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

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