Competition Law Toolkit in the Context of a Developing Country

Cornelius Dube

CUTS Centre for Competition, Investment & Economic Regulation (CUTS C-CIER)

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Layout of the presentation

Competition Law toolkit? Why prepare toolkits? Intended uses Potential Beneficiaries Key components of the toolkit UTPs under the toolkit: An example Challenges in preparations

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Competition Law toolkit

Toolkit: set of devices to help accomplish tasks

Tools for building an effective competition law-Developing country context

Handbook on competition law implementation issues- country specific

Structural issues with respect to competition authorities

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Why prepare the toolkits?

For competition authorities in countries adopting competition laws (challenges, techniques etc)

Countries with Competition Bills

Consolidation of knowledge and experiences

Reader-friendly, simplification of complex issues

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Intended uses

Carrier of knowledge: awareness generation and capacity building

Promoting understanding on competition issues under different environments

Reference point: implementation and framework issues

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Potential beneficiaries

Government officials, including competition authorities

Different interested groups (lawyers, business,

CSOs, academics, students etc) Target countries:

7up3 countries; Namibia, Ethiopia, Malawi, Botswana, Mauritius, Mozambique and Zambia;

Other countries- Vietnam, India

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Components of the toolkits

1. Introduction Country background Background to competition law, etc

2. Market and Competition Market structures Market definition, etc

3. Restrictive Business Practices (RBPs) Anticompetitive agreements Abuse of dominant position

4. Mergers and Acquisitions Types of mergers Competition concerns

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Components of toolkits (Cont)

5. Unfair Trade Practices (UTPs): Competition & Consumer Protection

6. Cross-Border Issues

7. Competition & Intellectual Property Rights

8. Suggested Framework for the country

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UTPs under the toolkits: An example

Consumer protection Vs competition law Discussion of UTPs in general How UTPs are captured in the competition law

(Bill) Implementation issues given the competition law

(Bill) and their prevalence Suggested improvements to address identified

weaknesses.

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Challenges in preparing the toolkits

One toolkit published; Competition Law in Vietnam, A Toolkit (2007)

Major challenge-Information gaps and unavailability

Toolkits for some 7UP3 countries dropped (Ethiopia; Mozambique

Other toolkits in various stages of completion: (Botswana; Malawi; Mauritius; Namibia; and Uganda).

Intended for completion in 2008

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THANK YOU