RESTRICTEDWORLD TRADE
ORGANIZATIONWT/WGTCP/W/182
17 April 2002
(02-2134)
Working Group on the Interaction
between Trade and Competition Policy
SUPPORT FOR PROGRESSIVE REINFORCEMENT OF COMPETITION
INSTITUTIONS IN DEVELOPING COUNTRIES THROUGH CAPACITY BUILDING
Background Note by the Secretariat
I. INTRODUCTION
1. This note has been prepared in response to a request by the Working Group during the
informal meeting that was held on 26 February 2002 that the Secretariat prepare a set of background
papers based on the discussions held and materials considered in the previous work of the Group.  Thepapers are to deal, respectively, with each of the four substantive elements that are contained in
paragraph 25 of the Doha Ministerial Declaration, namely:  (i) core principles, including transparency,
non-discrimination and procedural fairness; (ii) provisions on hard-core cartels; (iii) modalities for
voluntary cooperation; and (iv) support for progressive reinforcement of competition institutions in
developing countries through capacity building.
2. The present note deals with the fourth subject mentioned above, namely support for
progressive reinforcement of competition institutions in developing countries through capacity
building, which is to be the subject of focused attention at the Working Group's meeting to be held on
2324 April 2002.  The aim of the note is to provide a synthesis of the issues raised and points made by
Members on the topic.  It has been prepared on the basis of the Working Group's annual reports,
which in turn rely upon the minutes of the Group's meetings and on written submissions by Members
to the Group.  In addition, where appropriate, supplementary references are made to two reportsprepared by the Secretariat on the Regional Workshops on Competition Policy, Economic
Development and the Multilateral Trading System that were held in Phuket, Thailand and in
Cape Town, South Africa in 2000 and 2001, respectively (at the request of Members, the reports were
made available for consideration by the Working Group at its meetings on 2-3 October 2000 and
5-6 July 2001, respectively).
1  The Annex contains a list of references to relevant sections of the
Working Group's annual reports,2 relevant submissions made by Members to the Working Group and
the reports in the Regional Workshops in Thailand and South Africa.
3. The issue of support for progressive reinforcement of competition institutions in developing
countries through capacity building has been regularly discussed in meetings of the Working Group.
The issue has been raised under various agenda items in relation to meetings held in 1998, 1999, 2000and 2001 and has been the subject of focused discussion under the agenda item, "Approaches to
                                                     
1 See WT/WGTCP/M/12, para. 17 and WT/WGTCP/M/15, para. 52.
2 All references to "Reports" in this note are re ferences to Reports of the Working Group on the
Interaction between Trade and Competition Policy to the General Council.WT/WGTCP/W/182
Page 2
promoting cooperation and communication among Memb ers, including in the field of technical
cooperation", in meetings held in 1999, 2000 and 2001.3
4. At the outset, it should be noted that the te rm "capacity building" has been used somewhat
interchangeably in the Working Group with the terms "technical assistance", "technical cooperation"
and "institution-building".  Generally speaking, the various terms are understood to involve assistancewith the drafting of legislation, the implementation of  competition laws, the training of staff and other
activities aimed at the creation and reinforcement of effective competition institutions.  Comments
and views relating to all of the above-mentioned terms are referred to below insofar as they are
relevant to the issue of "support for progressive reinforcement of competition institutions in
developing countries through capacity building".
5. It may also be noted that the subject-matter of this note, namely support for progressive
reinforcement of competition institutions in developing countries through capacity building as it isreferred to in paragraph 25, is distinct from the technical assistance and capacity building activities
which are referred to in paragraph 24 of the Doha Ministerial Declaration.  The latter are intended to
commence immediately and to have a focus on "enhanced support for technical assistance and
capacity building in this area, including policy an alysis and development so that [Members] may
better evaluate the implications of closer multilateral cooperation for their development policies andobjectives, and human and institutional development".  The former, in contrast, is presented as an
element for clarification by the Working Group and focuses on support for progressive reinforcement
of competition institutions in developing countries.
6. In addition, a distinction should be drawn betwee n the third substantive element referred to in
paragraph 25 of the Doha Ministerial Declaration, namely modalities for voluntary cooperation, andthe fourth element which is the subject of this note.  This note, therefore, does not address case-
specific cooperation between competition agencies, for example in the form of the exchange of
information relating to particular cases.  Nonethel ess, to some extent, the two elements may overlap
and reinforce each other, as is pointed out in Part V.B, below.
7. The remainder of this note is divided into four sections that deal, respectively, with:
- The need for and importance of capacity building in developing countries in the
competition policy area.  In this section, reference is made to factors that have
emphasised the need for capacity building, including the increasing prevalence of
international anticompetitive practices, the relationship between capacity building and
the realization of gains from market reforms such as deregulation and privatization,
the complexity of the area of competition policy, and the need to ensure broad
political support for competition policy to avoid under-investment in relatedinstitutions;
- Strategies for building effective competition policies and agencies in developing
countries.  This section discusses the process of establishing an effective competition
policy.  Reference is also made to specific capacity building needs that have been
identified as being necessary for the esta blishment and strengthening of competition
institutions in developing countries.  Bilateral and regional capacity building
activities as well as those engaged in by various international organizations are
referred to;
                                                     
3 See Annex for specific references in the annual re ports of the Working Group to paragraphs where
matters relevant to the issue of support for progressive reinforcement of competition institutions in developing
countries through capacity building have been raised.WT/WGTCP/W/182
Page 3
- The design and delivery of capacity building activities.  This section refers to
suggestions that have been made with regard to the design and delivery of capacity
building activities to ensure their optimal contribution to the strengthening of relevant
institutions;
- Views expressed in the Working Group regarding the importance of capacity building
as an element of a possible multilateral framework, including possibilities for
enhanced cooperation and coordination of capacity building activities at the
multilateral level. This section refers to points made on relevant aspects of proposals
made for the development of a multilateral framework on competition policy, namely
the provision of enhanced support for the progressive reinforcement of competition
institutions in developing countries through capacity building and the concepts of
progressivity and flexibility in relation to the approach or methodology employed indeveloping and implementing a competition regime.  Reference is also made to points
made on proposals for the inclusion of elements regarding modalities for case-
specific cooperation and a peer review mechanism insofar as these elements interface
with the capacity building element.
II. THE NEED FOR AND IMPORTANCE OF CAPACITY BUILDING IN
DEVELOPING COUNTRIES
8. Members have touched upon the importance of capacity building in developing countries at
several meetings of the Working Group.  In particular, reference has been made, on the one hand, to
the importance for economic development of an effective competition policy, especially in a world of
increasing economic interdependence and given the adoption in many countries of policies of greaterreliance on markets, including trade liberalisation, deregulation and privatization, and, on the other
hand, to the absence of or the under-developed state of competition policies and competition
institutions in many developing and transition countries.
9. The relationship between competition policy and economic development has been discussed
at many meetings of the Working Group and has been the subject of a synthesis paper by theSecretariat.
4  Views have been widely expressed that an effective and well-established competition
policy can make a significant contribution to economic development.5  However, some Members have
said that it is important that competition policy be adapted to each country's situation and stage of
development; there is a risk that ill-designed policies could adversely impact upon a country's
international competitiveness and, consequently, upon economic development.6
10. The view has been expressed in the Working Group that, given the increasingly globalized
economic environment, countries are more exposed to international anticompetitive practices.  It hasbeen suggested that the strengthening of relevant institutions and the expansion of possibilities for
                                                     
