RESTRICTEDWORLD TRADE
ORGANIZATIONWT/WGTCP/W/128
7 June 1999
(99-2270)
Working Group on the Interaction
between Trade and Competition Policy
OVERVIEW OF MEMBERS' NATIONAL COMPETITION LEGISLATION
Note by the Secretariat
1. This document is the final version of a text circulated previously as an informal note by the
Secretariat (Job 2223, circulated 15 April 1999).  That note was prepared in response to a requestmade by the Working Group at its meeting on 27-28 July 1998 (document WT/WGTCP/M/5,
paragraph 85) that the Secretariat prepare a document summarizing objective information on national
competition legislation that had been provided by Members in their respective submissions and
presentations.  The present document incorporates comments provided by a number of Members on
the draft version, both during and subsequent to the Group's meeting on 19-20 April.
2. A number of limitations relating to the approach used in preparing the document should be
noted.  First, as was noted by delegations in  the meeting of 19-20 April (WT/WGTCP/M/8 (to be
issued)), the coverage of the document is limited to a stocktaking of national competition legislation,
as such.  It does not, therefore, cover national competition policy regimes that do not embody such
legislation.  The view has been expressed in the Group that a national competition policy can existwithout a competition law,
1 and two examples of such policies that rely on instruments other than
competition legislation (e.g., a high degree of market openness supplemented by sectoral rules and
other instruments, where necessary) have been presented in the Group.2
3. Second, as was stipulated by the Group when the request was made, the document is based
solely on information provided by Members and observers in their written and oral submissions.  In
fact, not all Members with national competition laws have provided information on their respective
laws.  In addition, to the extent that Members, in their submissions, were not asked to follow aprescribed format and, therefore, did not necessarily address all of the same topics and elements, the
information provided may be incomplete.
4. Third, the attached overview clearly represents a "broad-brush" approach to the description of
national legislation.  Consistent with the direction given by Members, it simply notes whether
particular types of conduct (e.g., horizontal or vertical restraints) are addressed under the respectivenational laws, and provides related information on the title of the law, the agency responsible for
administering it, the availability of criminal penalties and private actions to enforce the law, etc.  In
fact, each of the categories included in the table could, in principle, be the subject of a series of
sub-categories relating to issues such as whether a per se  or rule-of-reason approach is employed in
respect of a particular type of conduct, what factor s are considered in applying the relevant statutory
provisions, whether private actions or criminal penalties are available in respect of some types of
competition law offences but not others, etc.
                                                     
1 WT/WGTCP/2, paragraph 46.
2 See WT/WGTCP/W/53 (overview of national competition policy of Hong Kong, China),
WT/WGTCP/M/3, paragraph 42 (presentation of national competition policy of Hong Kong, China in theGroup) and WT/WGTCP/M/3, paragraph 48 (presentation of national competition policy of Singapore).WT/WGTCP/W/128
Page 2
5. Fourth, the attached overview does not delve into matters such as exceptions and exemptions
from national competition laws, which were not discussed extensively in the submissions of most
Members, and which would, in any case, involve significant additional analysis.
6. With regard to notation, the attached table simply notes, with a check-mark ( /g51), if, according
to the information provided, a particular matter is addressed in a Member's competition law.  It doesnot distinguish between situations where the element in question is generally applicable or only
partially so (i.e., in a subset of situations).WT/WGTCP/W/128
Page 3OVERVIEW OF NATIONAL COMPETITION LEGISLATION
Competition law includes provisions on: Criminal
penalties?4Member /
ObserverNational competition law
Horizontal
restraints
(cartels)Vertical
restraints5Abuse of
dominant
position or
monopoliz-
ationMergersAgency responsible for
administering the lawAgency engages in
competition advocacy
activities? 3Right of
action
before a
court
available
to private
parties?
Argentina Law 22.262 (1980) /g51/g51 /g51 National Commission for the
Defence of Competition
Australia Trade Practices Act (1974) /g51/g51 /g51 /g51 Australian Competition and
Consumer Commission/g51(especially through the
National CompetitionCouncil)/g51
6
Bolivia Market Arrangement Code
(proposed legislation not yetapproved by Congress)/g51/g51 /g51 /g51 INPROCOP (National
Institute for the Protection ofConsumers, Competition andIndustrial Property)
7
Brazil Law 8.884 (1962, amended
1990, revised 1994) /
Law 8.137 (1990) /Law 9.021 (1995)/g51/g51 /g51 /g51 CADE (Administrative
Council for EconomicDefense) /
SDE (Secretariat for
Economic Law at theMinistry of Justice ) /
SEAE (Secretariat for
Economic Monitoring at theMinistry of Finance)/g51
                                                     
