Session I: Implementation of competition law and policy
Monday, 8 November 2010, 15:00-18:00 hrs
E-Building, Room XVIII (1st floor)
Competition law and policy will only achieve their objectives in terms of enhancing consumer welfare, stimulating competitiveness and contributing to economic development, if they are complied with by all business actors. Given the importance of effective enforcement, this session is dedicated to the implementation of competition law and policy, in particular to appropriate sanctions and remedies and judicial review of competition cases.
Appropriate sanctions and remedies are necessary to ensure compliance with competition law provisions. Comparative research shows that a great array of sanctions and remedies exists across different competition law systems. Taking into account the political and economic reality in developing countries, the following questions arise:
- Are criminal sanctions an appropriate tool for competition law enforcement in developing countries?
- How to set the appropriate level of fines?
- How to ensure compliance with remedies and sanctions in competition cases?
As a requirement of the rule of law, judicial review of competition cases ensures that competition authorities do not misuse their powers and independence. The design of judicial review systems varies significantly between countries. However, certain challenges appear to impact on the effectiveness of judicial review in a number of young competition law regimes. Against this background, delegates may want to discuss the following questions:
- How to deal with the challenges resulting from an insufficient number of qualified judges to handle competition cases?
- How to ensure that the length of the appeal process does not render vein the initial decision in a competition case?
[Print the Timetable]
| 15:00 - 15:10 |
Introduction on appropriate sanctions and remedies and on judicial review of competition cases by UNCTAD Secretariat |
| 15:10 - 15:40 |
Key note speech on appropriate sanctions, remedies and judicial review of competition cases
- Sir Christopher Bellamy, UK
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| 15:40 - 16:20 |
Panel discussion on appropriate sanctions and remedies
- Mr. Alberto Heimler, Italy
- Ms. Regina Vargas. Senior official of the Competition Authority (Superintendence of Competition) - El Salvador
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| 16:20 - 17:00 |
Panel discussion on judicial review in competition cases
- Hwang LEE, Korea University School of Law
- Mohamed Kolsi, Chaiman, Competition Commission of Tunisia
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| 17:00 - 18:00 |
Discussion open to all delegates Countries that have submitted written contributions on the topic include:
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Delegates wishing to speak during the session are invited to inform the Secretariat accordingly by contacting:
Aurelie Legrand (aurelie.legrand@unctad.org) or Yves Kenfack (yves.kenfack@unctad.org).
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Compilation of the responses to the UNCTAD Questionnaire on SESSION I: Implementation of competition law and policy 20/09/10, 189 Pages, 674 Kb
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Appropriate sanctions and remedies (TD/RBP/CONF.7/5) 30/08/10, 19 Pages, 140 Kb Also available in: French Spanish Arabic Chinese Russian |
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(Written contributions by Member States and presentations by Panellists will be published during the Conference.)
Documents are made available in the language and form in which they were received. The views expressed therein are those of the authors/organizations and do not necessarily reflect the views of the UNCTAD secretariat.
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Sanctions et mesures correctives appropriées et le contrôle juridictionnel des affaires de concurrence, Mr. Hassan Qaqaya, UNCTAD 08/11/10, 12 Pages, 294 Kb
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Appropriate sanctions and remedies, Mr. Alberto Heimler, Italy 08/11/10, 10 Pages, 68 Kb
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Judicial review of competition cases in Korea, Mr. Hwang Lee, associate professor at the Law School of Korea University 08/11/10, 17 Pages, 837 Kb
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Written contribution by Judge Winston Anderson of the Caribbean Court of Justice 08/11/10, 8 Pages, 56 Kb
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(Recordings of presentations by Keynote Speakers and Panelist are available in MP3 format.)
| Introduction on appropriate sanctions and remedies and on judicial review of competition cases
|
Key note speech on appropriate sanctions, remedies and judicial review of competition cases
- Sir Christopher Bellamy, UK
| English | |
Panel discussion on appropriate sanctions and remedies
- Mr. Alberto Heimler, Italy
| English |
- Mr. Fernando Furlan, Brazil
| English |
- Sir Christopher Bellamy, UK
| English | |
Panel discussion on judicial review in competition cases
- Hwang LEE, Korea University School of Law
| English |
- Mohamed Kolsi, Chaiman, Competition Commission of Tunisia
| French | English | |