1. COMPETITION POLICY AND IP
Teresa Moreira
Head of Competition and Consumer Policies Branch

2. UNCTAD mandate - Competition law and policy
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

3. 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

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

5. 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

6. 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

7. 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)

8. 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

9. 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

10. 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.