4 Secretariat Paper on the Relationship of Trade and Competition Policy to Development and Economic
Growth  (WT/WGTCP/W/80).
5 In particular, the point has been made that an effective competition policy can promote the efficient
allocation of resources; it may assist countries to addre ss anti-competitive practices of enterprises, particularly
those that impact upon international trade; and can increase an economy's ability to attract foreign investmentand to maximize the benefits of such investment. See (WT/WGTCP/W/80), Section II; Report (2001), paras. 24,
39, 42, 62 and 103; Report (1999), paras. 23, 70 and 83; Report (2000), paras. 17, 18, 21 and 95; Report (1998),
Section C.I(b).  See also Contribution by Zimbabwe on behalf of the African Group (WT/WGTCP/W/126).
6 Report (2001), paras. 36, 72, 78; Report (2000), para. 26, 73; Report (1999), para. 30.  For example,
the point has been made that certain monopolies can play an important role in the development process and that,before the benefits of competition can be realized, sufficient supply capability must be present in an economy.Reference has also been made to the social and economic dislocation that can be caused by a transition to a
competition-based economy:  Report (1998), para. 37.  See also Report (2000), para. 31.WT/WGTCP/W/182
Page 4
international cooperation based on enhanced capacity building programmes are needed to ensure that
effective competition policies and institutions are established so that such practices can be addressed.7
11. The importance of building or reinforcing competition laws and institutions side-by-side with
the implementation of policies aimed at greater reliance on market mechanisms, including trade
liberalisation, deregulation and privatization, has been discussed.  The point has been made thateffective competition policies and institutions can play a role both in helping ensure, through
advocacy activities, the pro-competitive design of such market-opening policies and in helping
prevent, and provide remedies for, any increased risk of anti-competitive business practices that might
result.
8 The point has been made that it is important to address anticompetitive practices at an early
stage given that monopolies and other anti-competitive tendencies tend to become well-entrenched if
inadequate instruments exist to address them.9
12. The view has also been expressed that technical assistance in the area of competition policy is
increasingly needed in developing and transition countries given the complex and technical nature of
the area10 and the limited financial and human resources that are available.11  The point has also been
made that capacity building programmes can enable countries with new competition laws to establish
an effective competition policy more quickly than they otherwise would be able to and to "leapfrog"
down the learning curve.12  The view has been expressed that the need for capacity building in the
competition policy area is all the more pronounced in light of the fact that a large number of
developing countries still lack competition laws and agencies or are at early stages in relation to their
introduction.  In these circumstances, it is necessary to ensure that Members have access to the
expertise and assistance needed to craft laws that are suitable to their level of development and market
structures.13  Assistance is also needed in cases where countries have adopted laws but lack
experience in the area.14
13. The importance of capacity building in ensuring that the area of competition policy is
accorded the necessary degree of political support has also been discussed in the Working Group.  In
particular, the point has been made that there may be a lack of political will and support at top levels
of government for competition law and policy, due largely to a lack of appreciation of the place ofcompetition law in economic development.
15  The related point has also been made that a situation of
"political market failure" may exist, meaning that, despite its positive effects on welfare, competition
policy is not supported by strong constituencies.  As a result, there may be a continuing tendency
                                                     
7 Report (2001), para. 13.  The point has also been made that such assistance is urgently needed if
countries are to be appropriately integrated into  the regional and global economies: WTO Cape Town
Workshop, Remarks by Mr. Mwansa James Musonda (COMESA) on "Enhanced technical assistance andcooperation:  priorities for the effective implementation of competition policy in Africa", page 24.
8 Report (2000), para. 101.
9 Report (2001), para. 42.
10 Contribution of South Africa (WT/WGTCP/W/138); Contribution of Japan (WT/WGTCP/W/121),
Section III.  The point has also been made that highly developed capacity, expertise and institutions are neededto effectively implement competition policy and to administer relevant regulations: WTO Thailand Workshop,Concluding remarks by Mr. Mark Steel (Director, Competition and Enterprise Branch, Ministry of Commerce,
New Zealand), page 42.
11 Report (2000), para. 27; Report (1998), para. 51; Contribution of Japan (WT/WGTCP/W/121),
Section III.
12 Contribution of the United States (WT/WGTCP/W/67), para. 7.
13 Report (2001), para. 43.  See also Report (2000), para. 64.
14 Report (2001), para. 82.
15 Report (2001), para. 41.WT/WGTCP/W/182
Page 5
toward under-investment in competition policy and related institutions, relative to their contribution to
economic welfare.16
14. As for the benefits associated with capacity building, the view has been expressed that they
are likely to exist on both the donor and recipient sides.  On the one hand, developing countries would
welcome technical assistance for setting up their competition regimes because this would help themensure efficient competition in their markets and the protection of the consumer.  On the other hand,
through the provision of technical assistance, competition agencies from developed countries would
increase their sensitivity to conditions and concerns in other countries.
17
III. STRATEGIES FOR BUILDING EFFECTIVE COMPETITION POLICIES AND
AGENCIES IN DEVELOPING COUNTRIES
15. At a number of meetings of the Working Group, discussions have taken place regarding the
process of establishing effective competition policies and agencies in developing countries. As apreliminary point, the issue has been raised as to whether an effective competition policy necessarily
entails enactment of a competition law and establishment of competition agencies.  In addition to
explaining the process of establishing an effective competition policy, reference has also been made
by Members of the Group to specific capacity building needs that are considered necessary for the
establishment and strengthening of competition institutions in developing countries.  Finally, efforts atthe bilateral and regional levels as well as capacity building activities engaged in by various
international organizations that are aimed at building effective competition policies in developing
countries have been referred to.
A.
THE RELATIONSHIP BETWEEN COMPETITION POLICY AND COMPETITION INSTITUTIONS
16. There has been discussion in the Working Group on the issue of whether a competition law
and a competition agency are necessary for an effective competition policy.18  On the one hand, the
point has been made that a country can have an effective competition policy without necessarily
adopting a comprehensive competition law.19  It has been suggested that this can be achieved through
an open trade and investment regime and a general absence of government intervention coupled with
sectoral and other measures to deal with particular problems where required.20  Further, the point has
been made that a country does not need to have a competition or antitrust law or agency in order to
have an effective competition advocacy programme.21  On the other hand, competition law may be
used, amongst other things, to promote of efficient allocation of resources and to effectively address
anti-competitive practices of enterprises.22  The view has also been expressed that some kind of
administrative authority would normally be required, for example, to address the practical needs of
international cooperation in competition policy.23
17. Notwithstanding the foregoing discussion regarding whether or not a competition law and a
competition agency are necessary for an effective competition policy, most of the discussion in the
Working Group has focused on the process of establishing and reinforcing competition institutions.
Therefore, this note focuses on the latter aspect of the discussion in the Group.
                                                     
