 WORLD TRADE  
ORGANIZATION  WT/WGTCP/W/246 
22 January 2004 
 (04-0209) 
Working Group on the Interaction 
between Trade and Competition Policy  
 
 
 
REVISED TABLES SUMMARIZING CONTRI BUTIONS TO THE WORKING GROUP 
ON ELEMENTS INCLUDED IN PARAGRAPH 25 OF THE 
DOHA MINISTERIAL DECLARATION 
 
Note by the Secretariat  
 
 
   
 
   At the Working Group's meeting of 26-27 May 2003, the Group requested (WT/WGTPC/M/22, paragraph 23) that the Secretar iat prepare a revised and updated version of the 
tables summarizing the contributions of Members, Obser vers and the Secretariat that were included in 
document WT/WGTCP/W/228, Annexes II(A-D).  These tables were initially prepared as Annexes to 
four separate background notes by the Secretariat th at dealt, respectively, with each of the four 
elements for clarification that were referred to in  paragraph 25 of the Doha Ministerial Declaration, 
namely:  Support for progressive reinforcement of  competition institutions in developing countries 
through capacity building (WT/WGTCP/W/182) ; Provisions on hardcore cartels 
(WT/WGTCP/W/191); Modalities for voluntary cooperation (WT/WGTCP/W/192); and Core 
principles, including transparency, non-discrimin ation and procedural fairness (WT/WGTCP/209). 
  The requested tables are attached. Like the previous versions, the attached tables deal, 
respectively, with the four elements for clarificati on that are referred to in paragraph 25 of the Doha 
Ministerial Declaration, namely: 
 
 
Table I:  Contributions to the Working Group relevant to the subject of core 
principles, including transparency, non-discrimination, and procedural fairness (Pages 3-9) 
 
Table II:  Contributions to the Working Group relevant to the subject of provisions 
on hardcore cartels (Pages 10-19) 
 
Table III:  Contributions to the Working Group relevant to the subject of modalities 
for voluntary cooperation (Pages 20-27) 
 
 Table IV:  Contributions to the Working Group relevant to the subject of support for 
the progressive reinforcement of comp etition institutions  in developing 
countries through capacity building (Pages 28-35) 
 
 
 In regard to each of the above-mentioned elemen ts for clarification, the tables indicate the 
document symbol, the relevant Member or other source and a page or paragraph reference.  They also This document has been prepa red under the Secretariat's own 
responsibility and without prejudice to the positions of Members 
and to their ri ghts and obli gations under the WTO.WT/WGTCP/W/246 
Page 2  
provide a short point-form description of the ma tters discussed.  The description is, of course, 
constrained by the limited available space a nd in no way purports to be exhaustive. 
  The documents summarized in the attached tables are complemented by the oral discussion of the four elements contained in paragraph 25 which took place in the Working Group's meetings in 
2002 and 2003.  A synthesis of this discussion can be found in the Working Group's Annual Reports 
for 2002 and 2003, which in turn are based on and pr ovide references to relevant portions of the 
Working Group's minutes.  The following sections of the Working Group's Reports for 2002 and 2003 are relevant:   
Element Relevant sections of the Working Group's Annual  
Reports for 2002 and 2003 
Core principles, including transparency, non-discrimination and procedural fairness Report (2002) of the Working Group on the Interaction 
between Trade and Competition Policy (WT/WGTCP/6), section C(I). Report (2003) of the Working Group on the Interaction between Trade and Competition Policy (WT/WGTCP/7), 
section C(I). 
 
Provisions on hardcore cartels Report (2002)  of the Working Group on the Interaction 
between Trade and Competition Policy (WT/WGTCP/6), section C(II). Report (2003) of the Working Group on the Interaction between Trade and Competition Policy (WT/WGTCP/7), 
section C(I). 
 
Modalities for voluntary cooperation Report (2002) of the Working Group on the Interaction 
between Trade and Competition Policy (WT/WGTCP/6), section C(III). Report (2003) of the Working Group on the Interaction between Trade and Competition Policy (WT/WGTCP/7), section C(I). 
 
Support for progressive reinforcement of competition 
institutions in developing countries through capacity building Report (2002) of the Working Group on the Interaction 
between Trade and Competition Policy (WT/WGTCP/6), 
section C(IV). Report (2003) of the Working Group on the Interaction between Trade and Competition Policy (WT/WGTCP/7), section C(I). 
 
