Role of Stakeholders in promoting competition reforms How competition reforms benefit our daily lives ? OFC - PIDS - CUTS Competition Advocacy Seminar 4 th November 2014, Manila, The Philippines

Outline 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 Lives 3

Competition Advocacy: What & Why “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 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 reforms 6 POLICYMAKERS, COMPETITION AGENCY, CONSUMER PROTECTION AUTHORITY, CIVIL SOCIETY, ACADEMIA, SECTOR REGULATORS, MEDIA, BUSINESS ASSOCIATIONS, DEVELOPMENT PARTNERS LEGAL FRATERNITY, JUDICIARY, ETC.

Policymakers Policy makers: government officials who make policies together with parliamentarians Expected Roles o Lay out conducive policy and legal frameworks o Release resources for functioning of institutions o Monitoring and accountability Conditions precedent o Appreciation of benefits from competition reforms o Capacity to implement policies 7

Competition Agency Established by the competition law, tasked with enforcement Expected roles o Effective enforcement of competition law o Communication with key stakeholders and beneficiaries o Activities aimed at curbing ACPs, promoting competition culture and awareness o Undertake competition advocacy Conditions precedent o Subject knowledge and skills o Human and financial resources o Functional autonomy o Good interface with complementary institutions 8

Civil Society/Consumer Organisations Organizations advocating for the rights of consumers Expected Roles o Watchdogs for competition and consumer authorities o Mobilising consumers voice on need for protection o Advocacy and pressure for competition reforms to help achieve desirable goals for consumers Conditions precedent o understanding on competition and consumer issues o Capacity for interaction with various stakeholders o Support from development partners o Recognition by the relevant authorities 9

Academia University department, research institutions and organisations Expected Roles o Policy research and advice o Assist CA in doing research in DCs o Capacity building for officials Conditions precedent o Integration of competition policy and law in curriculum o Knowledge of competition and consumer issues by researchers 10

Sector Regulators Regulatory authority established by sector specific legislation Expected Roles o Promote competition in their respective sectors o Make decisions that have a bearing on competition o Protect consumer interests in their sectors Conditions Precedent o Resources to carry the tasks o Good legal framework o Sound working relations with competition authority 11

Business Regulated entity hence has big role to play Expected Roles o Competing fairly and avoid consumer violations o Being sources of information for competition authority o Business associations promoting understanding on competition among members (firms) o Associations staying clear from anticompetitive conduct Conditions precedent o No regulatory capture o Acceptance of competition reforms by (big) businesses o Friends of competition (Business leaders…) 12

Media Communicating with the general public (print, electronic, etc.) Expected Roles o Promote greater public awareness of issues o Awareness on institutions and legal framework o Highlight possible anticompetitive practices, consumer/business harm o Constructive criticism Conditions precedent o Availability of trained reporters o Willing contributors (articles, reports, etc) o Good interaction with institutions (press releases etc) 13

Legal Fraternity Legal practitioners (for business and in competition agency) Expected Roles o Educate clients on compliance mechanisms o Help judiciary establish case laws o Ensure careful enforcement of laws o Help identify loopholes in the administration system Conditions precedent o Proper understanding of the provisions of the law, and goal o Quick justice delivery system 14

Judiciary The buck stops at the judiciary, hence determines efficiency of system Expected Roles o Efficient disposal of related trials/cases o Establish case laws Conditions precedent o Knowledge on the subjects o Conducive platform for presiding cases 15

Conclusions 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 ( ccier.org/CREW) in Philippineswww.cuts- ccier.org/CREW 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

THANK YOU! Rijit Sengupta 18