- The United Nations Set of Principles and Rules on Competition: Implementation after 40 years4.05 MB
This publication commemorates UNCTAD's 60th anniversary in 2024, and 44 years after the adoption of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (The Set), reflecting on its influence in the implementation of competition law and policy by developing countries across the globe.
International cooperation in competition law and policy is crucial due to the global nature of markets, as it enables effective enforcement of competition rules against anti-competitive practices that can span multiple jurisdictions, such as cartels and mergers.
By sharing information, resources, and best practices, countries can overcome limitations in enforcement capabilities, especially in cases involving complex international economic activities. Furthermore, international cooperation helps harmonize regulations, reducing the risk of conflicting laws and providing a fair and predictable legal environment for businesses operating internationally, thereby promoting fair competition and economic efficiency on a global scale.
To address this complex issue, over four decades ago, the United Nations General Assembly adopted the Set through its resolution 35/63 of 5 December 1980. The Set was the first, and remains the only, internationally agreed instrument on competition law and policy.
The Set established an international institutional machinery at UNCTAD to oversee the implementation of the Set. This Intergovernmental Group of Experts on Competition Law and Policy reports to the United Nations Conference to Review All Aspects of the Set, which is held every five years. As a result, UNCTAD became the custodian of the Set and the focal point for competition law and policy within the United Nations system.
The present publication reflects on UNCTAD's influence over the last 44 years in the adoption and implementation of competition law and policy by developing countries across the globe.
It compiles contributions from international competition scholars and experts, including civil society representatives. It also highlights UNCTAD's unique role as the voice of developing countries and the focal point for competition law and policy within the United Nations system.
The publication also identifies areas for improvement in order to ensure that the Set remains valid in the 21st century given the current and evolving global challenges in view of the upcoming Ninth Review Conference in 2025.
Report by the United Nations Conference on Trade & Development
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