 
 Finally, it should be noted that, since the attached tables are focused on the four specific 
elements for clarification that are referred to in pa ragraph 25 of the Doha Ministerial Declaration, they 
do not cover other issues that were discussed by the Working Group during the past two years, in 
particular the issues of:  (i) the nature and scope of compliance mechanisms that might be applicable 
under a multilateral framework on competition policy; and (ii) possible elements of progressivity and 
flexibility that might be included in a multilateral framework on competition policy.  A synthesis of 
the Working Group's discussions on these two elements of its work along with lis ts of relevant written 
submissions may be found in the Report (2003) of the Working Group on the Interaction between 
Trade and Competition Policy to the General Council (WT/WGTCP7), sections C(II) and (III), 
respectively.  
_______________  WT/WGTCP/W/246 
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 I. CONTRIBUTIONS TO THE WORKING GROUP RELEVANT TO THE SUBJECT 
OF CORE PRINCIPLES, INCLUDING TRANSPARENCY, NON-DISCRIMINATION, AND PROCEDURAL FAIRNESS 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/26 Hong Kong, China page 1 non-discriminatory trade 
liberalization tends to enhance 
microeconomic "technical efficiency" 
W/42 Canada page 2 importan ce of non-discrimination, 
transparency and procedural fairness 
W/45 European 
Communities pages 4-6 the principles of transparency and 
non-discriminatory treatment of foreign and domestic firms are 
common to both competition law 
and the multilateral trading system 
W/57 Canada passim  application of the principle of 
national treatment to competition law 
W/89 Switzerland pages 2 et seq.  preliminary elements concerning 
the relevance of the principles of national treatment and transparency 
W/100 Brazil pages 3 et seq.  extension of WTO principles of 
transparency and national 
treatment to the antitrust sphere 
pages 3 et seq.  key elements of competition law 
and policy and their relationship to 
transparency and non-discrimination 
pages 8 et seq.  the contribution of competition 
law towards ensuring non-discrimination and transparency in international trade W/115 European 
Communities 
pages 11 et seq.  scope for developing core 
principles of competition law and 
its enforcement within WTO 
W/117 Switzerland pages 2 et seq.  reference to experience acquired in 
the area of TRIPS WT/WGTCP/W/246 
Page 4  
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/119 Japan page 3 importance of basic principles of 
"most-favoured-nation treatment", "national treatment", "transparency" and "competition-oriented principle" 
pages 1 et seq.  applicability of WTO principles to 
competition policy in light of 
Japan's experience W/120 Japan 
pages 4-5 implications of the basic 
philosophy of competition policy 
for WTO principles 
W/131 United States pages 1 et seq.  relationship of WTO principles to 
antitrust law enforcement and competition policy 
W/149 India page 1 importance of the principles of 
non-discrimination and transparency to the multilateral trading system 
W/160 European 
Communities page 2 there is a need for the inclusion of 
the principle of non-discrimination 
in a WTO framework agreement 
on competition by way of a separate specific provision 
W/165 Czech Republic page 3 a WTO framework agreement 
should be based on the principles of non-discrimination and transparency 
W/173 Canada and 
Costa Rica page 1 commitment to the principles of 
transparency, non-discrimination 
and procedural fairness in the 
Canada-Costa Rica Free Trade Agreement 
W/174 Canada page 3 importance of a commitment to 
transparency and non-discrimination in a multilateral agreement on 
competition 
W/175 European 
Communities pages 3-4  how a number of developing 
country interests and concerns 
could be addressed in relation to certain core principles such as transparency and non-discrimination  WT/WGTCP/W/246 
 Page 5 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/197 UNCTAD pages 10 and 15 the need for study of the 
interlinkages of the proposed core principles with:  (i) special and differential treatment; and (ii) market access 
W/209 Secretariat pages 2-3 the content and role of the core 
principles of transparency, non-
discrimination and procedural 
fairness in the WTO 
  pages 3-5 Members' proposals for 
incorporating the core principles in a multilateral framework on competition policy 
  pages 5-7 arguments for incorporating core 
principles into a multilateral 
framework on competition 
  pages 7-12 questions, concerns and 
reservations expressed by Members concerning the incorporation of core principles 
into a multilateral framework on 
competition 
W/210 New Zealand whole paper the possible form and scope of 
core principles on competition, additional principles that might be 
considered, especially 
comprehensiveness;  the importance of flexibility and priorities for future work  
W/211 Australia pages 1-7 the core principles of transparency, 
non-discrimination and procedural fairness, and how Australia has 
implemented them in the field of 
competition law and policy 
W/212 Korea whole document application of the core principles 
of non-discrimination, transparency and procedural fairness to competition policy, and the role of exceptions in this area 
W/213 and Rev.1 Thailand whole paper the need for greater focus on cross-
border and not solely on domestic competition issues in the context 
of core principles, and to include 
special and differential treatment WT/WGTCP/W/246 
Page 6  
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
as a fourth core principle 
W/214 Switzerland whole paper relevance of core principles for the 
WTO and competition policy, and 
views on integrating the core principles into a multilateral framework by tailoring them to the particularities of competition 
policy 
W/215 India whole paper contras ting interpretations of core 
principles and concerns about the 
practical consequences of incorporating them into a multilateral framework on competition, with special reference 
to transparency and procedural 
fairness 
W/216 India whole paper con cerns about applying core 
principles of trade in a competition policy context, taking account of differences between trade liberalisation and competition policy, with special reference to 
non-discrimination 
pages 1-2 ways to integrate core principles 
into a multilateral framework on competition 
page 2 whether detailed minimum 
standards of core principles are necessary in a competition context 
pages 2-3 the extent and the ways of 
guaranteeing the effective application of core principles 
under a multilateral framework on 
competition, and the role of special and differential treatment 
page 3 whether core principles should 
relate only to hardcore cartels or also to other types of anti-competitive practices W/217 Japan 
page 4 implications of non-discrimination 
for bilateral cooperation 
agreements:  need for an 
appropriate exception  WT/WGTCP/W/246 
 Page 7 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
pages 1-5 non-discrimination:  questions 
relating to de facto discrimination, sectoral exemptions and bilateral/regional cooperation agreements W/218 United States 
pages 5-7 transparency:  questions relating to 
the scope of transparency, the 
protection of confidential 
information and resource implications 
pages 1-5 procedural fairness at the US 
antitrust agencies W/219 United States 
pages 5-10 issues raised by incorporating 
procedural fairness in a multilateral framework on competition 
W/220 South Africa pages 1-6 how the core principles of non-
discrimination, transparency and 
procedural fairness are reflected in 
South African competition law 
W/221 OECD whole paper application of the three principles 
of non-discrimination, transparency and procedural fairness in relevant WTO agreements and in competition law 
and policy:  similarities and 
