Regional Workshop on Challenges in the Implementation of Competition Law

Background

One of the major challenges faced by developing countries is in legislating and implementing competition law. Competition law cannot succeed unless there is a societal understanding of the law and acceptance of its value to development policy. Competition advocacy is the means by which the benefits of legislation are explained and disseminated through various levels of society, including the government and the judiciary. Difficulties go beyond determining the contents of the law to the problems of introducing it to stakeholders who may not understand the intent of the law and its benefits, and to overcoming the objections of those whose interests would be negatively affected by the law. Difficulty in getting the legislations through the legislative body (Parliament or Congress) is symptomatic of such problems. Once the law is passed, there are a host of problems faced by the competition authority in establishing the institution and enforcing the law. In general, there is a need to engage in advocacy with stakeholders, including other public institutions, in order to build a culture of competition in the society that is receptive to and supportive of a new competition regime.

Furthermore, in order to implement and enforce competition law effectively, institutional capacity for competition authorities must be strengthened. The authority needs adequate human and financial resources, must have legal enforcement tools, such as the power to initiate an investigation, to request information from any public or private business person, and the legal right to enter into business premises to collect information and seize documents; and must be able to apply appropriate sanctions. Competition law enforcement requires both legal and economic expertise. In most developing countries, particularly ones where competition law is newly introduced, there are only few professionals with appropriate knowledge of competition law.

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Objectives

1. To share country experiences and lessons learnt in advocacy, drafting and implementation of competition law,
2. To enhance capacity of existing and new competition agencies in implementing and enforcing competition policy and laws,
3. To promote networking among participating competition experts as well as between them and international experts (from Germany, UK, Japan, Australia and USA) on competition laws and policy.

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Outputs

1. Shared country practices that can be selectively applied to enhance the capacity of authorities concerned in drafting and enforcing competition laws
2. Shared country practices on advocacy efforts
3. Closer cooperation among participating agencies
4. Summary of proceedings

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Participants

Senior government officials from competition and related agencies in ASEAN and selected Asian countries

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Partners

• Japan Fair Trade Commission
• US Fair Trade Commission
• Thailand’s Department of Internal Trade
• ASEAN Secretariat