COMMENTARIES ON COMPETITION AND RESTRICTIVE BUSINESS PRACTICES LEGISLATION

This may involve a study on restrictive business practices in a specific country

1. The Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices, in Section F.6 (c), provides for the compilation of a Handbook on Restrictive Business Practices Legislation.

(iii) Competition law and policy (Intergovernmental Group of Experts on Restrictive Business Practices) 1

31. In Mauritius, UNCTAD organized a study on market concentration and restrictive business practices (1995).

These include restrictive business practices, environmental standards, social responsibilities of investors and obligations for progressive liberalization.

Conversely, competitors can exercise market power through a variety of restrictive business practices, thus unfairly undercutting rivals.

Principles and Rules for the Control of 1980 Restrictive Business Practices United Nations Multilateral Non binding Adopted

(a) Provision of information about restrictive business practices (RBPs), their existence and possible adverse effects on the economy.

Ethical business considerations needed to include restraint in the expectation of using and benefiting from government incentives and the use of restrictive business practices.

The outcome of these efforts was the Set of Principles and Rules on Restrictive Business Practices adopted in 1980.

Experts on Restrictive Business Practices At its 42nd meeting, on 25 July 1997, the Economic and Social Council decided

The drafting of the law had taken into account the Set of Rules for the Control of Restrictive Business Practices.

Recalling the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices and the Third United Nations Conference to Review all Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (13 21 November 1995),

5. Since its inception in 1986, UNCTAD s technical assistance, advisory and training programmes on restrictive business practices and competition policy have expanded considerably.

The basic proposals for consideration by the Conference shall be those submitted, pursuant to section G, paragraph 6, of the Set, by the Intergovernmental Group of Experts on Restrictive Business Practices for the improvement and further development of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices.

The present report reviews a number of recent cases involving restrictive business practices and mergers in developed and developing countries and economies in transition.

Paragraph 14 of a resolution adopted by the Third United Nations Conference on Restrictive Business Practices, which was held in Geneva from 13 to 21 November 1995, referred to a recommendation to change the title of the Intergovernmental Group of Experts on Restrictive Business Practices to the Intergovernmental Group of Experts on Competition, Law and Policy.

5. The effective enforcement of the Set of Principles and Rules on Restrictive Business Practices had helped UNCTAD to eliminate various anti competitive regulations and practices in a great number of countries.

This goes beyond corporate philanthropy, abiding by the rule of law and refraining from bad corporate conduct such as employing restrictive or discriminatory business practices.

Intergovernmental Working Group of Experts on International Standards of Accounting and Reporting and Intergovernmental Group of Experts on Restrictive Business Practices (E 1997 SR.42)

The Fifth United Nations Conference to Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices,

Having reviewed all aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices, 25 years after its adoption,

The Commission will focus on examining issues related to the subject continuing analytical work on restrictive business practices and assistance in formulating competition policies and legislation.

The Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices, adopted by General Assembly resolution 35 63 of 5 December 1980.

Additional regulations that may govern foreign investors include competition policy (including restrictive business practices) accounting and reporting consumer protection environmental protection and labour, quality and safety standards.

Ivorian legislation distinguishes between practices which result from individual behaviour (restrictive practices) and those which arise from concerted actions (anti competitive practices).

22. The representative of Romania stated that his country had adopted competition legislation in April 1996 in accordance with the Set of Principles and Rules on Restrictive Business Practices.

F. Description of any parallel or supplementary legislation, including treaties or understandings with other countries, involving cooperation or procedures for resolving disputes in the area of restrictive business practices.

F. Description of any parallel or supplementary legislation, including treaties or understandings with other countries, involving cooperation or procedures for resolving disputes in the area of restrictive business practices

13. During the period under review, staff members of UNCTAD took part in a number of seminars, workshops and conferences related to issues of competition policy and restrictive business practices.

19. Although the successful conclusion of the Uruguay Round had reduced the level of tariffs and resort to non tariff barriers, enterprises could be prompted to resort to restrictive business practices.

Act No. LVII of 1996 on the prohibition of unfair and restrictive market practices

4. The Commission notes that FDI liberalization and the strengthening of competition policy are complementary so that countries can guard against restrictive business practices and anti competitive practices of firms and thereby maximize the benefits that can arise from liberalization.

4. Business practices trade facilitation

(d) Business practices trade facilitation

The sole universally applicable multilateral instrument in this area is the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (Set), negotiated under the auspices of UNCTAD.

(b) The imposing of restrictive conditions on the conduct of any trade or business or

(d) Business practices trade facilitation 11

of 1996 on the Prohibition of Unfair and Restrictive Market Practices passed on 25 June 1996

Reaffirms the fundamental role of competition law and policy for sound economic development and the validity of the UN Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices

In this connection, UNCTAD s work on the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices had been valuable, and Asian countries had participated actively in its development.

This goes beyond philanthropy and such normative issues as paying ones taxes, abiding by the rule of law in host countries and refraining from bad corporate behaviour (such as employing restrictive or discriminatory business practices).

Report of the Third United Nations Conference to Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (TD RBP CONF.4 15) (background document).

His delegation recognized UNCTAD s important contribution to the promotion of the smooth implementation of the Set, helping to promote international harmonization of rules and improving transparency in respect of restrictive business practices in developing countries.