qualifying considerations 
pages 1-3 the key role of core principles in a 
multilateral framework on competition and the importance of flexibility and progressivity for developing countries 
pages 4-5 non-discrimination: de jure v 
de facto  non-discrimination, 
cooperation agreements and 
market access 
pages 6-7 transparency:  publication and 
notification of competition rules, implications for sectoral exclusions an exemptions W/222 European 
Communities 
pages 7-8 the elements of procedural 
fairness, including "rights of defence" and the protection of WT/WGTCP/W/246 
Page 8  
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
  confidential information 
pages 1-2 concerns of developing countries 
regarding a possible multilateral 
framework, with special reference to core principles W/224 Hong Kong, China 
pages 2-6 concerns of Members without 
horizontal competition laws, and the over-riding importance of flexibility 
W/226 Canada pages 2-4 
 the importance of including core 
principles into a multilateral 
framework on competition, 
without prejudging the substantive scope of national laws and Members' ability to define exclusions 
pages 1-3 China's experience and concerns 
relating to the core principles of 
non-discrimination, transparency 
and procedural fairness W/227 China 
page 3 the importance of special and 
differential treatment as an additional core principle 
pages 9-52 the relationship of competition 
policy to trade and industrial policy:  key concepts, objectives, and trade-offs/complementarities 
with dynamic efficiency and 
economic development W/228 Secretariat 
pages 55-60 resource implications of 
commitments on core principles in a multilateral framework on competition 
pages 3-5 Members' observations on the 
principle of procedural fairness 
pages 5-19 the scope of procedural fairness in 
WTO Agreements W/231 Secretariat 
pages 19-20 beneficiaries of procedural fairness 
safeguards 
W/232 Australia page 4 core principles are the foundation 
of a successful competition 
regime, and should therefore be  WT/WGTCP/W/246 
 Page 9 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
the bedrock of a multilateral 
framework on competition 
W/233 United States passim benefits of peer reviews, including 
in promoting transparency 
W/234 European 
Communities page 4 the intent of a WTO agreement is 
not  to require uniform 
approaches; core principles should not limit the ability of Members' to define the scope and modalities of 
exclusions and exemptions, 
provided they are implemented in a transparent and predictable manner 
W/238 Kenya pages 1-3 the way in which core principles 
would operate in practice in competition policy requires more 
clarification, as it is of critical 
importance for assessing the impact on economic development of a multilateral framework on competition policy 
W/239 Malaysia pages 1-2 core principles should not be 
burdensome for developing 
countries and should provide due 
flexibility for them.  Special and differential treatment is important and should be given more consideration 
passim  the way the core principles would 
operate in practice in the field of competition policy should be 
clarified as it is of critical 
importance in assessing implications for development W/242 Cuba 
passim flexibility is necessary to allow 
each Member to determine when and how to establish competition policy as well as the nature of such 
policy 
W/245 Venezuela pages 1-2 
  more clarification is necessary as 
to how core principles would apply in the context of competition policy, because of their potential implications for economic development WT/WGTCP/W/246 
Page 10  II. CONTRIBUTIONS TO THE WORKING GROUP RELEVANT TO THE SUBJECT 
OF PROVISIONS ON HARDCORE CARTELS 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/17 UNCTAD para. 12 (c) techniques of cartel control 
W/21 OECD passim OECD members' experiences with 
cartels 
W/23 Poland page 1 national institutions lacking means 
to deal with international cartels 
W/28 Singapore paras. 11 and 
15 (b) implications of exemptions for 
import and export cartels 
W/42 Canada page 3 implica tions of exemptions for 
export cartels 
W/43 Turkey pages 3, 4 and 6 necessity of suppression of cartels 
page 5 analysis of horizontal restraints 
page 8 problems of developing countries 
with international cartels W/45 European 
Communities 
page 9 priority for examination of 
hardcore cartels 
W/48 United States page 4 mentioning the OECD 
Recommendation on cartels 
W/51 Canada page 19 interna tional cartels as a key area 
of concern for competition policy 
W/56 Korea page 2 implications of exemptions for 
export cartels 
W/61 European 
Communities page 3 role of competition authorities in 
preventing cartels 
pages 4 et seq.  analysis of cartel cases in 
European law W/62 European 
Communities 
pages 13 et seq.  proposals for WTO discussions on 
cartel issues 
W/66 United States passim experiences with international 
cartels  WT/WGTCP/W/246 
 Page 11 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/70 Canada pages 2-3 examples of enforcement action 
against cartels 
W/71 Czech Republic page 3 export cartels 
W/72 Canada page 5 focus of Canadian authorities on 
cartel cases 
W/78 European 
Communities page 14 benefits of a WTO commitment on 
hardcore cartels 
W/95 Kenya para. 9 (e) significance of cartels in the 
informal sector 
page 1 impact of cartels W/100 Brazil 
page 2 cooperation to prevent cartels 
W/104 Hong Kong, China para. 13 ex emption of export cartels from 
competition law in some countries 
page 2 role of competition policy in 
addressing hardcore cartels W/108 Japan 
page 3 cooperation between national 
competition authorities as an 
essential tool in the fight against hardcore cartels 
W/115 European 
Communities pages 5 et seq.  implications of exemption of 
export cartels from national competition laws 
page 5 cooperation agreements and 
control of cartels W/116 United States 
page 7 reference to the OECD 
Recommendation on Hardcore Cartels 
paras. 8 and 16 desirability of prohibition of 
hardcore cartels W/117 Switzerland 
para. 12 publication of anti-cartel laws 
W/118 Hong Kong, China para. 9 im plications of exemption of 
export cartels from national 
competition laws WT/WGTCP/W/246 
Page 12  
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
pages 2 and 4 importance of suppressing 
hardcore cartels W/119 Japan 
page 4 exemption of export cartels 
W/124 Korea page 3 reference to the OECD 
Recommendation on Hardcore 
Cartels 
W/126 Zimbabwe 
(on behalf of the WTO African Group) page 2 cartels as a priority for developing 
countries in their approach to competition policy 
W/130 European 
Communities page 4 need for provisions on hardcore 
cartels 
W/133 Korea para. 12 feasibility of a common 
understanding on the prohibition of hardcore cartels 
pages 1-2 cartels and development  
(including in domestic markets) W/134 Japan 
pages 2-3 formerly authorized cartels in 
Japan 
W/135 Japan passim impact of cartels on international 
trade 
page 3 impact of international cartels on 
developing countries 
pages 6 and 8-9 cooperation in cartel cases 
page 8 need for agreement of WTO 
Members on hardcore cartels W/140 European 
Communities 
pages 13 et seq.  cartel cases:  examples 
W/141 Hong Kong, China para. 10 (a) relevance of differing approaches 
to export and import cartels among 
WTO Members 
W/143 Trinidad and Tobago page 3 im pact of international cartels on 
small open economies 
W/145 Japan page 4 anti-cartel legislation as priority 
for competition law enforcement  WT/WGTCP/W/246 
 Page 13 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/149 India page 2 potential advantages of cartels as 
reflected in some countries' industrial policies 
W/151 Switzerland pages 2 and 4 anti-cartel provisions necessary on 
a multilateral level 
page 2 importance of anti-cartel law 
enforcement 
pages 5, 7 and 8 feasibility of a multilateral 
framework to address anti-competitive practices W/152 
 European 
Communities 
 