16 Report (1999), para. 59.
17 Report (1999), para. 43.
18 For further discussion regarding proposals for the possible inclusion of a requirement for countries to
adopt a national competition law under a WTO multilateral framework, see Part V.B below.
19 Report (2001), para. 80.
20 Report (2001), para. 80; Report (2000), para 19.
21 Report (2000), para. 78.
22 Secretariat Paper on the Relationship of Trade and Competition Policy to Development and
Economic Growth (WT/WGTCP/W/80), Section II.
23 Report (2000), para 19.WT/WGTCP/W/182
Page 6
B. THE PROCESS OF ESTABLISHING EFFECTIVE COMPETITION AGENCIES IN DEVELOPING
COUNTRIES
18. The process of establishing effective competition agencies in developing countries has been
described in various meetings of the Working Group.  Discussions in the Group and related
submissions by Members indicate that this process has a number of inter-related dimensions,including:
- crafting a competition law appropriate to the country's economic circumstances and
legal environment;
- establishing the competition agency's priorities;- building the competition agency, including recruitment and training of staff,
development of case handling procedures, etc.; and
- developing a competition culture, including through relevant public education
activities.
19. In relation to the crafting of an appropriate co mpetition law, the point has been stressed in the
Working Group that countries may not wish to adopt provisions dealin g with all substantive areas that
could be the subject of a competition law when they first implement the law.
24  In particular, the point
has been made that countries may not wish to a dopt provisions dealing with mergers, which are a
particularly technically complex aspect of competition law.25
20. As concerns the related issue of the establishm ent of agency priorities, the suggestion has been
made in the Working Group that a phased approach to the implementation of competition policy may be
appropriate.   Under this approach, a national comp etition authority could first focus on the suppression
of horizontal cartels (the most unambiguously harm ful type of enterprise practice) and on basic
competition advocacy activities relating to essential ma rket reforms.  After gaining adequate experience
in these areas, it could then take on additional res ponsibilities for matters such as merger review and
dealing with anti-competitive vertical restraints.  In the last stage, it could take on more sweeping
responsibilities for competition advocacy activities re lating to all aspects of the interplay between
competition policy and regulation.26 The view has been expressed that the agency's priorities will have
to be identified while a competition agency is being established.27  These priorities will depend on
factors including available financial and personnel resources, the state and structure of the country's
economy and the legal system prevailing in that country.28  The view has also been expressed that the
competition authority should take on an active competition advocacy role during the very early stages
of economic development.  Further, the view has been expressed that since developing countries face
special challenges with respect to establishing  free markets, effective competition advocacy is
essential in overcoming such challenges.  Consequently, it has been suggested that it is critical to
confer full authority on the competition agency to  allow it to serve as an effective competition
advocate.29  The view has also been expressed that th e establishment and preservation of independence
                                                     
24 Report (2001), para. 32.
25 Report (2001), para. 32; Report (1998), para. 52. See also Contribution by Trinidad and Tobago
(WT/WGTCP/W/179), page 1.
26 Report (1998), para. 51.
27 Contribution of the United States (WT/WGTCP/W/164).
28 Contribution of the United States (WT/WGTCP/W/142), para. 3.
29 Report (2000), para. 103.WT/WGTCP/W/182
Page 7
of agencies from the domestic political process, a key consideration in framing an agency's activities in
its early stages, might be undercut if the agency is too broadly focused in its advocacy efforts.30
21. With respect to building the competition agency, the view has been expressed that some key
steps will include securing appropriate physical prem ises and equipment, recruitment and training of
agency staff, and development of internal procedur es relating to investigations, referral of cases for
prosecution, etc.31  The point has also been made that the most important factors underpinning the
development of successful national competition inst itutions are technical competence, credibility and
independence, each of which are strongly related to the others.  Technical competence of lawyers,
economists and other staff, including investigators, who are employed by the competition body has to
be developed at an early stage so that powerfully resourced companies can be effectively and
expeditiously dealt with.  A dedication to training and the development of skills is imperative to
develop the necessary technical capacity in the medium to long term.32  The key ingredients required
to build credibility involve the development of, first, a reputation for technical competence and
second, a reputation for independence.33  Credibility could be enhanced through nurturing a consumer
movement, which could be achieved through advocacy work, openness and transparency of
procedures and decisions, publication of decisions and through working with and educating the
media.34  It could also be enhanced through a track record of enforcement activity.35  F i n a l l y ,  t h e
independence of agencies can be reinforced through legislative provisions that prohibit the ability to
override or veto competition authority decisions and that also ensure the separation of  investigative
and adjudicative activities and/or bodies.36 The view has been expressed that the effectiveness of
competition law and policy depends heavily on adherence to and respect for the rule of law.  This, in
turn, depends on high standards of fairness and transparency in judicial and law enforcementprocesses.
37
22. The point has also been made that the activities engaged in by competition institutions should
seek to create a culture of competition so as to assist the effective implementation and enforcement of
a competition policy.38  The view has been expressed that building a "competition culture" involves a
process of public education to facilitate acceptance of  competition policy principles as a central element
of national economic policy, both politically and within the national business community.  This could be
facilitated by:  (i) developing allies in governme nt, in the business sector and among consumers or
consumer groups;  (ii) giving speeches that de monstrate to consumers the savings obtained from
enforcement actions;  and (iii) other measures th at enhance transparency and public understanding of
competition policy rules and decisions, including media contacts to help publicize important case
developments.  The view has also been expressed that competition advocacy will allow the gradual
increase of resources (i.e. funds and personnel) to be allocated to the implementation of competitionpolicy and to the enforcement of the competition laws.
39  Further, the problem of "political market
                                                     
