Enforcement of the provisions of the Competition Act is in the hands of administrative bodies and the judicial authorities.

Topic 1 Experience of developing countries with the implementation of competition law and policy

Nothing in this Article limits the discretion of the requested Party's competition authorities under its competition laws and enforcement policies as to whether to undertake enforcement activities with respect to the anticompetitive practices identified in a request, nor precludes the requesting Party's competition authorities from undertaking enforcement activities with respect to such anticompetitive practices.

Difficulties of developing countries in enforcing competition laws, including in cases with international elements, and the application of competition laws to cross border anticompetitive practices

Difficulties of developing countries in enforcing competition laws, including in cases with international elements, and the application of competition laws to cross border anticompetitive practices The long term economic benefits of an effective competition policy, in particular its contribution to the growth and export competitiveness of developing countries

Regarding Cooperation Between Their Competition Authorities In the Enforcement of Their Competition Laws

Recognizing further the need for effective competition law enforcement,

I Agreements on competition law enforcement 29

Notification of enforcement activities or anticompetitive conduct

In any coordination arrangement, each Party's competition authorities will seek to conduct their enforcement activities consistently with the enforcement objectives of the other Party's competition authorities.

A Competition Commission is established at the regional level to apply competition rules in respect of anti competitive cross border business conduct, promote competition in the Community and coordinate the implementation of the Community Competition Policy it is to collaborate on enforcement with national competition authorities.

Agreements on competition law enforcement

B. Panel on Experiences of developing countries with the implementation of competition law and policy

6. The representative of Tunisia, summarizing recent developments in competition law and policy in his country, said that the scope of application of the law had been extended, the competition authority s structures and powers had been consolidated and implementing regulations had been adopted.

(a) A meeting on competition law and policy, as called for in the report of the Expert Meeting on Competition Law and Policy

programmes on competition law and policy

After reporting on his country s technical assistance activities in support of developing countries efforts to adopt and implement competition laws and policy, he proposed that UNCTAD should formulate model courses on competition policy corresponding to the stage of development of countries and their experience in the implementation of competition law and policy.

enforcement 5 7 6

Meeting of Experts on Competition Law and Policy 13 15 November

Competition law and policy formulation in Malawi

Expert Meeting on Competition Law and Policy 24 26 November

15. A draft project on Support for the finalization of the initial application of Egypt s competition law has been elaborated by UNCTAD with a view to providing technical support in the process of enacting competition legislation and establishing a competition authority responsible for the enforcement of competition legislation in Egypt.

Officials of the Parties' competition authorities shall meet periodically to exchange information on their current enforcement efforts and priorities in relation to their competition laws.

Related Financial Issues

Competition law and policy and its benefits for the alleviation of poverty

An addition, a new Competition Act has been enacted to enhance competition.

I. Anti competitive practices

Handbook on Competition Legislation

It is now understood that globalization brings with it new challenges in competition law enforcement.

7. The process of developing competition policy and law in Malawi was initiated with the First National Symposium on Competition Policy and Legislation (June 1996).

Report of the Intergovernmental Group of Experts on Competition Law and Policy

II. CONSULTATIONS ON COMPETITION LAW AND POLICY, INCLUDING THE MODEL LAW AND STUDIES RELATED

Competition law and competition authority could be introduced in due course.

(a) Endorses the recommendations of the Expert Meeting on Competition Law and Policy

Further requests the UNCTAD secretariat to continue publishing the following documents

I. Anti competitive practices 4

Ordinance No. 95 06 of 25 January 1995 on competition 5

Technical cooperation provided to Estonia has consisted, in particular, of seminars organized for competition authorities and lawyers on competition policy issues, and assistance in the implementation of competition law.

It states further that general interest obligations, which belong to the area of social and economic regulation, should be set out in a transparent manner.

III Multilateral and plurilateral instruments dealing with 38

Chapter II describes experiences in cooperation on competition law and policy.

The APEC training programme on competition policy, which also aims at supporting the implementation of those Principles especially focusing on competition policy, has contributed to the encouragement of competition culture and the effective enforcement of competition law in the region through exchange of views and information.

It also recommended further issues for review and in depth consultations by the Review Conference, namely on (a) techniques for gathering evidence on cartels (b) the role of economic analysis in competition law enforcement (c) the role of the judiciary in such enforcement (d) application of competition law and policy to the informal sector and (e) how to operationalize special and differential treatment for developing countries in competition law and policy.

The report looks at some cases with specific lessons regarding the implementation of competition laws.

The Parties agree that it is in their common interest to cooperate in the detection of anticompetitive practices and the enforcement of their competition laws, and to share information that will facilitate the effective application of those laws and promote better understanding of each other's competition enforcement policies and activities, to the extent compatible with their respective laws and important interests, and within their reasonably available resources.