pages 11-12 cooperation and assistance in 
regard to cartels 
W/154 Korea pages 2-3 cartels as a problem for the 
international trading system 
page 2 importance of national rules and 
international cooperation on 
cartels 
page 4 OECD Recommendation on 
Hardcore cartels W/155 Canada 
page 6 common enforcement action as a 
first step of cooperation 
W/156 Japan para. 3 (b) unique added value of a 
multilateral agreement in area of export cartels 
pages 4-5 examples of EC cartel cases as 
argument for international cooperation W/160 
 European 
Communities 
 
page 7 cartel legislation as priority for 
developing countries and for a multilateral agreement 
W/161 Romania pages 1-2 cartels as major topic for 
multilateral agreement 
W/164 United States page 2 anti-cartel law enforcement as a 
priority of antitrust agencies WT/WGTCP/W/246 
Page 14  
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/165 Czech Republic pages 1 and 4 anti-cartel legislation as a priority 
for a multilateral agreement 
W/168 Japan paras. 2 and 
5 et seq.  cartels as a problem for trade and 
development;  examples 
W/173 Canada and 
Costa Rica page 1 provisions addressing cartels/other 
matters in a bilateral free trade agreement 
W/175 European Community passim effects of cartels, development 
dimension 
W/176 Japan paras. 8 et seq.  adverse effects of cartels on 
development 
W/177 Japan passim status of cartel exemptions in 
Japan 
W/179 Trinidad and Tobago page 2 en forcing anti-cartel legislation as 
a priority for small developing economies in the area of 
competition policy 
W/180 Secretariat whole paper information note on the impact of 
mergers and acquisitions on 
domestic companies, with emphasis on the small and medium-sized enterprises sector 
page 3 importance of a universal ban on 
hardcore cartels 
page 5 exchange of information in cartel 
cases W/184 European 
Communities 
page 8 impact of cartels on developing 
countries 
W/185 United States passim importance of anti-cartel 
provisions as component of 
national competition policy 
page 6 domestic provisions on hardcore 
cartels in Korea W/189 Korea 
pages 10-11 recent Korean experience in dealing with cartels  WT/WGTCP/W/246 
 Page 15 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/191 Secretariat whole paper the need for measures to address 
hardcore cartels, including the harm caused to developing countries by such cartels; the nature of the measures called for at 
the national and international 
levels, including in a potential multilateral framework on competition policy 
W/193 European 
Communities whole paper the nature of, and damage caused 
by, international cartels and how a potential WTO agreement could address hardcore cartels 
W/194 Switzerland whole paper  harmful effects of hardcore cartels 
and lessons of Swiss experience 
W/196 Mexico whole paper  Mexican enforcement experience 
with domestic and international 
hardcore cartels 
W/197 UNCTAD page 12  desirability of repeal of 
exemptions for export cartels; need for clarification/elaboration of an exemption for intergovernmental agreements and related 
arrangements having anti-
competitive effects  
W/198 Australia whole paper Australian experience in anti-cartel 
law enforcement and relevance of the OECD Recommendation on Hardcore Cartels as a starting point for discussion of provisions on hardcore cartels in a 
multilateral framework on 
competition policy 
W/200 Korea whole paper potential multilateral rules on 
hardcore cartels:  definition and scope, regulation by Members, flexibility and international cooperation WT/WGTCP/W/246 
Page 16  
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Reference Matters discussed 
W/201 Canada whole paper r easons to address hardcore 
cartels, dimensions of the cartel problem, recent anti-cartel enforcement trends and the potential relevance of the OECD 
Recommendation Against 
Hardcore Cartels for a WTO competition framework 
W/203 United States whole paper issues relating to the definition of 
hardcore cartels and their possible treatment in a multilateral framework on competition policy:   lessons from the development and 
implementation of the OECD 
Recommendation Against Hardcore Cartels 
W/205 Thailand passim the harm caused by international 
cartels and the importance of multilateral commitments to ensure that international cartels are 
not diverted to developing 
countries with weak competition law enforcement 
W/206 Argentina whole paper the importance of avoiding the 
limitation of competition in times of economic crisis:  historical experiences and the situation in 
Argentina 
W/207 OECD whole paper the harm caused by cartels, the 
measures needed to address them  
and issues of implementation: OECD experience and the Recommendation Against Hardcore Cartels 
W/212 Korea page 3 possible WTO notification 
procedures concerning exemptions 
from competition law for cartels 
W/213/Rev.1 Thailand page 2 the importance of avoiding  
exemption of export cartels from 
competition law and preventing their use as a strategic trade tool  WT/WGTCP/W/246 
 Page 17 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/217 Japan page 3 whether core principles should 
relate only to the treatment of hardcore cartels or also to other types of anti-competitive practices 
page 3 concerns of developing countries 
under a possible multilateral framework relating inter alia to 
hardcore cartels W/224 Hong Kong, China 
pages 3-6 concerns of Members without 
horizontal competition laws, and 
the need for flexibility to address those concerns 
page 1 the need for a multilateral 
framework on hardcore cartels and voluntary cooperation W/225 Korea 
page 2 conceptual and practical 
enforcement issues relating to hardcore cartels 
W/226 Canada pages 4-5 importance of a clear ban on 
hardcore cartels and tools to make 
this effective while also providing 
due flexibility:  potential usefulness of guidelines on enforcement powers and penalties in domestic regimes 
pages 60-66 resource implications of 
addressing hardcore cartels in a 
multilateral framework on 
competition  
table III.T2 and pages 79-81 cartel enforcement cases in 
selected developing economies  W/228 Secretariat 
pages 92-98 the effects of private international 
cartels on developing countries 
W/232 Australia page 3 the need for more clarity as to the 
extent to which commitments on hardcore cartels would be binding or non-binding WT/WGTCP/W/246 
Page 18  
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
  page 4 the need for a clear prohibition of 
hardcore cartels within a multilateral framework on competition policy, and for the prohibition to be sufficiently broad 
to include domestic and 
international cartels.  Also addresses the need for a rule-of-reason approach where activity that on its face is anti-competitive may have competitive benefits 
page 1 importance to exclude from the 
definition of hardcore cartels not 
only intergovernmental agreements but also any restrictive business practices related to such agreements W/237 Kuwait 
page 2 need to address mergers and 
acquisitions in a multilateral 
framework on competition policy 
W/238 Kenya page 3  the need for clarification of the 
definition of hardcore cartels and 
the role of the WTO as a venue for international action on hardcore cartels  
W/239 Malaysia page 2 more clarification is necessary on 
the definition of hardcore cartels 
W/241 China pages 1-2 more clarification is necessary on 
certain key issues relating to the definition of hardcore cartels:  
adequate flexibility must be 
provided and the situation of developing countries taken into account.  The issue of export cartel exemptions in developed countries should also be addressed  WT/WGTCP/W/246 
 Page 19 
 
