Informational Requirements for the Control of Restrictive Business Practices Originating with Firms of Developed Countries

• DOI: 10.1177/0003603X7502000408
• Published date: 01 December 1975
• Date: 01 December 1975
• Subject Matter: Article

INFORMATIONAL RE9UIREMENTS FOR THE CONTROL

OF

RESTRICTIVE

BUSINESS

PRACTICES ORIGINATING

WITH FIRMS OF

DEVELOPED

COUNTRIES

by

THE

UNITED

NATIONS

CONFERENCE

ON TRADE

AND

DEVELOPMENT

SECRETARIAT

Oonclusions Ooncerning Informational Requirements for the

Control of Restrictive Business Practices Originating

With

Firms in Developed Oountries

1. 'The purpose of this report is to identify the restrictive

business practices originating with firms in developed coun-

tries which can affect the

trade

and development of developing

countries,

and

to establish in respect of each type or group

of practices the extent to which information is collected

and

publicly available. The aim is to elucidate the present gaps

in information collection and dissemination in developed

countries and to suggest

appropriate

action to be taken

at

national

and

international levels. The

report

does not deal

with the question of informational requirements of developing

countries for the control of restrictive business practices

and

abuse of dominant positions of firms in

their

countries. This

is one of the aspects covered in document TD/BjC'.2j160,

which discusses the elements of a model law or laws on re-

strictive business practices for the developing countries. To

control effectively,

and

where possible to eliminate, restric-

tive business practices affecting the

trade

and development

of developing countries, remedial action along the lines called

for in Conference resolution 73

(III)

is obviously required in

both developed and developing countries and

at

an

inter-

national level.

The designations employed

and

the presentation of the material

in this report do not imply the expression of

any

opinion whatsoever

on the

part

of the UNCTAD secretariat concerning the legal status of

any country or

territory

or of its authorities, or concerning the de-

limitation of its frontiers.

833

834

THE

ANTITRUST

BULLETIN

2. The main restrictive practices dealt with in this

report

have been classified into the following broad category groups:

(a) national and international export cartels;

(b) national domestic cartels, in

particular

(i) import cartels;

(ii) aggregated rebate cartels; and

(iii) exclusive-dealing arrangements;

(c) dominant firm behavior; and

(d) mergers and takeovers.

With

regard

to arrangements falling within each of these

groups, the

report

has examined the extent to which informa-

tion is notified and registered with competent authorities

in developed countries and the extent to which such informa-

tion is made public.

3. There

are

notification procedures in most developed

countries

for

the purpose of screening particular restrictive

business practices. However, the actual extent of notification

in respect of

particular

practices varies considerably from

country to country. Moreover, the publicity given to the in-

formation notified or otherwise collected is in most cases

minimal. In this connexion, the table below summarizes the

available information on the main forms of cartel activity

in developed countries dealt with in this report.

INFORMATIONAL

REQUIREMENTS

835

TABLE

CuTJtL

ACTIVITY IN DEVELOPEDMAJ.XET ECONOMY

COUNTRIU

8

18

48

1

d

125

184

n/a

n/I

178

n/a

n/a

n/a

n/a

178

n/a

30

19&

E" ... , CIII'IIII

R,b""

[,,,,,.-

e.,,11

N/J1iorwJl

1I41i<nttJ1

ToltJJ

36 45 25 70

n/I

n/a

2

A,,,II

...u,d

;""0"

carllU

C_try

Federal Republic

of Germany

Franee

Japan

OlMre.lIlI

Standardization cartela

Rationalization cartela

Specialization cartelll

Emergency cartelll

Condition cartela

n/a

n/a

Small and medium-ICale

enterprise cartela 607

Criais cartelll 11

Resale price mainte-

nance

Other cartela

Netherlands

n/a

12 6 14 20

n/I

Norway

n/I

12

n/I

n/a n/a

n/I

Sweden

n/I

25

n/a

n/a

n/a

n/a

United

Kinfdom

1

3&

89 41 130

n/a

United

Stat..

38 38

n/a

SoUBCllS:

Reporte of the

OEeD

Committee

of

Experta on Restrictive Business

Pramc

..

,

Agg,.egated Rebate Ca,.telll (OECO, 1972); Expo,.t Ca,.telll (OECD, 1974); All-

nual

RepOr'tB

on Competition Polioy in OECD Membe,. Co"ntrie. (OECO 1973/

No.2

and

1974/NO.

1) and J. D.Gribbin, R6Itrictilie

B""n6l'

p,.actice.,

M"U"

MtioMl

Companiu

a""

Trocle toit

11.

Delleloping Co"ntrie., presented to the lemi-

nar

on Antitrust Problema in the International Sphere, World Trade Institute,

New York,

January

27-29, 1975.

& Rebate cartels againet which action haa been taken.

NO'1'IIl:

n/a

means information not available

but

cartelll of the nature referred to likely to

aiIt.

- meane no rovernment-approved cartelll

aiIt.