30 Report (1998), para. 51.
31 Contribution of the United States (WT/WGTCP/W/142), para. 2; Contribution of the European
Community and its Member States (WT/WGTCP/W/140), para. 2.
32 Contribution of the European Community and its Member States (WT/WGTCP/W/140), para. 2.
33 Report (1998), para. 51; Contribution of the United States (WT/WGTCP/W/142), para. 2; WTO
South Africa Workshop, Remarks by Mr.  David Lewis (Chairperson, Competition Tribunal of South Africa) on"Building effective competition institutions in African economies:  lessons from the South African experience,"
page 16.
34 Report (1998), para. 39.
35 Report (1998), para. 36.
36 Contribution of the United States (WT/WGTCP/W/142), para. 2; WTO South Africa Workshop,
Remarks by Mr.  David Lewis (Chairperson, Competition Tribunal of South Africa), page 16.
37 Report (1998), para. 53.
38 Report (2001), para. 80; Report (1999), para. 61; Contribution of the United States
(WT/WGTCP/W/142), para 3.
39 Contribution of Japan (WT/WGTCP/W/145), Section II.D.WT/WGTCP/W/182
Page 8
failure" could be remedied through competition advocacy.40 The point has also been made that the
building of a culture of competition requires vigo rous enforcement activities in appropriate cases, to
underscore the message that rules regarding anti-competitive practices must be respected.41
C. SPECIFIC CAPACITY BUILDING NEEDS RELEVANT TO THE STRENGTHENING OF COMPETITION
INSTITUTIONS THAT HAVE BEEN IDENTIFIED IN THE WORKING GROUP
23. Specific capacity building needs that are consider ed to be necessary for the establishment and
reinforcement of competition institutions in developing countries have been identified during
Working Group meetings as well as during the WTO Workshop in Thailand.  In particular, capacity
building needs have been identified with respect to:
- drafting a competition law which is well-suited to the institutional capacity of the
country in question;42
- establishing an effective domestic competition authority through appropriate
technical training; 43
- putting in place transparent, rules-based enforcement and adjudicatory institutions
and processes that would enjoy a high degree of public understanding, acceptance andsupport;
44
- building institutional credibility, including through the development of competition
advocacy programmes (for example, seminars and workshops for government
officials, producers and consumers);45
- creating an institutional memory, including through the establishment of information
databases which would lead to a more sustainable building of capacity;46 and
                                                     
40 Report (1999), para 59.
41 Report (1998), para. 53. The point was also made at the WTO Workshop in Thailand that the process
of establishing the correct policy design, including institutional structure and administrative capacity, may last for a
period in the order of 3-5 years.  It was suggested that this follows from the fact that competition law and policyhas to be designed and implemented to take into accoun t country-specific characteristics and capabilities and that,
therefore, the approaches and instruments that are a pplied in more advanced countries cannot simply be
transplanted to other economies.  Nevertheless, the point was made that the core principles of competition policy
aimed at preventing anti-competitive behaviour such as price-fixing, bid-rigging and other forms of collusion along
with the abuse of dominance by large firms are necessary regardless of the stage of economic development of a
country and will, therefore, be an important focus of capacity building activities: WTO Thailand Workshop,Remarks by Dr. R. Shyam Khemani (World Bank), "The role of competition policy in the development process:recent experience of the World Bank in Asia," page 11.
42 Report (2000), para. 63.
43 Report (2000), para. 63.  Specific reference has been made to training of all those charged with the
implementation of competition policy including investigators, regulators and judges as well as non-government
officials; training in data and evidence collection; and ad vice and training with respect to internal procedures,
including transparency, accountability and participation so as to ensure the neutrality, impartiality and fairness
of the competition body.  Reference has also been made to the need to enhance the capacity of competitionauthorities to deal with complex cases, in particular those that have international dimensions.
44 Report (1998), para. 39.
45 Report (2000), para. 64; WTO Thailand Workshop, Remarks by Dr. Deunden Nikomborirak,
(Research Specialist, Thailand Development Research In stitute) on "What are the specific needs of developing
countries implementing competition laws in the area of technical cooperation and how can these best beaddressed," page 30.
46 Report (2000), para. 64; WTO Thailand Workshop, Remarks by Dr. Deunden Nikomborirak,
(Research Specialist, Thailand Development Research Institute), page 30.WT/WGTCP/W/182
Page 9
- providing competition officials with opportunities for enhancing their experience in
the area, including through scholarships for further training, internships and agency
exchanges.  These  needs have been referred to as being particularly necessary for
smaller developing countries, including island countries.47
D. CAPACITY BUILDING ACTIVITIES AT THE BILATERAL AND REGIONAL LEVELS
24. Reference has been made in the Working Group to capacity building activities at the bilateral
and regional levels. Bilaterally, established competition agencies from some countries have provided
extensive assistance to countries engaged in the process of implementing a competition regime on
issues ranging from drafting new laws and amendments to case-specific analysis.48  It has also been
noted that regional seminars, whether organized by bilateral donors, regional associations ormultilateral organizations, enable competition offici als to become familiar with and gain confidence
in their counterparts from other countries, thereb y contributing to the formation of human networks.
49
Reference has also been made to regional arrangements which have established procedures for
reciprocal consultations and technical assistan ce such as MERCOSUR and to the capacity-building
activities of COMESA.  The point has been made that in addition to being an important source of
expertise, the close links that have been forged between competition agencies through such
arrangements have had a positive impact in facilitating convergence on common standards in the
relevant regions.50
E. THE ROLE OF OTHER MULTILATERAL ORGANIZATIONS IN THIS AREA
25. As has been noted on many occasions in the Working Group, other international
organizations, in particular UNCTAD, the OECD and the World Bank, have significant technical
assistance programmes and make important contributions to capacity building in the field of
competition law and policy.51  Information on their activities has been presented in the Working
Group at various times.52  The point has been made in the Working Group that, in view of the more
extensive resources and experience of these organizations in the field of competition law and policy,capacity building activities undertaken in the fram ework of the WTO should draw effectively on the
resources and strengths of these other organizations, to the extent feasible given their own priorities
and constraints.
53
IV. DESIGN AND DELIVERY OF CAPACITY BUILDING ACTIVITIES
26. Various suggestions have been made during Working Group meetings as well as during the
WTO Workshops in Thailand and South Africa regarding the possible design and delivery of capacity
                                                     