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Reference Matters discussed 
W/245 Venezuela page 2 importance of excluding from the 
definition of hardcore cartels inter-governmental agreements and restrictive trade practices resulting from such agreements.  
Appropriate exclusions should also 
be provided for arrangements to facilitate the attainment of economies of scale by small and medium-sized enterprises WT/WGTCP/W/246 
Page 20  III. CONTRIBUTIONS TO THE WORKING GROUP RELEVANT TO THE SUBJECT 
OF MODALITIES FOR VOLUNTARY COOPERATION 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/48 United States whole paper experience with cooperation 
especially at the bilateral level 
W/116 United States whole paper objectives of cooperation;  
approaches at bilateral, regional 
and multilateral levels 
W/121 Japan pages 1-2 international cooperation 
W/124 Korea  whole paper approaches to cooperation at 
bilateral, regional and multilateral 
levels 
W/125 Australia page 1 appr oaches to cooperation and 
communication among WTO 
Members 
W/126 Zimbabwe 
(on behalf of the WTO African Group) pages 2-3 competition policy and 
development;  role of international cooperation 
W/129 European 
Communities pages 9-13 proposal for cooperation on 
competition policy in the context of the WTO 
W/132 Romania pages 1-2 objectives of cooperation and 
enforcement measures at the 
national and international level 
W/140 European 
Communities pages 7-10 key elements of a multilateral 
framework on competition policy  
and potential benefits for developing countries 
W/143 Trinidad and Tobago pages 2-6 ro le of cooperation at multilateral 
level; concerns of smaller countries 
W/148 Australia pages 2-5 Australia's experience with 
cooperation agreements 
W/151 Switzerland pages 2-6 possible elements of cooperation at 
the multilateral level  WT/WGTCP/W/246 
 Page 21 
 
