COMPETITION POLICY AND IP Teresa Moreira Head of Competition and Consumer Policies Branch teresa.moreira@unctad.org

UNCTAD mandate - Competition law and policy 2016 - 70 years of work on Competition law and policy within the UN. The UN Set of Principles on Competition (1980): Rules for the control of anticompetitive practices, The development dimension of competition law and policy, Framework for international cooperation and exchange of best practices

Competition Law and Policy goals To promote economic efficiency through open and dynamic markets, where companies invest and innovate To achieve economic growth and consumer welfare Competition neutrality

Intellectual Property Encourage innovation by rewarding the investment and the research & development work through the protection of patent holders and other IP rights holders

Competition and Intellectual Property Both pursue the goal of achieving economic growth and providing for consumer welfare IP rights are necessary to reward innovation and the research and development efforts leading to innovation. Nevertheless, the abusive exercise of IP rights may raise competition concerns: - Refusal to license - Intra-technology restrictions - Patents and standards setting processes - Pay-for-delay settlements

Competition policy and Intellectual Property Strong need to strike a balance between IP protection and competition - in order to safeguard innovation and maintain the rewards and incentives needed - and preventing/sanctioning anticompetitive practices that may seriously hamper consumer welfare

UNCTAD’s work on Competition policy and IP Several background reports on this issue: - A preliminary report on how competition policy addresses the exercise of intellectual property rights (March 1999, doc. TD/B/COM.2/CLP/10) - Competition policy and the exercise of intellectual property rights (August 2000, doc. TD/RBP/CONF.5/6) - Competition policy and the exercise of intellectual property rights, revised report (May 2001, doc. TD/B/COM.2/CLP/22) - Competition policy and the exercise of intellectual property rights (May 2008, doc. TD/B/COM.2/CLP/68) - Examining the interface between the objectives of competition policy and intellectual property (August 2016, doc. TD/B/C.I/CLP/36)

UNCTAD’s overall mandate - international cooperation Meeting developing countries’ needs depends on a balanced and more equitable approach to IP Achieving Sustainable Development Goals: SDG 3 - Good health and well being in the light of IPRs practices by the pharmaceutical industry UNCTAD’s role: Foster cooperation through specific guidance and technical assistance

Digital Economy Challenges Emerging and disruptive business models - increased innovation Internet platforms and social media rising roles Appropriateness of existing legislation and regulatory frameworks? Competition authorities need to keep up with the technological evolution – different market assessment, market studies, new investigative tools and set of enforcement measures

International Cooperation and UNCTAD’s role Global challenges entailed by trade liberalization, the rapid development of ICTs, the rise of the digital economy and the emergence of new key players in the markets - platforms and the social networks. The need and opportunity of joint work at the international level to identify the most important issues and to assist developing countries improving their capacities to face these challenges. UNCTAD’s new mandate on Consumer protection law and policy - allowing for a improved interaction with Competition policy.