47 Report (2000), para. 64. See also Contribution by Trinidad and Tobago (WT/WGTCP/W/143),
Section 3.
48 Report (1999), para. 43.
49 Report (1999), para. 47.
50 Report (1998), para. 69.  APEC also has a substantial work programme on competition policy which
promotes capacity building while recognizing the diverse circumstances and policy environments of individualAPEC economies: WTO Thailand Workshop, Remarks by Mr. Mark Steel (Director, Competition andEnterprise Branch, Ministry of Economic Development, New Zealand), page 23.
51 Each of these organizations has made valuable contributions to the capacity building activities that
have been organized to date by the WTO Secretariat (i.e., the regional workshops organized for Asian and
African Members and observers and symposia for Geneva delegates), through the contribution of speakers andother resources, and to the work of the Working Group itself.
52 Report (1998) paras. 81, 97, 106, 112, 123, 135; Report (1999), paras. 38, 48, 49, 50, 65, 85; Report
(2000), paras. 66, 96, 97, 98; Report (2001), paras. 47, 83, 86, 94.
53 Report (2001), para. 85.WT/WGTCP/W/182
Page 10
building activities in the competition policy area so as to ensure the effective provision of technical
assistance.
27. Specifically, the view has been expressed that the modalities of technical assistance in the
competition policy area should be related to the stage of development of competition law in the
recipient country.54  In this regard, it has been noted that the more than 80-90 countries having, or in
the process of introducing competition laws are at many different stages in their institutional
development.55  The view has been expressed that, therefore, technical assistance should take account
of differences such as those relating to resource endowments and degrees of institutional
development.  Further, the view has been expresse d that to be effective, technical cooperation has to
be tailored and country-specific.56
28. A related point was made during the WTO Workshop held in South Africa that, while it is
important to adapt national laws to suit the relevant  economic, social, cultural and economic context, the
experience of both developed countries and other developing countries is relevant to building strong
competition institutions in developing countries.  The view was expressed that developed countries
can help to enhance capacity through training and technical and financial assistance and can also
provide guidance for policy implementation.  The experience of other developing c ountries is also a
useful point of reference, particularly in cases where they have already adopted competition law and
policy, especially with regard to the key problems to be addressed.57
29. The view has also been expressed that it is important that assistance with capacity building be
provided on a country-by-country basis and be demand- driven.  It has been suggested that this would
better ensure that such assistance meets the real needs of individual countries.58  Further to this point,
at the WTO Workshops in Thailand and South Africa, the suggestion was made that three importantelements are associated with the effective provision of technical assistance.  First, countries need to
identify their priorities according to their specific needs.
59  In this respect, the point has been made
that support from government and all relevant stakeholders is needed first.60  Secondly, countries
should approach donors depending upon their needs and priorities.  Technical assistance should be
sequenced in accordance with the countries' priorities and it should be ensured that the response fitswith the needs and expertise of the various institutions.
61  The view has been expressed that in
addition to responding to self-identified needs, technical assistance should be predictable, harmonised
as between the various providers to ensure consistency and to avoid duplication, and equitably
distributed.  The providers of technical assistan ce should have a sound understanding of the relevant
issues based on practical experience as well as theoretical knowledge.  Further, technical cooperation
should include a competition advocacy component (such as training of parliamentarians, the
                                                     
54 Report (1999),  para. 43; Report (2001), para. 82.
55 Report (1999), para. 29.
56 Report (1999),  para. 43; Report (2001), para. 82.
57 WTO South Africa Workshop, page 20.
58 Report (2001), paras. 40 and 55.
59 WTO Workshop in Thailand.  Intervention by Mr. Ignacio Garcia-Bercero (European Commission,
DG-Trade), page 31.
60 WTO South Africa Workshop, Remarks by Advocate Menzi Similane (Competition Commissioner,
South Africa) on "Practical challenges, key enforcemen t tools and priorities relating to the implementation of
competition policy in developing countries," page 11.
61 WTO Thailand Workshop, Intervention by Mr. Ignacio Garcia-Bercero (European Commission, DG-
Trade), page 31.WT/WGTCP/W/182
Page 11
administration, relevant organizations, the media and economic operators) to help develop a culture of
competition.62
V. VIEWS EXPRESSED IN THE WORKING GROUP REGARDING THE
IMPORTANCE OF CAPACITY BUILDING AS AN ELEMENT OF A POSSIBLE
MULTILATERAL FRAMEWORK
30. Capacity building constitutes a key element of proposals made by some Members for the
development of a multilateral framework on competition policy.  In particular, it has been proposed
that an element of the framework should be the provision of enhanced support for the progressive
reinforcement of competition institutions in developing countries through capacity building.  Further,
certain proponents have suggested that the application of the concepts of progressivity and flexibility
in relation to the approach or methodology employed in developing and implementing a competition
regime will allow due account to be taken of the particular situations facing individual countries.These proposals have been the subject of discussion and debate at a number of Working Group
meetings.  Proposals have also been made for the inclusion of elements regarding modalities for case-
specific cooperation between competition authorit ies and a peer review mechanism in a possible
multilateral framework on competition policy.  Discussions in the Working Group have highlighted
the interaction between these elements and the proposed element regarding capacity building.
A.
PROPOSALS REGARDING CAPACITY BUILDING ELEMENTS IN A MULTILATERAL FRAMEWORK
ON COMPETITION POLICY
31. A key element of current proposals by some Members for the development of a multilateral
framework on competition policy relates to the provision of enhanced support for the progressive
reinforcement of competition institutions in developing countries through capacity building.  Theview has been expressed that enhanced and more effective capacity building activities are vital to the
development of structures for the effective introduction and enforcement of competition laws.
63 The
proponents suggest that relevant capacity building ac tivities would be undertaken in cooperation with
other intergovernmental organizations and bilateral donors.64  The assistance provided should be
demand-driven and should help developing countries to reap the benefits from access to internationalcooperation from as early a stage as possible.
65
32. The view has been expressed that the development of a multilateral framework on
competition policy could have two principal benefits with respect to capacity building.  First, the view
has been expressed that as a formal commitment in the WTO, a multilateral framework could enhance
the priority attached by all Members to capacity building associated with the adoption of a
competition law and its enforcement.66  It has been suggested that within a multilateral framework on
                                                     
