regional cooperation in training - jftcs approach - october 11th, 2011 tetsuji yokote japan fair...
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Regional Cooperation in Training- JFTC’s approach -
October 11th, 2011Tetsuji YOKOTE
Japan Fair Trade Commission (JFTC)
(ICN Cartel Workshop Mini Plenary Session 1: Regional Cooperation)
ICN Membership
2
The number of ICN members reached 116 as of July 1st, 2011.
Periods of Introducing Competition Laws
3
Number of jurisdictions
until 1909 1910 ~ 1950 1950’s 1960’s 1970’s 1980’s 1990’s 2000’s
45
10
5
More than half of jurisdictions have less than almost 20 years’ experience in enforcing competition laws.
Note: Counted by the JFTC
How are “capacity building” and “technical assistance” defined? Capacity building: The larger process of putting into place, at the
national or regional level, sustainable competition policy frameworks and processes.
Technical assistance (TA): Components of capacity building that include the transfer of skills and know how from one agency or jurisdiction to another.
Cited: International Competition Network, Competition Policy and Implementation Working Group, Subgroup 1, “Assessing Technical Assistance for Competition Policy (May 2006),” at 1.
Capacity Building and Technical Assistance
4
Provide adequate TA programs and tools, especially those reflecting the recipient agencies’ individual needs.
Pick up the well-experienced and knowledgeable issues or topics for donor agency.
Formulate TA programs or tools from the long-term standpoint.
Three tips of technical assistance
5
JICA Frameworks Group Training Country-focused Training
Main framework of JFTC’s activities
6
international Frameworks APEC (CPLG: Competition Policy and Law Group) ICN (AIN: Advocacy and Implementation Network) ASEAN (AEGC: ASEAN Experts Group on Competition) OECD (KPC: Korea Policy Center)
* JICA (Japan International Cooperation Agency) is an independent administrative institution which aims to contribute to the promotion of international cooperation by supporting the socioeconomic development, recovery or economic stability of developing regions.
Group TrainingThe JFTC organized training courses almost every year since 1994. To the date the JFTC has conducted 17 training courses for 181 trainees from 49 countries.
JICA Framework (1)
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Period Theme Participants
August – September, 2008 Japanese competition law 13 officials from 10 countries
August – September, 2009 Japanese competition law 10 officials from 7 countries
August – September, 2010 Japanese competition law 9 officials from 6 countries
September – October, 2011 Japanese competition law 7 officials from 4 countries
(Recent Examples)
Country-focused TrainingExamples of country-focused training are the followings.
JICA Framework (2)
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Type Organization Number of times Venue
Long-term Advisor Commission for the Supervision of Business Competition (KPPU)
3 officials Indonesia
Training Course Commission for the Supervision of Business Competition (KPPU)
8 times Japan
Type Organization Number of times Venue
Long-term Advisor Vietnam Competition Authority (VCA)
2 officials Vietnam
Training Course Vietnam Competition Authority (VCA)
5 times Japan
1. Indonesia
2. Vietnam
The Training Course in cooperation with JICAPeriod: April 7th to 27th, 2010Venue: JFTC Office in Tokyo, JAPANParticipants: 5 officials from the Vietnam Competition Authority
(VCA)
Description of topics related to investigative techniquesFinding cluesCollecting related materials (including on-site inspections)Having an interviewRequesting a reportPreparing necessary documents
Example of Training Course held in 2010 (1)
9
Pick up a hypothetical bid-rigging case (based on the actual violation case in Japan)
Example of Training Course held in 2010 (2)
10
Q1. What kind of conduct do you think are there in this case?
Q2. On what kind of trade or services are restricted competition in this case?
Q3. In addition to the above information, what information is needed in order to look into its credibility and initiate investigation?
Q4. What should you do in order to obtain such additional information?
Your agency received an anonymous call: “I heard that the company X would be a winning bidder of the construction of the State South Hospital in the City of H. Since 2008, the major constructors in the City of H are to be awarded all the construction/reconstruction of state hospitals. I also heard that the constructors actually met to discuss the bidding price.”
The sample questions concerning “finding clues” are;
From the viewpoints of the number of participating jurisdictions
Strengths and Limitations
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Strengths Limitations
Group Training Participants from various jurisdictions have a chance to deepen their mutual understanding.
As topics will be chosen which fit to all the participants from jurisdictions at various development stages, they tend to be relatively broad.
Country-focused Training
It is much easier to design the program which reflects the specific needs of the recipient agency.
Intensive input of resources are needed despite the limited budget and human resources.
From the viewpoints of the venuesStrengths Limitations
City where the recipient agency is located
More staff of the recipient agency can join the program.
Topics are relatively limited because donor agency can dispatch limited number of staff.
Japan The JFTC can put a lot of experienced staff to the program and pick up various topics.
Limited number of staff from the recipient agency can join the program.
What is “AIN”: Advocacy and Implementation Network?
Since 2007, the Japan Fair Trade Commission has been leading a group of Working Group representatives and other interested members as the Advocacy and Implementation Network (AIN) to promote and advocate the use of ICN work products by competition authorities throughout the world.
AIN members join conference calls to discuss how to promote the advocacy and implementation of ICN work products, in particular, through the AISUP.
