Regional Cooperation in Training - JFTCs approach - October 11th, 2011 Tetsuji YOKOTE Japan Fair Trade Commission (JFTC) (ICN Cartel Workshop Mini Plenary Session 1: Regional Cooperation)

ICN Membership 1 The number of ICN members reached 116 as of July 1 st, 2011.

Periods of Introducing Competition Laws 2 Number of jurisdictions until s 1960s 1970s 1980s 1990s 2000s 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 3

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 4

JICA Frameworks Group Training Country-focused Training Main framework of JFTCs activities 5 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 Training The JFTC organized training courses almost every year since To the date the JFTC has conducted 17 training courses for 181 trainees from 49 countries. JICA Framework (1) 6 PeriodThemeParticipants August – September, 2008Japanese competition law13 officials from 10 countries August – September, 2009Japanese competition law10 officials from 7 countries August – September, 2010Japanese competition law9 officials from 6 countries September – October, 2011Japanese competition law7 officials from 4 countries (Recent Examples)

Country-focused Training Examples of country-focused training are the followings. JICA Framework (2) 7 TypeOrganizationNumber of timesVenue Long-term AdvisorCommission for the Supervision of Business Competition (KPPU) 3 officialsIndonesia Training CourseCommission for the Supervision of Business Competition (KPPU) 8 timesJapan TypeOrganizationNumber of timesVenue Long-term AdvisorVietnam Competition Authority (VCA) 2 officialsVietnam Training CourseVietnam Competition Authority (VCA) 5 timesJapan 1. Indonesia 2. Vietnam

The Training Course in cooperation with JICA Period: April 7th to 27th, 2010 Venue: JFTC Office in Tokyo, JAPAN Participants: 5 officials from the Vietnam Competition Authority (VCA) Description of topics related to investigative techniques Finding clues Collecting related materials (including on-site inspections) Having an interview Requesting a report Preparing necessary documents Example of Training Course held in 2010 (1) 8

Pick up a hypothetical bid-rigging case (based on the actual violation case in Japan) Example of Training Course held in 2010 (2) 9 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 10 StrengthsLimitations Group TrainingParticipants 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 venues StrengthsLimitations 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. JapanThe 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) 11

What is AISUP: Advocacy and Implementation Support Program? AISUP was originally launched as the Support System in 2008 and renamed in 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) 12

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 In the seminars, the USDOJ and the ACCC contributed as speakers. Examples of seminars under the AISUP 13 (Excerpt from the text used at this tele-seminar)

TA Inventory 14

Thank you very much for your kind attention! (JFTCs website) 15