62 WTO South Africa Workshop, Remarks by Mr. Bernard J. Phillips (OECD Competition Policy
Division) "Technical cooperation:  what the internatio nal community can/should be in a position to provide",
page 25.
63 Contribution of the European Community and its Member States (WT/WGTCP/W/140), Section 3.1.
64 Report (2001), para. 40.
65 Contribution of the European Community and its Member States (WT/WGTCP/W/160), page 7. In
response to a question posed during the WTO Workshop in South Africa as to whether the proponents of amultilateral framework would provide assurances that technical assistance and capacity building would occur
and would be embedded in the multilateral framework agreement, the view was expressed that it would be a
mistake to measure the benefits of a multilateral competition agreement merely on the basis of the amount oftechnical assistance to be provided.  Nevertheless, enhan ced levels of technical assistance would be one of the
important benefits of a multilateral agreement on competition: WTO South Africa Workshop, Intervention byMr. Ignacio Garcia-Bercero (European Commission, DG-Trade), page 31.
66 Report (2000), para. 66.  It has been stated that currently, a major problem is that technical assistance
in the competition policy area is not generally treated as a high priority on either the donor or the recipient sides:WT/WGTCP/W/182
Page 12
competition policy, technical assistance programmes could receive higher priority and be better
focused on the needs of recipient countries.67
33. Second, it has been suggested that the coordination of capacity building activities could be
improved.68 The point has been made that, in the past, technical cooperation has been provided
through many sources, which entails a risk of duplication and leads, in turn, to wastage of human andfinancial resources.
69  The view has also been expressed that technical assistance initiatives often
develop on an ad hoc basis, which can result in duplication of efforts.  Further, in some cases, there
may be a lack of consistent and continuous support to countries which require assistance at different
stages in the development of a competition law regime (i.e. from the drafting of a law to the setting up
of competition institutions and the progressive building up of capacities to deal with more complex
cases).70
34. An OECD survey71 of relevant activities in 1999-2000 that was discussed in the Working
Group72 is also relevant to the issue of coordination of capacity building activities.  That survey
included the following findings: (i) more resources are needed for technical assistance activities since
the demand for such assistance substantially outstrips the available resources; (ii) even if there is no
evidence of duplication, increased coordination between providers of assistance could enhance the
effectiveness and efficiency of relevant programmes; (iii) on the other hand, the benefits ofcoordination in an effort to stretch resources also have limits both in terms of costs and country
sensitivities; and (iv) the overall effectiveness of current assistance efforts could be improved through
funding being provided to enhance the ability of established competition agencies, as opposed to
private contractors, to provide relevant assistance.
73
35. The suggestion has been made that duplication could be minimized and efficiency and
effectiveness improved through the adoption of a multilateral framework which would, in turn,
improve coordination among existing assistance programmes.74  In particular, the point has been made
that a WTO framework agreement on competition policy could facilitate the design of more coherent
and multi-year technical assistance programmes which could cover issues ranging from initial
economic analysis and the drafting of competition laws to training and exchange of staff in order tofurther the expertise and enforcement capabilities of all WTO Members and their competition
authorities.
75
36. With regard to the possible role played by the WTO in relation to capacity building activities
in the competition policy area,  the point has been made that the WTO Working Group is merely a
forum in which to discuss the interaction between trade and competition policy; it has no mandate to
coordinate technical cooperation in this field.76  Furthermore, it has been stated that the WTO has only
very limited human resources with experience in this field in comparison with other organizations.  In
                                                                                                                                                                    
WTO South Africa Workshop, Intervention by Mr. Ignacio Garcia-Bercero (European Commission, DG-Trade),
page 32.
67 Report (2001), para. 57.
68 Contribution of the European Community and its Member States (WT/WGTCP/W/130), Section II.
69 Report (2001), para. 83; Report (1999), para. 53.
70 Contribution of the European Community and its Member States (WT/WGTCP/W/152), page 3.
71 "Experiences of OECD outreach and Members' technical activities in 1999-2000", OECD, March
2001.  The survey covers 17 Member countries, OECD outreach activities as well as information from or about
UNCTAD, the World Bank and the WTO.
72 WT/WGTCP/M/14, paragraph 68.
73 Report (2001), para. 84.
74 Report (2001), para. 83; Report (1999), para. 53.
75 Report (2000), para. 66.
76 Report (2000), paras. 67 and 69.WT/WGTCP/W/182
Page 13
any case, it has been suggested that the WTO is  not primarily a technical assistance agency.77  The
view has also been expressed that there is insuff icient evidence to suggest that the current ad hoc
system of providing technical assistance  is less effective than ideally would be the case.  Further, the
point has been made that it is not clear that a multilateral agreement on technical assistance would
improve the current situation.  There are possible inefficiencies associated with the establishment andoperation of a centrally-planned system.
78
37. In response, the view has been expressed that what the proponents have in mind is not
"central planning" but, rather, a modest effort to prevent duplication and to exploit possible synergies
where they exist.79  Further, the view has been expressed that there is no expectation that the WTO
Secretariat itself would assume the role of a ma jor donor of assistance relating to the training of
agency staff, drafting of national legislation, etc.  Rather, the Secretariat would work in collaboration
with other organizations and bilateral donors active in this area.80  Although the WTO's strength as an
institution resides in its status as a rule-making body, this does not imply that it is unable to absorb
enhanced technical cooperation activities as part of its agenda.  On the contrary, the WTO's rule-
making and technical cooperation activities are mutually supportive and complementary.  The most
important consideration is that an urgent need has been expressed by a number of developing
countries for enhanced technical cooperation and support in this area.81  The point has also been made
that experience has shown that technical assistance is most effective if a coordinated approach is taken
in responding to demands from recipient countries. Given its near global membership and the clear
linkages between trade and certain anti-competitive practices, the WTO is an appropriate forum to
achieve better coordination.82  The view has been expressed that the role played by the WTO in
stimulating a more integrated and coordinated approach to technical assistance would be along thelines of the ongoing work in the Committee on Trade and Development and the General Council on
enhancing the capacity of the WTO together with other organizations to promote technical assistance
linked to capacity building.  Further, the effectiveness of technical assistance could be enhanced
through the establishment of monitoring mechanisms.  The view has been expressed that a WTO
Competition Policy Committee would be a natural venue for this.
83
38. The concepts of progressivity and flexibility in relation to the approach or methodology
employed in developing and implementing a competition regime are also aspects of proposals for the
development of a multilateral framework on competition policy that are relevant to the subject of this
note.84  The proponents have suggested that these concepts allow due account to be taken of the
particular situations facing individual countries.85
39. More particularly, with respect to the concept of progressivity, it has been suggested that any
commitments relating to the introduction of a competition law would have to be progressive in nature,so as to take into account differences in levels of development.
86  The view has been expressed that
this concept allows the gradual and selective intr oduction of instruments to control anti-competitive
behaviour.  It permits the evolution and deepening of relevant instruments as economies develop and
regimes mature over time.  Ongoing support for capaci ty building is integral to this process, and
                                                     
