IMPROVING TECHNICAL ASSISTANCE FOR NEWER AGENCIES implementing the findings Professor Eleanor M. Fox New York University Law School for Working Group on Competition Policy Implementation, Technical Assistance Subgroup ICN Moscow 30 May 2007

OVERVIEW Objective: –We propose to review and discuss 10 findings resulting from a detailed empirical survey regarding how to improve technical assistance Do they ring true? Are there others? How can we carry forward the project to help you?

THE FINDINGS 1. COLLABORATE ON DESIGN 2. ASSESS NEEDS BEFOREHAND 3. SELECT ACTIVITIES IN VIEW OF GOALS 4. USE EXPERIENCED, FLEXIBLE PROVIDERS 5. MATCH TA TO CAPACITY OF AGENCY TO ABSORB 6. FOR MORE MATURE AGENCY-consider longer term 7. FOR NEWER, LESS EXPERIENCED-shorter term 8. ….. -assistance with legislative drafting 9. NOTE THAT SUCCESS CORRELATES w/ MARKET FREEDOM 10. COORDINATE WITH BROADER MARKET REFORMS

1 COLLABORATION ON DESIGN Is collaboration on design a high priority for you in the course of TA projects? Is collaboration on design a high priority for you in the course of TA projects? Do you collaborate on design? Do you collaborate on design? If not, why not?If not, why not? What are the obstacles?What are the obstacles? How can the obstacles be overcome? How can the obstacles be overcome?

2 ASSESS NEEDS BEFOREHAND How important is assessment of needs? How important is assessment of needs? Do you carry an assessment out? Do you carry an assessment out? How long beforehand?How long beforehand? Methodically? In consultation? With whom?Methodically? In consultation? With whom? How interactive is your assessment? How interactive is your assessment? Would more interaction help? Would more interaction help?

3 LINK ACTIVITIES TO GOALS Are your goals and needs paramount in selecting the particular TA activities? Are your goals and needs paramount in selecting the particular TA activities? Who selects; who tailors; in consultation with whom? Who selects; who tailors; in consultation with whom? Do you sometimes feel constrained to accept whatever the donor offers? Do you sometimes feel constrained to accept whatever the donor offers? If so, how can this problem be overcome?If so, how can this problem be overcome?

4 Knowledgeable, flexible providers Have your providers been experienced, flexible, adaptable? Have your providers been experienced, flexible, adaptable? Have your advisors been from experienced competition agencies? Or have they been outside consultants? Have your advisors been from experienced competition agencies? Or have they been outside consultants? Is one background more valuable than the other?Is one background more valuable than the other? What qualities have your advisors lacked? What qualities have your advisors lacked? What obstacles do you see to obtaining the best possible providers of technical assistance? What obstacles do you see to obtaining the best possible providers of technical assistance?

5 TA APPROPRIATE TO AGENCY CAPACITY TO ABSORB Do you feel that the activities selected for your TA program were appropriate to your capacity to absorb? Do you feel that the activities selected for your TA program were appropriate to your capacity to absorb? As you gained capacity, did the program evolve to fit your new needs? As you gained capacity, did the program evolve to fit your new needs? If the program was not well matched to your capacity, where did it fall short? If the program was not well matched to your capacity, where did it fall short? How did this happen?How did this happen? Was there an information failure? Was there an information failure? Was there adequate communication, reevaluation, reassessment? Was there adequate communication, reevaluation, reassessment?

6 FOR MORE MATURE AGENCY Long term advisors and internships or study missions abroad can be very effective components for more mature recipients Long term advisors and internships or study missions abroad can be very effective components for more mature recipients Do you agree?Do you agree? What else works well for more mature recipients?What else works well for more mature recipients? What obstacles do long term programs pose?What obstacles do long term programs pose? Is there a problem with taking key employees away from their jobs? Is there a problem with taking key employees away from their jobs? Do confidentiality rules make long term TA less effective or even unworkable? Do confidentiality rules make long term TA less effective or even unworkable?

7-8 FOR AGENCIES WITH LESS EXPERIENCE AND SUPPORT Recommended: Recommended: Short term advisors, workshopsShort term advisors, workshops Assistance with legislative draftingAssistance with legislative drafting Does this correspond with your experience? Does this correspond with your experience? What else works well for these agencies? What else works well for these agencies? What obstacles exist to the success of these activities? What obstacles exist to the success of these activities?

9-10 Market freedom, relation to broader economic reforms Greater success is observed in jurisdictions with more market freedom Greater success is observed in jurisdictions with more market freedom Successful competition policy depends also on the larger community Successful competition policy depends also on the larger community E.g. good judges, competitive environment E.g. good judges, competitive environment Where larger community is unreceptive to markets, good TA is coordinated with a larger effort to promote economic reforms generally Where larger community is unreceptive to markets, good TA is coordinated with a larger effort to promote economic reforms generally Does this accord with your experience? Does this accord with your experience?

ASSESSING THE FINDINGS Which findings are most important to you? Collaborate on design, assess needs, choose programs appropriate to goals and capacity to absorb, select activities in view of agency maturity, obtain providers with experience/flexibility, include a voice for broader economic reforms Which, if implemented, can help the most? What suggestions for improved TA have these findings missed?

Operationalizing the Findings If these findings can be useful to you, how? Consider: Greater publicity –E.g., would it be helpful for it to be well known that active, continuing involvement of all stakeholders in the design produces more effective technical assistance? ICN direct engagement with donor community Recommended practices or guidelines Other- What would be most helpful?