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/152 European 
Communities whole paper multilateral negotiations;  elements 
of a possible future WTO agreement;  types of cooperation 
W/154 Korea page 2 effects of private anti-competitive 
behaviour and governmental measures;  need for WTO action in this area 
W/155 Canada pages 3-7 c ooperation in a multilateral 
setting 
W/156 Japan pages 2-5 role of international cooperation;  
need for a multilateral agreement 
W/160 European 
Communities whole paper elements of a WTO framework 
agreement 
W/161 Romania paras. 3 and 5 anti-competitive practices; 
progressivity and flexibility in a 
multilateral framework 
W/162 Colombia whole paper anti-competitive practices and 
cooperation in the context of the WTO  
W/165 Czech Republic sections B- C objective of international 
cooperation;  principles for a multilateral framework 
W/167 Japan sections II and 
IV international cooperation on 
competition policy and the WTO; importance for economic 
development 
W/168 Japan whole paper international cartels and WTO's 
role  
W/173 Canada and 
Costa Rica page 2 cooperation on competition policy 
in a bilateral trade agreement  
W/174 Canada pages 2-5 addresses a range of questions 
concerning the nature and benefits 
of cooperation;  including with respect to countries at different stages of development WT/WGTCP/W/246 
Page 22  
Symbol 
(WT/WGTCP/-) Member/ 
Other Source Para./Page 
Reference Matters discussed 
W/175 European 
Communities whole paper elements and benefits of a WTO 
competition agreement 
W/176 Japan pages 1-3 impact of anti-competitive 
practices on developing countries:  importance of enhanced international cooperation in this context 
W/184 European 
Communities whole paper, 
especially 
pages 2-5 modalities for voluntary 
cooperation in a multilateral 
framework 
W/189 Korea passim international cooperation activities 
W/190 Australia pages 4-5 coope ration agreements concluded 
by Australia, and Australian 
participation in international 
competition fora  
pages 2-4 the need for international 
cooperation in the field of competition law and policy 
pages 4-5 existing cooperation mechanisms W/192 Secretariat 
pages 6-11 discussion of the current proposals 
for modalities for voluntary cooperation on competition law and policy in the framework of the 
WTO 
W/193 European 
Communities pages 6-7 the role of exchange of 
information and cooperation 
regarding hardcore cartels under a multilateral framework on competition 
W/194 Switzerland pages 3-4 reasons why multilateral 
cooperation may be a less burdensome and more appropriate 
tool to fight international cartels 
than bilateral instruments  WT/WGTCP/W/246 
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Reference Matters discussed 
page 2 proposed modalities for promoting 
international cooperation in the field of competition law and policy 
pages 2-3 lessons from the Japan-Singapore 
Economic Partnership Agreement for cooperation between different types of competition regimes W/195 Japan 
pages 3-5 why a multilateral framework for 
cooperation on competition policy 
is needed:  possible dimensions of 
multilateral cooperation ranging from cooperation in support of capacity building through the exchange of information and 
experience to cooperation in 
individual cases 
W/196 Mexico passim the benefits of cooperation  in light 
of Mexico's experience in investigating international cartels  
W/197 UNCTAD page 13 three possible elements to be 
included in a multilateral competition framework with respect to voluntary cooperation:  
(i) negative comity; (ii) positive 
comity; and (iii) rules for the protection of confidential information 
W/199 Australia whole paper the benefits of international 
cooperation in competition law and policy, overview of Australia's 
existing cooperation arrangements 
and issues concerning the exchange of information, including confidential information 
W/200 Korea page 5 the role of voluntary cooperation 
with reference to potential multilateral rules on hardcore cartels 
W/201 Canada pages 5-6 the potential relevance of the 
OECD Recommendation Against 
Hardcore Cartels for enforcement cooperation under a WTO competition framework WT/WGTCP/W/246 
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Reference Matters discussed 
page 2 distinction between capacity 
building and modalities for voluntary cooperation 
role of bilateral cooperation 
arrangements and the voluntary 
nature of cooperation;  ideas for 
developing cooperation among WTO Members, including exchange of information and the role of a possible WTO Competition Policy Committee  
pages 2 and 3 usefulness of bilateral cooperation 
arrangements 
page 3 the meaning of voluntary 
cooperation 
pages 3 and 4 exchange of information W/202 Canada 
pages 4-5 the role of a possible WTO 
Committee on Competition Law 
and Policy 
W/204 United States whole paper the benefits and goals of 
cooperation;  the United States' experience with antitrust cooperation; and issues concerning the role and modalities of voluntary cooperation in a possible 
multilateral framework 
W/205 Thailand whole paper ideas for possible multilateral 
cooperation commitments, 
including notification, mandatory consultation and assistance; issues concerning the exchange of confidential information and the 
importance and implications of 
special and differential treatment in this area  WT/WGTCP/W/246 
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Reference Matters discussed 
W/208 OECD whole paper  general experience with voluntary 
cooperation at the OECD; the 1995 OECD Recommendation Concerning Cooperation Between Member Countries on 
Anticompetitive Practices 
Affecting International Trade: introduction of 'positive comity', together with 'investigatory assistance' to complement the traditional approach of negative 
comity based on notification and 
full and sympathetic consideration of other nations' interests 
W/218 United States pages 4-5 possible implications of the MFN 
principle for bilateral and regional cooperation agreements on competition law and policy 
W/222 European 
Communities page 5 non-discrimination would not  be 
extended to cover existing or 
future competition cooperation 
agreements, including bilateral and regional arrangements 
pages 1-2 concerns of developing countries 
under a possible multilateral framework relating inter alia to 
voluntary cooperation W/224 Hong Kong, China 
pages 2-6 concerns of Members without 
horizontal competition laws, and 
the role of flexibility 
page 1 the need for a multilateral 
framework on hardcore cartels and 
voluntary cooperation W/225 Korea 
pages 3-5 conceptual and practical 
enforcement issues relating to voluntary cooperation, including case-specific cooperation, technical assistance and the 
establishment of a WTO 
Competition Policy Committee 
W/226 Canada page 4 core principles in a multilateral 
framework on competition would facilitate interna tional cooperation WT/WGTCP/W/246 
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Reference Matters discussed 
page 5 importance of international 
cooperation for effectively fighting hardcore cartels   
pages 5-6 delineation of possible modalities 
for voluntary cooperation on competition policy in the WTO, including the role of a WTO 
Competition Policy Committee 
and the importance of voluntary, flexible and evolving cooperation on individual cases 
W/228 Secretariat pages 66-73 resource implications of voluntary 
cooperation under a multilateral framework on competition 
W/232 Australia pages 4-5 c ooperation under a multilateral 
framework should be voluntary, 
the principle of MFN should not 
apply to it, and it should allow for the protection of confidential information 
W/233 United States pages 3-4 international cooperation as a 
desirable outcome that would be encouraged by peer review 
processes 
W/237 Kuwait page 2 merger review should be subject to 
international cooperation under a 
multilateral framework on competition 
W/238 Kenya page 3 proponents should clarify the 
cooperation tools that would be used and the nature of potential obligations, in particular how 
developing countries without 
competition law and competition authorities would benefit from voluntary cooperation arrangements at the multilateral level; danger that voluntary 
cooperation arrangements would, 
in practice, become mandatory for developing countries and yet not guarantee appropriate cooperation by developed countries  WT/WGTCP/W/246 
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W/239 Malaysia page 3 more clar ification is needed of the 
proposals for modalities for voluntary cooperation 
W/241 China pages 2-3 voluntary cooperation in the field 
of competition law and policy should encompass cooperation in the enforcement of competition 
law, technical assistance and the 
encouragement of competition culture 
W/245 Venezuela pages 1-2 necessity and importance of 
international cooperation, including modalities for voluntary cooperation, in the field of 
competition law and policy 
 WT/WGTCP/W/246 
Page 28  IV. CONTRIBUTIONS TO THE WORKING GROUP RELEVANT TO THE SUBJECT 
OF SUPPORT FOR THE PROGRESSIVE REINFORCEMENT OF COMPETITION 
INSTITUTIONS IN DEVELOPING COUNTRIES THROUGH CAPACITY BUILDING 
 