77 Report (2000), paras. 71 and 81.
78 Report (2001), para. 84; Report (1999), para. 56.
79 See related discussion in Part V.B below.
80 Report (2001), paras. 40, 55 and 85.
81 Report (2000), para. 85.
82 Report (2001), para. 85.
83 Report (2000), para. 66 and Report (2001), para 92.
84 Report (2001), para. 75; Report (2000), para. 33; Contribution of the European Community and its
Member States (WT/WGTCP/W/140), para. 3.1.
85 Report (2001), para. 34.
86 Report (2001), para. 16; Contribution of the European Community and its Member States
(WT/WGTCP/W/130), Section II.WT/WGTCP/W/182
Page 14
should allow countries to fully assimilate one aspect of competition rules before progressing to the
next step.87
40. In relation to the concept of flexibility, it has been  suggested that the application of this concept
would accommodate many Members of the WTO that currently lack national competition laws.  In
particular, proponents have suggested that any possible commitment by such countries in relation tothe introduction of a domestic competition policy regime should entail both an appropriate transition
period and flexibility with respect to institutional design to ensure that relevant constraints are taken
into consideration.
88  The view has also been expressed that flexibility would be instrumental in
allowing countries to design laws and policies to address anti-competitive practices that threaten
development without preventing domestic firms from achieving beneficial economies of scale and
other efficiencies.89
41. The view has been expressed that the approach put forward by the proponents is predicated on
the need to have or adopt a comprehensive domestic competition law, albeit on a progressive basis.
The point has been made that such an approach fails to take account of the position of Members who
do not want to adopt a competition law and do not feel that such a law is necessary for them.90  The
point has been made that, given the diversity in competition policy objectives and implementation
instruments across economies, a requirement to adopt a national competition law could be demandingand burdensome for some Members.  The point has also been made that the lack of a comprehensive
competition law in some countries is not necessarily linked to capacity constraints; it could be
motivated by other considerations.
91
42. In response, proponents of a multilateral framework have indicated that they are not
necessarily insisting that all Members would be required in every case to adopt a comprehensivedomestic law. Rather, considerable flexibility would be provided in terms of exceptions and with
regard to the scope and coverage of the law.  Furthermore, at least one of the proponents has indicated
that it is ready to consider the appropriateness of a sectoral approach or other approaches, such as
those that are currently in place in some Members.
92  The point has been made that it is necessary to
respect the problems and needs of countries that do not have a domestic legal framework and thatspecific responses would have to be developed for those individual countries.
93  The suggestion has
also been made that it might be reasonable to envision that the obligations to be embodied in a
possible multilateral framework would not apply to Members choosing not to have a national
competition law.  However, when Members did wish to establish competition bodies or laws, they
would be subject to the relevant principles including non-discrimination and transparency and would
benefit from related technical assistance.94
43. Apart from proposals regarding the inclusion of elements relating to capacity building in a
multilateral agreement, suggestions for how consideration might be given in the Working Group to
capacity building activities have also been made.  In particular, the following points have been put
forward as a focus for future activities in the Working Group:
                                                     
87 Report (2001), para. 33; Contribution of the European Community and its Member States
(WT/WGTCP/W/130), Section II; Contribution by Trinidad and Tobago (WT/WGTCP/W/179), page 2.
88 Report (2001), para. 34.
89 Report (2001), para. 39; Contribution by Zimbabwe on behalf of the African Group
(WT/WGTCP/W/126), Section V.
90 Report (2001), para. 17.  See Part III.B above for a related discussion.
91 Report (2001), para. 36.
92 Report (2001), para. 37.
93 Report (2001), para. 80.
94 Report (2001), para. 38.WT/WGTCP/W/182
Page 15
- construction of a network among competition authorities of Member countries for the
efficient and flexible exchange of opinions and information by using information
technology;
- creation of a database of competition law, enforcement, technical cooperation
activities, etc. for each Member country;
- comparison of competition laws in each Member country and analysis of their
historical and economic backgrounds in addition to moves towards the convergence
of competition laws and the menu of options for economies poised to enact
competition law;
- consideration of measures to realize the early introduction of competition laws;
- compilation of data on competition policy reflecting the development of competition
laws and experiences with their implementation; and
- consultation and exchanges of opinions on how to address anti-competitive practices
that have international implications.95
44. Elaboration has also been sought in relation to:
- practical approaches to institution-building that will economize on administrative
costs and that will permit the exploitation of synergies with other relevant market-
place institutions;
- promotion of coherence between competition policy and related laws/policies and
WTO disciplines and also coherence in the activities and initiatives of theinternational community.;
- practical approaches to cooperation and assistance in the implementation of
competition law and policy, both at regional and multilateral levels.
 96
B. INTERACTION OF CAPACITY BUILDING WITH OTHER SUGGESTED ELEMENTS OF A
MULTILATERAL FRAMEWORK
1. The Complementary Roles of Case-Specific Cooperation and Capacity Building
45. The view has been expressed in the Working Group that case-specific cooperation and
technical assistance can play complementary roles in building capacity and strengthening competition
institutions in developing countries.  In this regard, a phased approach to cooperation has been
suggested.   In phase one, dissemination of sound and effective competition law would be promoted
through technical cooperation.  In phase two, where Member countries had already introduced a
competition law, technical assistance could occur for institution building.  In phase three, if qualified
countries are so willing, voluntary cooperation including the exchange of non-confidential
information, could occur.  Throughout the whole pro cess, the exchange of experience and learning of
practices would be conducted.97  The view has been expressed that such a progressive approach would
                                                     
