Revision of the unctad model law on competition CHAPTERS II AND vii

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Presentation transcript:

Revision of the unctad model law on competition CHAPTERS II AND vii Sixteenth Session of the Intergovernmental Group of Experts on Competition Law and Policy

UNCTAD MODEL LAW ON COMPETITION A reference document used as a benchmark for competition law and policy drafting and revising purposes. Composed of two parts: Part 1, a permanent guide including model competition law provisions and is not subject to revision. Part 2 - Commentaries to the relevant Chapters. Part 2 is a compilation of competition law and enforcement practices from both advanced and young competition regimes.

REVISION OF THE UNCTAD MODEL LAW ON COMPETITION WHAT IS REVISED? The commentaries in Part 2 of the Model Law are revised regularly by the UNCTAD secretariat based on contributions from member States. The mandate to revise the Model Law is given by the UN Conference to Review the UN Set on Competition held every five years. For IGE 2017, the secretariat revised the commentaries to Chapters 2 and 7 of the Model Law.

REVISION OF CHAPTER II Definitions and scope of application Last revised in 2010. 2017 Revision includes: Additional examples from various jurisdictions, both developed and developing. Updates of country examples (to reflect changes in laws or institutions) Commentary text under sub-section “Scope of application” have been updated to reflect 21st century competition legislation with respect to state restraints and competition, public interest and competition and the principle of competitive neutrality. A new table of examples from different competition laws on the prohibition of anti-competitive state restraints.

REVISION OF CHAPTER VII The relationship between competition authority and regulatory bodies, including sectoral regulators Last revised in 2010. 2017 Revision includes: Additional examples from various jurisdictions, both developed and developing. Updates of country examples (to reflect changes in laws or institutions) Commentary text updated to reinforce the role of competition authorities in regulation through market investigations and advocacy. A new section added: “The collaborative economy: New challenges facing competition and regulation”. A new table on examples of competition authorities’ responses to regulation of the collaborative economy.

Thank you! Ebru Gokce Dessemond Legal Officer Competition and Consumer Policies Branch, UNCTAD ebru.gokce@unctad.org Sixteenth Session of the Intergovernmental Group of Experts on Competition Law and Policy