role of stakeholders in promoting competition reforms how competition reforms benefit our daily...
TRANSCRIPT
Role of Stakeholders in Role of Stakeholders in promoting competition promoting competition
reformsreforms
How competition reforms benefit our daily lives?
OFC-PIDS-CUTS Competition Advocacy Seminar
4th November 2014, Manila, The Philippines
OutlineOutline
• Understanding the value of competition, especially in our daily lives
• Why ‘Competition Advocacy’ is crucial• Competition is not an end in itself, but a tool
for achieving other developmental objectives• Stakeholders in competition advocacy, and their
roles
2
Value of Competition in Our Daily Value of Competition in Our Daily
LivesLives
3
Competition Advocacy: What & Competition Advocacy: What &
WhyWhy
“Competition Advocacy is one of the main pillars of modern competition law, which aims at creating, expanding and strengthening awareness of competition in the market”.
•A key element of a competition agency’s function•Involves close interaction with other stakeholders•Aimed at achieving specific objectives in policy and practice
4
Competition not an end, but a Competition not an end, but a
means…means…
• Having a competition law not enough, effective implementation is necessary
• Promoting competition in key markets – leading to desirable outcomes for beneficiaries
• Need for well-designed government policies, effective competition regime and sector regulation
• Different stakeholders need to be engaged in the process
5
‘‘Key stakeholders’ in competition Key stakeholders’ in competition
reformsreforms
6
POLICYMAKERS, COMPETITION AGENCY,
CONSUMER PROTECTION AUTHORITY, CIVIL SOCIETY,
ACADEMIA, SECTOR REGULATORS,
MEDIA, BUSINESS ASSOCIATIONS, DEVELOPMENT PARTNERS
LEGAL FRATERNITY, JUDICIARY, ETC.
PolicymakersPolicymakers
Policy makers: government officials who make policies together with parliamentarians
• Expected RolesoLay out conducive policy and legal frameworksoRelease resources for functioning of institutionsoMonitoring and accountability
• Conditions precedentoAppreciation of benefits from competition reformsoCapacity to implement policies
7
Competition AgencyCompetition Agency
• Established by the competition law, tasked with enforcement
• Expected roleso Effective enforcement of competition law o Communication with key stakeholders and beneficiarieso Activities aimed at curbing ACPs, promoting competition
culture and awarenesso Undertake competition advocacy
• Conditions precedento Subject knowledge and skillso Human and financial resourceso Functional autonomy o Good interface with complementary institutions
8
Civil Society/Consumer OrganisationsCivil Society/Consumer Organisations• Organizations advocating for the rights of consumers
• Expected Roles o Watchdogs for competition and consumer authoritieso Mobilising consumers voice on need for protectiono Advocacy and pressure for competition reforms to help
achieve desirable goals for consumers
• Conditions precedento understanding on competition and consumer issues o Capacity for interaction with various stakeholderso Support from development partnerso Recognition by the relevant authorities
9
AcademiaAcademia• University department, research institutions and organisations
• Expected Roleso Policy research and adviceo Assist CA in doing research in DCso Capacity building for officials
• Conditions precedento Integration of competition policy and law in curriculumo Knowledge of competition and consumer issues by
researchers
10
Sector Sector RegulatorsRegulators
• Regulatory authority established by sector specific legislation
• Expected Roleso Promote competition in their respective sectorso Make decisions that have a bearing on competitiono Protect consumer interests in their sectors
• Conditions Precedento Resources to carry the taskso Good legal frameworko Sound working relations with competition authority
11
Business Business
• Regulated entity hence has big role to play
• Expected Roleso Competing fairly and avoid consumer violationso Being sources of information for competition authorityo Business associations promoting understanding on
competition among members (firms)o Associations staying clear from anticompetitive conduct
• Conditions precedento No regulatory captureo Acceptance of competition reforms by (big) businesses o Friends of competition (Business leaders…)
12
MediaMedia
• Communicating with the general public (print, electronic, etc.)
• Expected Roleso Promote greater public awareness of issueso Awareness on institutions and legal frameworko Highlight possible anticompetitive practices,
consumer/business harmo Constructive criticism
• Conditions precedento Availability of trained reporterso Willing contributors (articles, reports, etc)o Good interaction with institutions (press releases etc)
13
Legal FraternityLegal Fraternity• Legal practitioners (for business and in competition agency)
• Expected Roleso Educate clients on compliance mechanismso Help judiciary establish case lawso Ensure careful enforcement of lawso Help identify loopholes in the administration system
• Conditions precedento Proper understanding of the provisions of the law, and goalo Quick justice delivery system
14
JudiciaryJudiciary
• The buck stops at the judiciary, hence determines efficiency of system
• Expected Roleso Efficient disposal of related trials/caseso Establish case laws
• Conditions precedento Knowledge on the subjectso Conducive platform for presiding cases
15
ConclusionsConclusions
• Stakeholders need to understand and perform their roles
• Each stakeholder needs training/CB to effectively perform role
• Programmes on awareness of competition and consumer issues and their benefits critical for success
• Stakeholders need to complement each other rather than step on each other’s toes
• Resource constraints major challenge; hence development partners called upon
• Advocacy key to buy-in; important to establish a cadre of advocates through training programmes
16
Endnotes……
• CUTS implementing CREW project (www.cuts-ccier.org/CREW) in Philippines
• Highlights instances/cases of how pro/anti-competitive policies and practices affect consumers or producers
• Findings to be used in ‘competition advocacy’ with support of key SHs
17