaction the important written and oral contributions from member States and their competition authorities and other participants, which enriched the debate during its twentieth session,

1. Welcomes the efforts of member States in implementing the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices; and reaffirms the interest of competition authorities in exchanging experiences, best practices and challenges regarding competition law and policy;
2. Encourages the continuation of legislative, policy-related and regulatory actions and initiatives supported by competition authorities in response to and in the aftermath of the COVID-19 pandemic, as well as coordination and information-sharing at the international, regional and bilateral levels; and the reflection on lessons learned to rethink competition law enforcement and consider the need to adjust and align with the dynamics of changing markets;
3. Underlines the benefits of enhancing and strengthening enforcement capacities and promoting a competition culture in developing countries through capacity-building and advocacy activities targeting all relevant stakeholders; and requests the UNCTAD secretariat to disseminate the summary of its discussions on these topics to all interested member States, including through technical assistance activities and peer reviews;
4. Underlines the importance of international cooperation as recognized in section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices, including informal collaboration among competition authorities; and calls upon UNCTAD to promote and support cooperation between Governments and competition authorities, as directed by the Bridgetown Covenant (paragraphs 56, 62 and 127 (z)) and the resolution adopted by the Eighth United Nations Conference to Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (paragraphs 3 and 22), as well as in the document titled “Guiding Policies and Procedures under Section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices”;
5. Requests the UNCTAD secretariat to continue the dissemination of the document titled “Guiding Policies and Procedures under Section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices” and to encourage the utilization of it by member States;
6. Emphasizes the importance of regional cooperation in the enforcement of competition law and policy; and encourages competition authorities to strengthen their regional and bilateral cooperation;
7. Recognizes the benefits and challenges of the digital economy for consumers and businesses, the importance of competition for digital markets and innovation therein and that digital platforms are essential elements of today’s economy; and encourages competition authorities to address competition issues in digital markets through their enforcement practices and legislative and regulatory frameworks, to protect, restore and promote competition in the digital economy;
8. Calls upon UNCTAD to continue its work in the area of the digital economy, to ensure that all countries, in particular developing countries and the least developed countries, benefit from the innovation it brings;
9. Calls upon UNCTAD to continue to include advocacy as a core activity in its capacity-building and technical assistance for developing countries, in particular considering their economic recovery efforts in the aftermath of the COVID-19 crisis;
10. Welcomes the revised methodological guidelines for UNCTAD voluntary peer reviews of competition and consumer protection laws and policies; and decides to discontinue the working group on modalities of UNCTAD voluntary peer reviews of competition and consumer protection laws and policies;
11. Decides to renew the mandate of the working group on cross-border cartels, open to member States on a voluntary basis, without any financial implications for the regular budget of the United Nations, to highlight best practices, facilitate information exchanges, consultations and international cooperation, discuss tools and procedures and undertake other projects as agreed in the future by the working group, with a view to further exploration and deeper understanding of the modalities and principles of cross-border cartel investigations, and to report to the twenty-first session of the Intergovernmental Group of Experts on Competition Law and Policy;
12. Expresses its appreciation to the Government of Bangladesh for volunteering for a peer review of competition law and policy and for sharing its experiences and challenges with other competition authorities during the twentieth session of the Intergovernmental Group of Experts on Competition Law and Policy and to all Governments and regional groups participating in the review; and recognizes the progress achieved to date in the elaboration and enforcement of the competition law of Bangladesh;
13. Decides that UNCTAD should, considering experiences with voluntary peer reviews, continue to undertake peer reviews of competition law and policy following requests from member States and in accordance with available resources;
14. Invites all member States and competition authorities to assist UNCTAD on a voluntary basis by providing experts or other resources for future and follow-up activities in connection with voluntary peer reviews and their recommendations;
15. Requests the UNCTAD secretariat to prepare reports and studies as background documentation for the twenty-first session of the Intergovernmental Group of Experts on Competition Law and Policy on the following topics:
    1. Competition law enforcement issues raised by monopsonies;
    2. Interaction between competition and industrial policies;
16. Requests the UNCTAD secretariat to facilitate consultations and the exchange of views among member States on the topic of competition law and policy and sustainability;
17. Requests the UNCTAD secretariat to prepare, for the consideration of the Intergovernmental Group of Experts on Competition Law and Policy at its twenty-first session, an updated review of capacity-building in and technical assistance on competition law and policy, including an impact assessment, based on information received from member States;
18. Requests the UNCTAD secretariat to update the commentaries of the Model Law on Competition (part 2) based on submissions to be received from member States;
19. Notes with appreciation the voluntary financial and other contributions received from member States; invites member States to continue to assist UNCTAD on a voluntary basis in its capacity-building and technical assistance activities by providing experts, training facilities and financial or other resources; and requests the UNCTAD secretariat to pursue capacity-building and technical assistance activities, including training, and, where possible, to focus such activities on maximizing their impact in all interested countries.