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).
b) The transition period should extend until 2005. Countries which have not adopted said legislation may not benefit from the trade benefits stated in the agreement.

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:
(1) Crossed subsidies from government or government-controlled monopolies.
(2) Laws and regulations governing taxes, distribution and other discriminatory rules for private suppliers of goods and services.
(3) Discriminatory rules that prevent access to markets for private companies that use basic infrastructure that is owned and/or controlled by government or recently privatized monopolies.
FTAA member countries will include said considerations in their national competition laws.
(The goup has different opinions about item 12)

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.
2. Point 3 should be switched with point 4.
3. Disagreements relate to new point 3.

On new point 3 a) the following agreed
Comisión Empresarial para las Negociaciones Comerciales Internacionales (CENCIT) Guatemala
Comisión ALCA/Perú
Comisión Empresarial para las Negociaciones Internacionales (CENI) República Dominicana
Cámara de Comercio Americana de Nicaragua

On new point 3 b) the following agreed
CLADEC
CICEX - Colombia
CEDES - Colombia
Council of the Americas
Florida Delegation
Coalición Empresarial Brasileña
Unión Industrial Argentina

On pint 12 there was agreement. 12 was supported by the following
Conferencia Latino Americana de Compañías Express
Council of the Americas
Florida Delegation
Comité Intergremial de Comercio Exterior de Colombia (CICEX)
CAPSIA
US Brazil Business Council
ACCA

On point 12 the following parties disagreed
Centro de Industriales Siderúrgicos de la República Argentina
Unión Industrial Argentina
Cámara Argentina de Comercio
Consejo Regional de Economía de San Pablo
Confederación Nacional de Industrias de Brasil
Coalición Empresarial Brasileña
Asociación Brasileña de Fabricantes de Juguetes (ABRINQ)

Autoridades del Taller:

Chairman: Gabriel Ibarra Pardo (Colombia)
Rapporteur: Rodolfo Rúa Boiero (Argentina)
Vice-Rapporteur: Enrique Aftalión (Argentina)
Assistant: Adriana Molina