CUTS Daily Bulletin # 02 | July 05, 2024
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Round Table on Competition Policy and Poverty Reduction
On the second day of the 22nd Session of the Intergovernmental Group of Experts on Competition Law and Policy, held in Geneva, a round table on Competition Policy and Poverty Reduction was conducted. The session concentrated on the significant challenge of poverty, particularly in low and middle-income countries, which the COVID-19 pandemic, cost-of-living crisis, and political instability have exacerbated. The discussion revealed that over 1.2 billion people in developing countries live in acute multidimensional poverty, posing a threat to the achievement of Sustainable Development Goals. Participants emphasised that market competition directly impacts poverty reduction by lowering the prices of essential goods and services, thus benefiting the poorest populations. It was noted that competition agencies have a crucial role in targeting anticompetitive practices that increase costs for disadvantaged individuals and in addressing government-imposed barriers that prevent market benefits from reaching the poor.
The key takeaways from the session included:
- Role of Competition Policy in Enhancing Living Standards: Participants emphasised the role of competition policy in enhancing living standards, especially in developing countries. They highlighted the importance of recognising poverty as both a market and humanitarian problem, advocating for a pro-poor agenda in antitrust policy, particularly in food security and digital markets. The use of competition law to address market constraints and promote fair distribution was deemed essential.
- Competition Regulation and Poverty Alleviation: The discussion underscored the role of competition regulation in poverty alleviation by prioritising low-income consumers and forming partnerships with civil society and government agencies. Successful interventions in the pharmaceutical and agricultural sectors were cited as examples that improved access to essential goods and services.
- Proposed Strategies for Effective Competition Law: Strategies proposed included combating excessive pricing, promoting market entry for small producers, and redistributing surplus generated by dominant firms. Innovative approaches were deemed necessary to ensure the effective contribution of competition law to poverty reduction. The need for efficient corruption control and fair public procurement practices was also highlighted.
- Case Studies: Participants shared their experiences that demonstrated how regulating competition can reduce poverty. The benefits of policy coordination between competition law and other government sectors to enhance social welfare were emphasised.
(Reporting by Peter Maundu, CUTS International, Geneva)
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Competition and Regional Economic Organisations
At the 22nd Session of the Intergovernmental Group of Experts on Competition Law and Policy held on July 4, 2024, in Geneva, Switzerland, the "Competition and Regional Economic Organisations" session highlighted the global trend of regional economic cooperation aimed at fostering trade and economic growth. Participants discussed recent developments in regional competition regimes and systems, emphasising the importance of collaboration among regional competition authorities. They also shared specific initiatives undertaken in their respective regions to enhance competition enforcement and promote economic integration.
The key takeaways from the session included:
- Eurasian Economic Commission's Efforts: Participants highlighted the administrative meetings and interactions within the Eurasian Economic Commission (EEC), emphasising the relevance of such meetings for the global development of competition integration processes. It was noted that the EEC has successfully developed a regional competition authority with the power to investigate and prosecute violators, continuously improving laws and enforcement practices. Significant initiatives include the abolition of roaming tariffs and efforts to minimise inter-country differences in pharmaceutical prices.
- West African Economic and Monetary Union's Cooperation Agreement: Another participant from the West African Economic and Monetary Union (WAEMU) discussed a cooperation agreement with the Economic Community of West African States (ECOWAS) to harmonise competition rules and avoid duplication. The agreement aims to enhance cooperation and bring harmony between the two bodies in addressing anti-competitive practices, dominant position abuses, and state aid. Key actions include capacity building, data sharing, and developing partnerships to support competition and consumer safety in West Africa.
- Common Market for Eastern and Southern Africa's Initiatives: A representative from the Common Market for Eastern and Southern Africa (COMESA) shared their recent activities, including amendments to their competition regulations and a project investigating food inflation. COMESA has been actively collaborating with other regional competition authorities in Africa to avoid duplication of efforts and over-regulation. They have also supported member states in amending their laws to enhance cooperation and joint investigations.
- Call for Enhanced Regional Cooperation: Overall, the session underscored the importance of regional cooperation and information exchange in addressing competition challenges, with participants calling for further development of these initiatives and recognition of a World Competition Day to highlight the significance of competition regulation.
(Reporting by Peter Maundu, CUTS International, Geneva)
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Report on the implementation of the guiding policies and procedures under section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices
Held from 3-5 July 2024 at the Palais des Nations in Geneva, Switzerland, the 22nd session of the Intergovernmental Group of Experts on Competition Law and Policy focused on the implementation of guiding policies and procedures under Section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices, as well as the activities of the Informal Working Group on Cross-border Cartels. The session emphasised the importance of reviewing and updating policies, enhancing international cooperation, sharing practical case studies, and incorporating academic perspectives to better address cross-border competition issues and restrictive business practices.
The key takeaways from the session included:
- Guiding Policies and Procedures (GPP): Participants noted that the Secretary has continuously reported on the Guiding Policies and Procedures (GPP) document, with activities in 2023 and 2024 focusing on its dissemination, maintaining a contact list of competition authorities, and updating information on global competition legislation.
- Survey and Review: Participants reported that a survey was conducted to update contact information and collect recent competition legislation data, and the appendix of the GPP was reviewed and updated with new documents from the International Competition Network (ICN) and OECD.
- Future Work Recommendations: Participants recommended future work to include updating the appendix with relevant documents, enhancing dissemination activities to raise awareness of the GPP among newer competition authorities in developing countries, and exploring additional initiatives suggested by Member States.
- Cross-Border Cartels: Participants emphasised addressing cross-border cartels due to their significant harm and recommended ongoing discussions on practical case studies, raising awareness, and enhancing international cooperation.
- Support for Renewed Mandate: Participants indicated that several countries support renewing the working group’s mandate, recognising the benefits of case study discussions and cooperation.
- Importance of International Cooperation: Participants highlighted that effective counteraction against cross-border cartels requires strong international cooperation and sharing experiences among competition authorities.
- Cross-Border Enforcement Toolkit: A presentation detailed the ongoing development of a Cross-Border Enforcement Toolkit, an inclusive initiative guided by contributions from various competition agencies and numerous developing countries. The project aims to identify practical challenges encountered by enforcers dealing with foreign violators and to share effective solutions to these issues.
(Reporting by Peter Maundu, CUTS International, Geneva)
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