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W/17 UNCTAD pages 3-5 UNCTAD's technical assistance, 
advisory and training programmes on restrictive business practices and competition policy 
W/18 APEC page 4 technical assistance activities in 
the framework of APEC 
W/67 United States paras. 7 and 9 technical assistance programmes 
enable countries with new competition laws to establish an 
effective competition policy as 
soon as possible and "leapfrog" down the learning curve 
W/116 United States section II.B the record of US antitrust 
authorities in providing technical assistance to developing and transition economies 
W/121 Japan section III Japanese experience in providing 
technical assistance in competition 
law and policy 
W/125 Australia page 2 Australian technical assistance on 
competition law and policy issues 
W/126 Zimbabwe 
(on behalf of the WTO 
African Group) sections III-IV the need to consider ways in which 
current levels of assistance might 
be augmented and made more effective through enhanced coordination among relevant agencies 
W/129 European 
Communities sections I.C 
and II.E outline of the main components of 
technical assistance by the 
European Communities and its 
member States, and ways to enhance the methods of providing technical assistance before actual negotiations on a multilateral framework are concluded  WT/WGTCP/W/246 
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Reference Matters discussed 
W/130 European 
Communities sections I.C (a) 
and II potential technical-assistance-
related elements of general and 
case-specific cooperation 
W/137 Mauritius whole paper the special need of small 
developing economies for technical assistance 
W/138 South Africa paras. 4 and 6 pre-negotiating conditions of a 
multilateral framework on competition should include the 
provision of technical assistance 
W/139 New Zealand pages 3-4 provisions relating to technical 
assistance and capacity building in 
the APEC Principles to Enhance Competition and Regulatory Reform  
W/140 European 
Communities sections 2.1, 3.1, 
3.2 and 3.3 the need for technical assistance 
and capacity building in developing countries and 
suggestions for an enhanced and 
more coherent approach to technical assistance and capacity building  
W/142 United States whole paper creating a culture of competition:  
issues involved in establishing an effective antitrust agency, 
including technical assistance and 
capacity building 
W/143 Trinidad and Tobago sections III, IV, 
VII and VIII the role of technical assistance in 
helping small open economies face the challenges in implementing a competition regime 
W/145 Japan section II.D the role of technical assistance in 
reducing the constraints of enforcement resources in 
developing economies 
W/148 Australia sections I 
and IV Australian experience in providing 
technical assistance on 
competition policy and the lessons for building a common understanding in competition policy WT/WGTCP/W/246 
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Reference Matters discussed 
W/151 Switzerland section C the role of technical assistance and 
capacity building in the context of greater coordination between competition authorities 
W/152 European 
Communities pages 3, 4, 6, 7 
and 10-12 in cooperation with other 
international organizations, the WTO could make an important 
contribution towards the 
development of an enhanced and better co-ordinated approach to technical assistance in the field of competition 
W/154 Korea para. 4 (3) capacity building through 
enhanced technical assistance 
could help address competition 
problems at the multilateral level  
W/155 Canada section IV:A technical assistance to developing 
and emerging economies would be part of a first, educative phase of work leading to a multilateral framework on competition 
W/156 Japan para. 2 (b) suggested priorities in the 
provision of technical assistance 
W/158 Croatia para. 4 the efforts of the Croatian 
competition authority in the 
context of technical cooperation 
W/159 Australia paras. 11-14 importance of a phased approach 
to competition policy 
implementation and the importance of technical assistance and capacity building in a multilateral framework 
W/160 European 
Communities para. 4 a WTO framework on competition 
policy could facilitate the design 
of more coherent and multi-year 
technical assistance programmes already before the adoption of such framework  WT/WGTCP/W/246 
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Reference Matters discussed 
W/161 Romania page 3 technical assistance in competition 
policy provided to Romania and the important potential benefits of a multilateral framework on competition as regards technical 
assistance 
W/162 Colombia para. 4 the contribution of a multilateral 
framework on competition to 
technical assistance and cooperation 
W/164 United States whole paper administering a competition law 
and policy:  the mechanics of setting and pursuing policy goals with finite resources 
W/165 Czech Republic section C.5 an y discussions and subsequent 
negotiations on a framework 
should be complemented with 
considerations of a common strategy regarding technical assistance to developing countries 
W/167 Japan whole paper the needs of developing countries 
and an international framework of cooperation in the WTO 
W/169 Uruguay pages 3-5 devel opment dimension and S&D 
in a multilateral framework; 
importance of comparative law 
perspective 
W/175 European 
Communities para. 1 (c) a WTO competition agreement 
could play a catalytic role in promoting an enhanced and better-coordinated approach to technical assistance 
W/177 Japan page 1 progressivity and flexibility in a 
multilateral framework 
W/179 Trinidad and Tobago page 2 progressivity in developing a 
competition regime should entail 
technical assistance WT/WGTCP/W/246 
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Reference Matters discussed 
