On 20 and 21 April 2009, UNCTAD and SELA organized the First Regional Seminar on Trade and Competition for Latin America and the Caribbean (LAC) in Caracas, Venezuela. And from 26 to 28 May 2010, UNCTAD, SELA and the Administrative Council for Economic Defence (CADE) of Brazil conducted the Second Regional Seminar on Trade and Competition for Latin America and the Caribbean (LAC), in Brasilia, Brazil.

The two regional seminars were attended by authorities of the Member States of SELA and other countries of the region, responsible for the areas of protection of competition, and trade and competition, as well as UNCTAD officials led by the Secretary-General of UNCTAD, Supachai Panitchpakdi.

The agenda for the First Seminar included the following issues:

• Links between trade and competition: Perspective of experts in trade.
• Links between trade and competition: Perspective of experts in competition.
• Common areas between trade and competition policies.
• Regional cooperation in the area of trade and competition.
• Cooperation between UNCTAD and SELA.

Participants adopted the following recommendations:

1. The governments of Latin America and the Caribbean should continue with the analysis of the various aspects related to the issues of trade, competition policies and development.
2. The Permanent Secretariat of SELA, along with UNCTAD, should keep conducting systematic activities involving debates, update and training as regards the issues of trade and competition, in connection with the economic and social development needs of Latin American and Caribbean countries.
3. It is advisable to develop update programmes and to spread information aimed at improving human and institutional resources capacities in Latin America and the Caribbean, so as to outline, implement and evaluate competition policies to respond to the challenges currently faced by our nations.
4. To adopt the proposal for a joint UNCTAD-SELA regional cooperation programme in the areas of trade, competition and development.
5. To continue with these analytical and coordination efforts among the Member States of SELA.

The agenda for the Second Seminar was as follows:

• Enforcement of competition law and policy
• Judicial review of competition cases
• Appropriate sanctions and remedies
• The use of leniency programmes as a tool for the enforcement of competition law against hardcore cartels in developing countries

• The role of competition policy in promoting economic development: The interaction between Trade and Competition
• Evaluating the effectiveness of competition law in the promotion of economic development
• The appropriate design and enforcement of competition law and policy in countries at different stages of market development
• The role of competition advocacy, merger control, and the effective enforcement of law in times of economic troubles
• Creation of a Working Group on Trade and Competition: SELA’s proposal

• Review of the experience gained in the implementation of the United Nations Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (UN Set), including voluntary peer reviews
• Modalities for facilitating voluntary consultations among member States and regional groupings, in line with section F of the UN Set
• Evaluation of the experience gained so far in the implementation of the UN Set, including UNCTAD voluntary peer reviews
• The role of networking in the exchange of non-confidential information in facilitating cooperation among competition agencies
• The effectiveness of the capacity-building and technical assistance extended to newly established competition authorities

As a result of this Second Seminar, the following recommendations were made:

• Intensify cooperation between UNCTAD and SELA, which counts on a substantial financial support from the Kingdom of Spain. In this connection, participants reaffirmed the validity of the UNCTAD-SELA Cooperation Programme for 2009-2012, adopted during the First Regional Seminar.
• There should be a goal in Latin America and the Caribbean for all countries to have competition rules and institutions which should be strengthened in such a way that they help reduce asymmetries and gaps among competition systems in the region.
• To request the Latin American Council of SELA to establish the Working Group for encouraging interaction among trade and competition authorities. UNCTAD and SELA will provide the necessary technical support for organizing and conducting the activities agreed to by the Working Group.
• To document cases that may serve as model and reference for competition authorities, judicial bodies and trade organizations in Latin America and the Caribbean, particularly in terms of the criteria for imposing sanctions, undertaking judicial processes, or proposing leniency agreements. Active participation of the region in the Sixth Revision of the UN Set of Principles on Competition, to be held in November 2010 in Geneva.