3 Competition advocacy refers to activities undertaken by staff of a competition agency or related authority to influence the des ign and/or implementation of government policies,
legislation or administrative actions that affect competition.
4 It is assumed that all national competition laws provide for the application of civil (non-criminal) remedies;  therefore, thes e are not specifically noted.
5 Some national laws address vertical restraints through broad provisions dealing with "restr aints on free competition", "agreeme nts in restraint of trade" or related conduct.
6 Except in regard to the prevention of mergers.
7 Agency to be created following adoption of proposed legislation.WT/WGTCP/W/128
Page 4Competition law includes provisions on: Criminal
penalties?4Member /
ObserverNational competition law
Horizontal
restraints
(cartels)Vertical
restraints5Abuse of
dominant
position or
monopoliz-
ationMergersAgency responsible for
administering the lawAgency engages in
competition advocacy
activities? 3Right of
action
before a
court
available
to private
parties?
Canada Competition Act (1986) /g51/g51 /g51 /g51 Commissioner of Competition
(supported by the staff of the
Competition Bureau)/g51/g51 /g51
Chile Decree Law No. 211 (1973) /g51/g51 /g51 /g51 National Economic
Prosecutor's Office
Resolutory Commission
Preventative Commission/g51 /g518/g51
Colombia Decree 2153 (1992) /g51/g51 /g51 /g51 Office for the Promotion of
Competition/g51
Croatia
(non-paper)Law on the Protection of
Market Competition (1995)/g51/g51 /g51 /g51 Agency for the Protection of
Competition /
Council for the Protection of
Competition/g51(especially through the
Council for the Protectionof Competition)
Czech Re public Act 63/1991 Coll., on the
Protection of EconomicCompetition, as amended by
Acts 495/1992 Coll. and
286/1993 Coll./g51/g51 /g51 /g51 Office for the Protection of
Economic Competition/g51/g51
European
Community andits Member StatesRelevant provisions of the
Treaty of Rome (especiallyArticles 85 and 86)
9 and the
Merger Regulation (1990)10/g51/g51 /g51 /g51 Directorate IV of the
European Commission11/g51 /g5112 13
Hungary Act on the Prohibition of
Unfair and Restrictive Market
Practices (Act No. LVII of1996)/g51/g51 /g51 /g51 Office of Economic
Competition/g51
                                                     
8 Private parties may appeal the resolutions of the Resolutory Commission before the Supreme Court.
9 In parallel to the provisions of the Treaty of Rome, each EC Member state has its own national competition legislation.
10 The competition law of the European Community also includes prov isions on state aids (Article s 92-94 of the Treaty of Rome) gr anted by national governments.
11 Each EC Member state also has its own national competition authority.
12 With respect to national courts.
13 The competition legislation of the European Community and its member States provides, in most cases, for administrative sancti ons in place of criminal penalties.  The national
legislation of Denmark includes provision for criminal penalties.WT/WGTCP/W/128
Page 5Competition law includes provisions on: Criminal
penalties?4Member /
ObserverNational competition law
Horizontal
restraints
(cartels)Vertical
restraints5Abuse of
dominant
position or
monopoliz-
ationMergersAgency responsible for
administering the lawAgency engages in
competition advocacy
activities? 3Right of
action
before a
court
available
to private
parties?
India Monopolies and Restrictive
Trade Practices Act (1969,
amended 1991)/g51/g51 /g51 /g51 MRTP Commission
Japan Anti-monopoly Act (1947) /g51/g51 /g51 /g51 Fair Trade Commission /g51/g51 /g51
Kenya Restrictive Trade Practices,
Monopolies and Price ControlAct (1989)/g51/g51 /g51 /g51 Monopolies and Prices
Commission/g51
Korea Monopoly Regulation and
Fair Trade Act (1980)/g51/g51 /g51 /g51 Fair Trade Commission /g51
Mexico Federal Law of Economic
Competition (1993)/g51/g51 /g51 /g51 Federal Competition
Commission/g51
New Zealand Commerce Act 1986; Fair
Trading Act 1986/g51/g51 /g51 /g51 Commerce Commission14/g51
Norway Competition Act (1993) /g51/g51 /g51 /g51 Competition Authority /g51/g51 /g51
Peru Legislative Decree No. 701
(1991)/g51/g51 /g51 INDECOPI (National
Institute for the Defense of
Competition and theProtection of IntellectualProperty)/g51/g51
Poland Act of February 1990 on
Counteracting Monopolistic
Practices and Protection ofConsumers' Interests/g51/g51 /g51 /g51 Office for Competition and
Consumer Protection/g51
Romania Competition Law (1996) /g51/g51 /g51 /g51 Competition Office /
Competition Council/g51
South Africa Competition Act 98 of 1998 /g51/g51 /g51 /g51 Competition Commission
Competition Tribunal
Competition Appeal Court/g51/g51 /g51
Switzerland Federal Act on Cartels and
Other Restraints ofCompetition (1995)/g51/g51 /g51 /g51 Competition Commission /g51/g51 /g51
                                                     
14 Other government agencies in New Zealand are responsible for competition advo cacy.WT/WGTCP/W/128
Page 6Competition law includes provisions on: Criminal
penalties?4Member /
ObserverNational competition law
Horizontal
restraints
(cartels)Vertical
restraints5Abuse of
dominant
position or
monopoliz-
ationMergersAgency responsible for
administering the lawAgency engages in
competition advocacy
activities? 3Right of
action
before a
court
available
to private
parties?
Tunisia Competition law No. 91-64
amended by:  Law No. 93-83
and Law No. 95-42/g51/g51 /g51 /g51 General Director of
Competition and Domestic
Trade
Competition Council
Courts/g51/g51 /g51
Turkey Law No. 4054 (1994) /g51/g51 /g51 /g51 Competition Authority /g51/g51
United States Sherman Act (1890), Clayton
Act (1914), FTC Act (1914),Robinson-Patman Act (1936),
Hart-Scott-Rodino Act
(1976), and National Coop.and Production Act (1984,1992)/g51/g51 /g51 /g51 Federal Trade Commission /
Antitrust Division of theDepartment of Justice/g51/g51 /g51
Venezuela Law Promoting and
Protecting the Exercise ofFree Competition (1992)/g51/g51 /g51 /g51 PRO-COMPETENCIA
(Superintendency for the
Promotion and Protection of Free
Competition)/g51
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