CREATING AN EFFECTIVE COMPETITION AUTHORITY IN MYANMAR - By Pradeep S Mehta.
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Transcript of CREATING AN EFFECTIVE COMPETITION AUTHORITY IN MYANMAR - By Pradeep S Mehta.
![Page 1: CREATING AN EFFECTIVE COMPETITION AUTHORITY IN MYANMAR - By Pradeep S Mehta.](https://reader035.fdocuments.us/reader035/viewer/2022071806/56649d825503460f94a6864b/html5/thumbnails/1.jpg)
CREATING AN EFFECTIVE COMPETITION AUTHORITY IN
MYANMAR
- By Pradeep S Mehta
![Page 2: CREATING AN EFFECTIVE COMPETITION AUTHORITY IN MYANMAR - By Pradeep S Mehta.](https://reader035.fdocuments.us/reader035/viewer/2022071806/56649d825503460f94a6864b/html5/thumbnails/2.jpg)
Mingalar parOUTLINE
• Science for institutional building
• Key institutional design questions
• Criteria for evaluating competition law institutions
• Sequencing of competition law enforcement
• Challenges faced by young competition agencies
• Way Forward: Need to create competition culture
![Page 3: CREATING AN EFFECTIVE COMPETITION AUTHORITY IN MYANMAR - By Pradeep S Mehta.](https://reader035.fdocuments.us/reader035/viewer/2022071806/56649d825503460f94a6864b/html5/thumbnails/3.jpg)
Science of Institution Building for Competition Regimes
• Crafting a competition law appropriate to the country’s economic circumstances, regional commitments, legal environment and the socio-cultural situation• Establishing the priorities of the competition authority• Building the competition agency, including recruitment and
training of staff, development of case-handling expertise, etc• Developing a competition culture, including through relevant
public education activities• Developing support from the public and the highest authority in
the country.
![Page 4: CREATING AN EFFECTIVE COMPETITION AUTHORITY IN MYANMAR - By Pradeep S Mehta.](https://reader035.fdocuments.us/reader035/viewer/2022071806/56649d825503460f94a6864b/html5/thumbnails/4.jpg)
Who would investigate and initiate proceedings
What body would adjudicate contested
competition proceedings
Is there any role for political review by elected
officials of competition authority decisions
To what extent would competition decisions be
reviewed
Which branch of government would
conduct investigation
Key Institutional Design: Questions
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Criteria for evaluating competition law institutions
(i) Independence-Accountability:
Free from political interference; institutional independence for appointments, performance review etc
(ii) Expertise-Detachment:
High level expertise required for sector specific industries, interpretation of empirical data, etc
(iii) Transparency-Confidentiality:
High level of transparency in performing investigative enforcement and adjudicative function; sensitive issues to be kept confidential, etc
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Criteria for evaluating competition law institutions
(iv) Administrative efficiency-due process:
Many matters with which a competition law authority may be seized are time-sensitive (Eg. merger review)
(v) Predictability-Flexibility:
Significant value is placed on the predictability and consistency with which laws are applied.
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Sequencing of Competition Law Enforcement: Different Stages
Start Enhancement Advancement Maturity
Competition Advocacy and Education
Merger Control Regulation Second generation: international arrangements
Control of Horizontal Restraints
Vertical Restraints International co-operation
Pro-active competition advocacy
Checking Abuse of Dominance
Development: effects doctrine
Exceptions and Exemptions
Technical Assistance
Regional cooperation
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Challenges faced by new competition agencies
I. Borrow heavily from developed countries in designing their respective laws: does not effectively address the realities of the jurisdiction
II. Young agencies commonly report a lack of cooperation and coordination of policy: particular government ministries and other regulatory bodies lack coordination
III. Obstacles in dealing with cross-border anticompetitive conduct: lack formal and informal cooperative mechanisms with other countries’ authorities and immersion in a potential regional law
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Challenges faced by new competition agencies
IV. Overlapping jurisdiction of the competition authority and the judiciary: lack of specialized competence 0f public prosecutors, attorneys and judiciary
V. Extreme financial and human resource constraints: lack of specialized human capital within agencies and complementary educational and professional institutions
VI. Lack of a competition culture: lack of awareness among business community, government/non-government agencies, judiciary, public, etc
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Way Forward: Need to Create Competition Culture
• Building strategic alliances with other economic actors/stakeholders in the country and region: sector regulators, government agencies, media, legislature, academia, bar associations, trade unions, consumer organisations, chambers of commerce;
• Doing or getting research done into possible areas of economic governance and activity which reduces competition and diminishes consumer welfare, and disseminating the results widely as both academic outputs and reader- friendly briefings;
• Conducting public meetings and seminars for all stakeholders to demonstrate the benefits of enforcement actions, and build institutional credibility;
• Undertake other measures that enhance transparency and public appreciation of competition policy and actions, including a media strategy which can reach out to a large audience.