International Framework (1)
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What is “AISUP”: Advocacy and Implementation Support Program?
AISUP was originally launched as the “Support System” in 2008 and renamed in 2009.
Through the AISUP, ICN members can seek advice about specific ICN work products or receive assistance on how ICN recommendations and other guidance documents might be implemented within their jurisdictions.
International Framework (2)
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Tele-seminar on ICN Anti-Cartel Enforcement Manuals
Responding to the request from the Vietnam Competition Authority (VCA), the JFTC held the tele-seminars on the ICN Anti-Cartel Enforcement Manuals, especially focusing on detection of cartels and cartel investigation, from April to July 2010.
In the seminars, the USDOJ and the ACCC contributed as speakers.
Examples of seminars under the AISUP
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(Excerpt from the text used at this tele-seminar)
TA Inventory
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AC
CC
JF
TC
KF
TC
CT
FT
C
US
DO
J/ F
TC
JICA/JFTC Local Seminar onCompetition Law/Policy
JICAJFTC
X 2010 Mar 2 daysTagaytay,Philippines
Sin
gle
50
A seminar on capability buildingfor a comprehensive nationalcompetition policy for competitionrelated authorities in Philippines.
X X 50
JICA/JFTC Training Course onCompetition Law/Policy
JICA, JFTC X 2010 Apr 3 weeks Tokyo
Sin
gle
5
A training course on InvestigationPractice. The training coursewas held with the participation of5 officials from VietnamCompetition Authority (VCA).
X X X 5
JICA/JFTC Training Course onCompetition Law/Policy
JICAJFTC
X 2010 May 3 weeks Tokyo
Sin
gle
11
A training course on competitionlaw and policy. The trainingcourse was held with theparticipation of 11 officials fromSupervisory of BusinessCompetition (KPPU).
X X X X X X X X X X 11
2nd AISUP for VCAICNJFTC
X X 2010May -
Jul5 times Hanoi
Sin
gle
-(*5)
Teleseminars to introduce ICNwork products for VCA
X X-
(*5)
Dispatching Long Term AdvisorJICAJFTC
X2010
-2012
Jul 2 years Hanoi
Sin
gle
-(*5)
1. Provide locally based technicalassistance as a resident advisor2. Technical assistance activitiesinclude a) transferring Japan'sexperience and knowledge, b)providing guidance inimplementing competition law, c)planning and implementing ad-hoc seminars
X X X X X X X X X X X X-
(*5)
JICA/JFTC Group TrainingCourse
JICAJFTC
X X X X 2010Aug -Sep
1 monthTokyo,Osaka
Multip
le
3
A training course on Japanesecompetition law/policy. Thetraining course was held with theparticipation of officials fromcompetition (related) authoritiesall over the world.
X X X X X X X X X 1 2
JICA/JFTC Training Course onCompetition Law/Policy
JICAJFTC
X 2010 Aug 2 weeks Tokyo
Sin
gle
10
A training course on Market andPolicy Research. The trainingcourse was held with theparticipation of 10 officials fromCommission for Supervisory ofBusiness Competition (KPPU).
X X X 10
6th East Asia Conference onCompetition Law/Policy
ADBI,JFTC,KFTC
X X X 2010 Sep 1 day Seoul
Multip
le
31
An advocacy-purposedconference among East Asiaeconomies targeted at bothcompetition agencies and privatesectors.
X X 1 8 4 1 3 1 2 4 4 3
PROGRAM INFORMATION Mode of Assistance SUBSTANTIVE AREASNumber of Participants from each Recipient
Economy (*4)
Title of ProgramMain
Provider/Organizer
Provider of ResourcePerson (such as
speaker andModerator)
Year Month Duration Location
Nu
mb
er o
f
Recip
ien
t Eco
no
my
Nu
mb
er o
f Partic
ipan
ts (*4
)
Brief Description
Wo
rksh
op
/ Sem
inar/
Co
nfe
ren
ce
Stu
dy V
isit to
Pro
vid
ing
Eco
no
my
Dis
patc
hin
g R
esid
en
tial
Ad
vis
or (fo
r mo
re th
an
on
e
mo
nth
)
Inte
rnsh
ip in
Pro
vid
ing
Ag
en
cy
Tele
sem
inar
Oth
ers
Ho
rizo
nta
l Ag
reem
en
t
Institu
tion
al S
tructu
re
Inte
llectu
al P
rop
erty
Vertic
al R
estra
int (*3
)
Un
ilate
ral C
on
du
ct (*2
)
Merg
er a
nd
Acq
uis
ition
En
forc
em
en
t, Pro
ced
ure
, etc
.
(*1)
Co
mp
etitio
n P
olic
y a
nd
Oth
er
Po
licie
s
Philip
pin
es
Ad
vo
cacy
Co
nsu
mer P
rote
ctio
n/
Mis
lead
ing
Rep
resen
tatio
n
Oth
ers
Cam
bodia
Chin
a
Hong K
ong
Japan
Sin
gapore
Thaila
nd
Vie
tnam
Indonesia
Lao P
DR
Mala
ysia
Mongolia
Myanm
ar
Thank you very much for your kind attention!
(JFTC’s website)http://www.jftc.go.jp/en/index.html
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