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Il Modello di Regolamento sulla Concorrenza: una prospettiva organizzativa dell´impresa

Nicodemo Giovanni Tempestini, holds a doctoral degree in Labour Development and Innovation from Marco Biagi Foundation at Modena University. Between 2011 and 2014, he was adjunct professor of Commercial law at University of Modena, whether teaching undergraduate courses. Currently he is a UNCTAD delegate expert on antitrust law and consumer policy.

I trattati dell’UE richiedono che si tenga conto della sostenibilità e della protezione ambientale nell’attuazione di tutte le politiche e attività dell’UE. Basato sul diritto dell’UE, l’articolo contiene idee che potrebbero ispirare cambiamenti in altre giurisdizioni. Mostra quanto la conformità sia rilevante sia per l’analisi del comportamento illecito che per quello di cattiva condotta. Non è la legge che deve cambiare, ma il nostro approccio ad essa. L’articolo si ispira alle disposizioni costituzionali degli accordi UNCTAD e alle osservazioni del Segretario generale Mukhisa Kituyi per mostrare come gli obiettivi di sviluppo sostenibile (OSS) non debbano ostacolare l’azione urgente e la cooperazione da parte del settore privato per attuare una condotta aziendale responsabile (RBC).

The Model Law on Competition: an organizational perspective the enterprise

The EU Treaties require sustainability and environmental protection to be taken into account when implementing all of the EU’s policies and activities. Based on EU law the article contains ideas that could inspire changes in other jurisdictions. It also shows how compliance is relevant to both the analysis of illicit and misconduct behaviour. It is not the law that needs to change but our approach to it. Article draws on the constitutional provisions of the UNCTAD settlements and remarks by Se­cretary-General Mukhisa Kituyi to show how Sustainable Development Goals (SDG) need not stand in the way of urgent action and co-operation by the private sector to implement Responsible Business Conduct (RBC).

Keywords: regulationcompetition law – compliance program – sustainable development goalsethics codeillicit traderisk managementillegal practisesconsumers welfareorganizational misconduct.

1. Introduction

The recent improvement of a multilateral trading system and the increasing number of international agreements covering more and more fields that were previously left within the sovereignty of a State, have created new hotly debated issues. This tendency, also provoked by the development of new technologies, gave cause to a number of disputes in the playground of international trade.

One such issue of wide implications is the Model Law on Competition [1] (MLOC). The United Nations Conference on Trade and Development (UNCTAD) brings together National Associations for European Law and their members and it serves as a forum for the study, development, critical appraisal and renewal of Model Law on Competition. During its fifteenth session the Intergovernmental Group of Experts has revised some article of the Model Law on Competition.

Today two-thirds of economic industries are more concentrated than 1997. Now more than ever, competition matters for effective trade policy. The article introduces the achievement of the Sustainable Development Goals (SDG), it will assure healthy competition and consumer protection too.

UNCTAD Secretary-General Mukhisa Kituyi said: "Healthy competition in both national and international markets ensures that the private sector makes better products at lower prices affordable to more people, and this will be important in achieving the UN Sustainable Development Goals (SDGs) [2]. He also said: “Counterfeit medicines are just one example of how we simply will not achieve the SDGs without looking after our consumers”. As many as 30% of medicines sold in developing countries are counterfeit and an estimated 100,000 people in Africa die every year as a result.

Fake or illegal products and inferior materials in supply chains harm consumers and tarnish consumer perception of a Responsibility Business’s Social (RBS) performance. For example, unlawful trade is a form of unfair competition that undermines private sector contributions to economic growth and employment. It chokes off market growth, sabotages global supply chains, squanders natural resources and endangers market security [3].

As unlawful trade weakens the viability and sustainability of industries, it simultaneously dilutes private sector contributions to achieving the SDGs.

Undertakings (SMEs) engaged in Responsible Business Conduct (RBC) initiatives have raised questions on the intersection between competition law and Responsibility Business Social (RBS) standards developed at international level. The concern is that competition law principles may chill Responsible Business Conduct (RBC) initiatives, particularly if these entail co-operating with other companies (and possibly competing companies) and participation in multi-stakeholder initiatives.

The article considers the role of the automobile industry in the current cycle. It first examines the compliance role of the industry in the cars economy, before analysing the relation between the automobile and innovation cycles. After casting, some light on the sources of the collapse car industry (Dieselgate case) at the start of the crisis of (environmental topic) Sustainable Development Goals, in particular compare EU and US car scrapping programmes.

The article discusses the policy measures of smart automotive put in place to support the automobile industry.

2. The Model Law on Competition: the latest development

The Model Law on Competition [4], a best practice of the Competition Law, should have general applicability to all industries, agreements and entities engaged in commercial exchanges of goods and services. However, it is true that there may be economic, legal and sometimes political reasons for limiting the general applicability of the Competition Law.

This rationale dictates the scope of competition legislation. Topics analyzed in the section include restrictive agreements or arrangements; acts or behavior constituting an abuse of a dominant position of market power; notification, investigation and prohibition of mergers affecting concentrated markets; consumer protection. The Model Law on Competition is made up of two parts: part one is a permanent guide and it is not subject to revision; part two is revised regularly, chapter-by-chapter [5].

The United Nations Conference on Trade and Development “UNCTAD” document “The Model Law on Competition” contains a revised version of the draft amended on 2003 – 2010 – 2015 versions. It has been made more ..


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