|Free Trade Area of the Americas - FTAA|
FTAA - COMMITTEE
OF GOVERNMENT REPRESENTATIVES ON THE PARTICIPATION OF
CONTRIBUTION IN RESPONSE TO THE OPEN AND ONGOING INVITATION
1. Competition laws and policies of the parties must prevent and inhibit anti-competitive practices both in the private and public sector, to promote economic efficiency and the welfare of consumers.
2. The Chapter on Competition Policy must include a commitment from all countries to enact national competition laws and create an enforcement agency for same, in accordance with the transparency principles.
3. Countries that do not have competition laws must be required to enact said laws within a defined time frame.
4. Technical assistance mechanisms must be provided to those countries that lack competition laws. Disagreement on item 4 (A and B)
a) The time frame to adopt this
legislation must extend until 2010. During this period, the countries
which have not adopted said legislation may not require reciprocity from
those that do have it (positive comity).
5. Exceptions that exclude export cartels from the scope of competition laws must be eliminated prior to the FTAA becoming effective. As of said date, exports of export cartels must not benefit from the trade preferences established in the agreement.
6. A similar level of subsidies to position the industrial and agricultural regimes on an equal footing is indispensable to initiate the trade liberalization program.
7. Exceptions or special requirements that apply to certain sector which are explicitly excluded from the scope of competition laws, must be eliminated. This recommendation does not include the regulated sectors.
8. The parties must state the exceptions that apply to certain sectors and which explicitly exclude them from the scope of competition laws.
9. No new exceptions different to those reported must be adopted as of the date the agreement becomes effective.
10. Countries that continue offering exceptions may not claim positive comity rights for the sectors they exclude.
11. The FTAA´s competition policy and national competition laws, including the relationship between same, must not substitute trade laws.
12. FTAA member countries must ban
government restrictions that have an anti-competitive effect on the trade
between said countries. The list must include but not be limited to:
13. The workshop decided to create a
standing virtual working group which will be open to the participation of
all business representatives who wish to participate. The purpose of the
working group shall be to exchange information and opinion, and follow-up
on the negotiations of the Chapter on Competition of the FTAA.
Addendum to English translation of competition policy recommendation of ABF
Change the term “competition defense” to competition throughout.
Changes to following points
1. Omit defense from second time.
On new point 3 a) the following agreed
On new point 3 b) the following agreed
On pint 12 there was agreement. 12 was supported by
On point 12 the following parties disagreed
Autoridades del Taller:
Chairman: Gabriel Ibarra Pardo (Colombia)
|countries||sitemap||a-z list||governmental contact points|