COMMONALITIES AND EMERGING ISSUES: COURSE FOR THE FUTURE

by

Philippe Brusick

Chairman, CUTS GRC

COMMONALITIES AND EMERGING ISSUES: COURSE FOR THE FUTURE

CONTENTS

• Concerns before adoption of the Law

• Difficulties after adoption of the Law

• Institutional Problems

• Emerging Issues

• Course for the Future

COMMON CONCERNS BEFORE ADOPTION OF A COMPETITION LAW

• The market is too small for competition

• Need to protect domestic firms and local employment

• Cartels can preserve local markets viz FDI

• Competition Law will scare FDI

• Merger control weakens local firms viz multinationals

DIFFICULTIES AFTER ADOPTION OF COMPETITION LAW

• Long delays before creating the Competition Authority

• Budgetary and other constraints

• Lack of « independence » from Government

• Difficult interaction with Sector Regulators

• Confusion between Competition rules and « unfair competition »

INSTITUTIONAL PROBLEMS

• Role-sharing between Directorate General at Ministry and Competition Authority

• Lack of appropriate financing of CA

• Lack of powers of the CA

• Weak Priorities and unclear Objectives

• Lack of public visibility and understanding

EMERGING ISSUES

• Conflicting roles between Regional and national Competition authority

• Changes of Government

• Changed Economic circumstances

• Priorities in Financial and Economic crisis

• « Too big to fail » companies

COURSE FOR THE FUTURE

• Creating public awareness

• The role of the Media with public opinion

• Civil Society and Consumer Protection

• Role of Regional Trade Agreements

• Role of Multilateral Trade Negotiations

• Capacity building and Technical assistance

THANK YOU FOR YOUR ATTENTION

philippe.brusick@gmail.com

www.prbrusick.org