On the final day of the 22nd Session of the Intergovernmental Group of Experts on Competition Law and Policy, held on July 5, 2024, at the Palais des Nations in Geneva, Switzerland, discussions focused on merger control standards. The session facilitated consultations and the exchange of opinions among Member States, highlighting the growing importance of merger control in today’s dynamic market environment. Participants emphasised the need to reexamine traditional merger control standards in light of new concepts such as data value, network effects, and digital ecosystems. Additionally, it was noted that many jurisdictions are enhancing their merger control standards by adjusting review thresholds, scrutinising non-horizontal mergers, and addressing nascent competitive threats.
 

The key takeaways from the session included the following.

• Importance of Merger Control: Participants stressed that merger control is crucial due to market power concentration in key sectors, requiring adapted standards to current conditions while upholding free market principles and fostering technological development.
• Adapting Competition Rules: Participants noted that adapting competition rules involves lowering notification thresholds, using behavioural or structural remedies, and addressing vertical and conglomerate mergers. They emphasised that digital markets require proactive analysis to avoid stifling innovation.
• Need for International Cooperation: Participants emphasised that effective merger control requires greater international cooperation between national authorities, with experts and academics discussing main trends and standards.
• Challenges for Young Authorities: Young competition authorities face significant challenges in evolving digital markets, necessitating an understanding of digital complexities and the development of specialised knowledge.
• Strategies for Business-Friendly Environments: Some jurisdictions have enhanced regulatory efficiency by implementing time-bound review processes, guidelines for non-horizontal and digital market transactions, and adjusted notification thresholds.
• Adapting Policies for Digital Markets: Reforms in some countries include new criteria for assessing market power in digital markets and updated notification thresholds to capture significant mergers.
• Predictability and Legal Certainty: The business perspective highlights the importance of clear jurisdictional thresholds and effective international cooperation to streamline merger reviews and enhance compliance.
• Innovative and Restorative Remedies: There was a call for innovative and restorative remedies to maintain competitive markets, along with increased international cooperation.

During the 22^nd Intergovernmental Group of Experts (IGE) on Competition Law and Policy on 5 July 2024 at the Palais des Nations in Geneva, delegates reviewed capacity-building and technical assistance in competition law and policy. They exchanged insights from their experiences with UNCTAD's assistance and discussed future needs. It was acknowledged that UNCTAD supports developing countries in drafting legislation, adopting frameworks, strengthening capacities, and promoting competition advocacy. Participants noted that in 2023, UNCTAD's efforts significantly impacted competition law and policy.
 


The key takeaways from the session included:

• Focus on the Democratic Republic of the Congo: In August 2023, UNCTAD launched a project in the Democratic Republic of the Congo to strengthen competition and consumer protection policies.
• Bhutan's Capacity-Building Workshops: In August and September 2023, UNCTAD conducted three workshops in Bhutan on drafting competition law, institutional design, agency effectiveness, advocacy, and detecting competition malpractice.
• Latin America and the COMPEL Programme: After the Competition and Consumer Protection Policies for Latin America (COMPEL) programme, new activities in Latin America have been self-funded, with a Competition Week held in the Dominican Republic in October 2023.
• Support for Portuguese-Speaking Countries: In 2023, UNCTAD supported Portuguese-speaking developing countries and Timor-Leste with a Portugal-funded project including webinars and workshops on various competition topics.
• Enhancing Competition Policy in Africa: UNCTAD collaborated with the African Continental Free Trade Area to conduct training workshops in Libreville and Nairobi, enhancing competition policies across Africa.
• Capacity-Building in Albania: The Albanian Competition Authority will receive a new technical assistance program from UNCTAD to address judge training, legislative adaptation, and digital market developments.
• Dominican Republic’s Competition Week: In November 2022, the Dominican Republic hosted a "Competition Week" with UNCTAD’s support, enhancing competition law understanding and implementation.
• Future Initiatives and Continued Support: UNCTAD will continue supporting Portuguese-speaking African countries and Timor-Leste in adopting competition laws and frameworks, and seek extra-budgetary resources for outstanding requests.
• Closing plenary: The closing plenary discussed and adopted the draft set of agreed conclusions. It was also announced that there will be no annual meeting on competition law and policy in 2025; instead, a comprehensive review conference will be held under the auspices of the United Nations.