W/181 and Rev.1 Romania whole paper challenges facing competition 
authorities in the context of capacity building and technical assistance 
pages 3-5 the need for, and importance of, 
capacity building in developing countries 
pages 5-9 strategies for building effective 
competition policies and agencies 
in developing countries 
pages 9-11 design and delivery of capacity 
building activities W/182 Secretariat 
pages 11-16 views expressed in the Working 
Group regarding the importance of capacity building as an element of a possible multilateral framework 
W/183 Canada page 4 two principles for technical 
assistance with regard to competition policy (the concept of economic efficiency and the 
protection of competition as a 
process, not competitors) 
W/184 European 
Communities pages 6-8 ways to achieve more specific and 
targeted support for competition authorities in developing countries:  the need for improved coordination and cooperation and 
the potential catalytic role of a 
multilateral framework in this area 
W/185 United States whole paper lessons from the United States' 
experience in providing technical assistance in the field of competition policy:  the pros and cons of long term advisors, short 
term missions and 
internships/study visits 
W/186 Japan whole paper technical assistance experiences of 
Japan and APEC:  importance of a need-based approach responding to the circumstances of individual beneficiaries  WT/WGTCP/W/246 
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Reference Matters discussed 
W/187 Egypt whole paper proposed capacity building 
activities to address the institutional development needs of developing countries and for the effective implementation of 
competition policy 
W/188 Thailand whole paper the experience of Thailand:  
implications for the capacity 
building and technical assistance needs of developing countries 
pages 2-4 technical assistance provided by 
the Korean competition authority for developing countries, and future directions of the Korean 
technical assistance programme W/189 Korea 
pages 4-14 Korean experience with the 
introduction and implementation 
opf competition law and policy 
pages 1-3 Australian experiences in 
providing technical assistance  W/190 Australia 
pages 4-7 Australian participation in 
international competition fora 
W/195 Japan pages 3-4  multilateral cooperation in support 
of capacity building as well as general exchange of information and experience as possible elements of voluntary cooperation 
W/197 UNCTAD page 14 need for long-term assistance to 
build a competition culture, adopt 
relevant laws and build the 
necessary enforcement capacity, to be complemented by short term assistance to evaluate the implications of a possible 
multilateral competition 
framework 
W/202 Canada page 2 the in terrelation of cooperation 
and capacity building WT/WGTCP/W/246 
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Reference Matters discussed 
W/211 Australia page 7 summary of recent Australian 
technical assistance and capacity building activities in the area of competition law and policy 
W/212 Korea passim the importance of giving special 
consideration and technical assistance to developing countries 
in the implementation of core 
principles in their national competition laws 
W/222 European 
Communities passim the importance of technical 
assistance and capacity building in the implementation of core principles in developing countries 
W/223 and Rev.1 European 
Communities whole paper technical assistance programmes 
and projects provided by the 
European Community and its 
member States in the field of trade and competition policy 
W/225 Korea page 4 the role of technical assistance as 
an element of voluntary cooperation 
W/228 Secretariat pages 73-101 evidence of the benefits of tackling 
anti-competitive practices in developing economies 
W/229 European 
Communities page 7 role of peer review in a WTO 
Competition Policy Committee in 
identifying and helping to address 
technical assistance and capacity building needs 
W/230 Secretariat whole paper Secretariat technical assistance 
activities pursuant to paragraph 24 of the Doha Ministerial Declaration:  design and content of 
workshops and symposia and 
cooperation with other intergovernmental organizations 
W/232 Australia pages 6-7 recent technical assistance 
activities of Australia on competition policy  WT/WGTCP/W/246 
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Reference Matters discussed 
W/233 United States pages 1-3 benefits of peer review in 
facilitating learning through sharing of experience and expertise and contributing to the capacity building objectives of the 
Doha mandate 
W/234 European 
Communities page 6 the need for adequate technical 
assistance and capacity-building to 
support the progressive implementation of a multilateral framework on competition 
W/235 Korea page 2 benefits of peer review in 
facilitating the sharing of information and experience and 
capacity building  
W/236 Japan passim the contribution of peer review to 
facilitating the sharing of 
information and experience and capacity building 
W/239 Malaysia page 2 importa nce of technical assistance 
and capacity building as a prerequisite for effectively fighting hardcore cartels:  necessity of non-
time bound cooperation 
W/241 China pages 2-3 central importance of capacity 
building and the construction of 
competition culture in relation to a multilateral framework on competition policy 
W/243 OECD passim the benefits of peer review for 
capacity building and the need for assistance to be provided to 
developing and least developed 
countries being reviewed  
W/244 OECD pages 7-8 experience regarding the 
contribution of existing peer review mechanisms to technical assistance and capacity building:  potential for peer review under a multilateral framework to provide 
similar benefits 
__________ 