95 Report (2000), para. 65. See also WTO Thailand Workshop, Remarks by Mr. Takashi Koezuka
(Deputy Secretary General, Fair Trade Commission of Japan) on "In what ways might a multilateral frameworkon competition policy contribute to institution and capacity building in developing countries?" page 28.
96 Contribution by Mauritius (WT/WGTCP/W/137), page 2.
97 Report (2000), para. 76; Report (2001), para. 70.WT/WGTCP/W/182
Page 16
best address the actual needs of individual Members98 and would provide sustained support for the
process of progressive development of competition enforcement structures in developing countries.99
46. The related view has been expressed that the promotion of cooperation at the multilateral
level could have a positive impact on domestic decision-making processes in relation to the
implementation of competition policy.  In particular, by increasing awareness of other Members'experiences and by being exposed to best practices through international cooperation, Members may
gain valuable insights that strengthen domestic reform efforts.
100
47. Conversely, the point has been made that technical assistance and capacity building can be
essential to facilitate meaningful cooperation be tween agencies.  For example, the point has been
made that inter-agency cooperation could be helpful in addressing practices such as international
cartels.  At an appropriate stage, it would be helpful if agencies could deepen cooperation so as to
include the sharing of confidential information.  However, a process of mutual confidence-building
and, in some cases, institution-building is needed if this is to take place.101
2. The Relationship of Capacity Building and Peer Review
48. The point has also been made that the introduction of appropriate peer review mechanisms
could reinforce and enhance the effectiveness of capacity building through technical assistance.102
Peer reviews, which would be voluntary in nature, would be an instrument through which issues that
relate to enforcement could be discussed in an open and constructive manner.  For example, in the
case of developing countries, it could be used in some cases to identify possible capacity constraints
as well as to examine enforcement policies being followed in individual countries.103  The view has
been expressed that to the extent that peer review  occurs in a cross-border context, it provides an
opportunity for countries to learn from others with similar experiences or similar problems.  If donewell, peer review promotes convergence and helps to build confidence among agencies as well as
credibility and support.  It has also been suggested that a peer review process would help to establish
benchmarks or guidelines to evaluate the implementation process.  However, peer review needs to
exist side-by-side with capacity building since they both have a role to play.
104
                                                     
98 Report (1999), para 60.
99 Report (1999), para. 76.
100 Report (2001), para. 57. More specifically, it has been suggested that international cooperation,
including in specific cases, would facilitate the transfer of information and human and financial resources to
developing countries: WTO South Africa Workshop, page 33.
101 Report (1998), para. 94.
102 Report (2000), para. 61.
103 Report (2000), para. 61.
104 Report (1999), para. 43; Report (2000), paras. 23 and 47; WTO South Africa Workshop, Remarks
by Mr.  Mark A. A. Warner (Hughes, Hubbard and Reed LLP) on "The potential benefits of supplementing
technical assistance with peer review mechanisms," page 26.WT/WGTCP/W/182
Page 17
ANNEX
MATERIALS RELEVANT TO THE TOPIC OF THE SUPPORT FOR PROGRESSIVE
REINFORCEMENT OF COMPETITION INSTITUTIONS IN DEVELOPING COUNTRIES
THROUGH CAPACITY BUILDING THAT HAVE BEEN CONSIDERED IN THE
WORKING GROUP
A. WORKING GROUP REPORTS FOR THE YEARS 1998 - 2001
Document Section/Paragraph/Page
reference (where relevant)
Report (1998) of the Working Group on the Interaction betweenTrade and Competition Policy to the General CouncilSections C.I, C.II and C.III and, in
particular, paragraphs 36, 39, 51,
52, 53, 69, 81, 94, 97, 106, 112,
123, 135
Report (1999) of the Working Group on the Interaction between
Trade and Competition Policy to the General CouncilSections C.I, C.II and C.III and, in
particular, paragraphs 29, 38, 43,
47, 48, 49, 50, 53, 56, 59, 60, 61,
65, 76, 85
Report (2000) of the Working Group on the Interaction betweenTrade and Competition Policy to the General CouncilSection C.II and, in particular,
paragraphs 19, 27, 33, 61, 63, 64,
66, 67, 69, 71, 76, 78, 81, 85, 96,
97, 98, 101, 103
Report (2001) of the Working Group on the Interaction between
Trade and Competition Policy to the General CouncilSections C.I and C.II and, in
particular, paragraphs 13, 16, 17,
32, 33, 34, 36, 37, 38, 39, 40, 41,
42, 43, 47, 55, 57, 70, 75, 80, 82,
83, 84, 85, 86, 92, 94
B. CONTRIBUTIONS TO THE WORKING GROUP
Symbol
(WT/WGTCP/ -)Member/Other source Section/Paragraph/Page
reference (where relevant)
W/17 UNCTAD Pages 3 - 5
W/18 APEC Page 4
W/67 United States Paragraphs 7 and 9
W/116 United States Section II.B
W/121 Japan Section III
W/125 Australia Page 2
W/126 Zimbabwe on behalf of the African Group Sections III and IV
W/129 European Community and Member States Sections I.C and II.E
W/130 European Community and Member  States Sections I.C(a) and II
W/137 Mauritius Whole paper
W/138 Republic of South Africa Paragraphs 4 and 6
W/139 New Zealand Paragraphs 6-10 of APEC
Principles to Enhance Competitionand Regulatory Reform
W/140 European Community and Member States Sections 2.1, 3.1, 3.2 and 3.3
W/142 United States Whole paper
W/143 Trinidad and Tobago Sections III, IV, VII and VIII
W/145 Japan Section II.DWT/WGTCP/W/182
Page 18
Symbol
(WT/WGTCP/ -)Member/Other source Section/Paragraph/Page
reference (where relevant)
W/148 Australia Sections I and IV
W/151 Switzerland Section C
W/152 European Community and Member States Pages 3, 4, 6, 7, 10 – 12
W/154 Korea Paragraph 4(3)
W/155 Canada Section IV:A
W/156 Japan Paragraph 2(b)
W/158 Republic of Croatia Paragraph 4
W/159 Australia Paragraphs 11-14
W/160 European Community and Member States Paragraph 4
W/161 Romania Page 3
W/162 Colombia Paragraph 4
W/164 United States Whole paper
W/165 Czech Republic Section B.5
W/167 Japan Whole paper
W/175 European Community and Member States Paragraph 1(c)
W/179 Trinidad and Tobago Page 2
C. SUPPLEMENTARY INFORMATION
Document Section/Paragraph/Page
reference (where relevant)
Report on the WTO Regional Workshops on CompetitionPolicy, Economic Development and the Multilateral Trading
System that were held in Phuket, Thailand in 2000
105See in particular sections V and VI
Regional Workshops on Competition Policy, EconomicDevelopment and the Multilateral Trading System that were
held in Cape Town, South Africa in 2001
106See in particular section V.B
__________
                                                     
105 Made available at the Working Group's meeting of  2-3 October 2000.
106 Made available at the Working Group's meeting of 5-6 July 2001.