Regional Cooperation in Training- JFTC’s approach -

October 11th, 2011Tetsuji YOKOTE

Japan Fair Trade Commission (JFTC)

(ICN Cartel Workshop Mini Plenary Session 1: Regional Cooperation)

ICN Membership

2

The number of ICN members reached 116 as of July 1st, 2011.

Periods of Introducing Competition Laws

3

Number of jurisdictions

until 1909 1910 ～ 1950 1950’s 1960’s 1970’s 1980’s 1990’s 2000’s

45

10

5

More than half of jurisdictions have less than almost 20 years’ experience in enforcing competition laws.

Note: Counted by the JFTC

How are “capacity building” and “technical assistance” defined? Capacity building: The larger process of putting into place, at the

national or regional level, sustainable competition policy frameworks and processes.

Technical assistance (TA): Components of capacity building that include the transfer of skills and know how from one agency or jurisdiction to another.

Cited: International Competition Network, Competition Policy and Implementation Working Group, Subgroup 1, “Assessing Technical Assistance for Competition Policy (May 2006),” at 1.

Capacity Building and Technical Assistance

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Provide adequate TA programs and tools, especially those reflecting the recipient agencies’ individual needs.

Pick up the well-experienced and knowledgeable issues or topics for donor agency.

Formulate TA programs or tools from the long-term standpoint.

Three tips of technical assistance

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JICA Frameworks Group Training Country-focused Training

Main framework of JFTC’s activities

6

international Frameworks APEC (CPLG: Competition Policy and Law Group) ICN (AIN: Advocacy and Implementation Network) ASEAN (AEGC: ASEAN Experts Group on Competition) OECD (KPC: Korea Policy Center)

* JICA (Japan International Cooperation Agency) is an independent administrative institution which aims to contribute to the promotion of international cooperation by supporting the socioeconomic development, recovery or economic stability of developing regions.

Group TrainingThe JFTC organized training courses almost every year since 1994. To the date the JFTC has conducted 17 training courses for 181 trainees from 49 countries.

JICA Framework (1)

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Period Theme Participants

August – September, 2008 Japanese competition law 13 officials from 10 countries

August – September, 2009 Japanese competition law 10 officials from 7 countries

August – September, 2010 Japanese competition law 9 officials from 6 countries

September – October, 2011 Japanese competition law 7 officials from 4 countries

(Recent Examples)

Country-focused TrainingExamples of country-focused training are the followings.

JICA Framework (2)

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Type Organization Number of times Venue

Long-term Advisor Commission for the Supervision of Business Competition (KPPU)

3 officials Indonesia

Training Course Commission for the Supervision of Business Competition (KPPU)

8 times Japan

Type Organization Number of times Venue

Long-term Advisor Vietnam Competition Authority (VCA)

2 officials Vietnam

Training Course Vietnam Competition Authority (VCA)

5 times Japan

1. Indonesia

2. Vietnam

The Training Course in cooperation with JICAPeriod: April 7th to 27th, 2010Venue: JFTC Office in Tokyo, JAPANParticipants: 5 officials from the Vietnam Competition Authority

(VCA)

Description of topics related to investigative techniquesFinding cluesCollecting related materials (including on-site inspections)Having an interviewRequesting a reportPreparing necessary documents

Example of Training Course held in 2010 (1)

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Pick up a hypothetical bid-rigging case (based on the actual violation case in Japan)

Example of Training Course held in 2010 (2)

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Q1. What kind of conduct do you think are there in this case?

Q2. On what kind of trade or services are restricted competition in this case?

Q3. In addition to the above information, what information is needed in order to look into its credibility and initiate investigation?

Q4. What should you do in order to obtain such additional information?

Your agency received an anonymous call: “I heard that the company X would be a winning bidder of the construction of the State South Hospital in the City of H. Since 2008, the major constructors in the City of H are to be awarded all the construction/reconstruction of state hospitals. I also heard that the constructors actually met to discuss the bidding price.”

The sample questions concerning “finding clues” are;

From the viewpoints of the number of participating jurisdictions

Strengths and Limitations

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Strengths Limitations

Group Training Participants from various jurisdictions have a chance to deepen their mutual understanding.

As topics will be chosen which fit to all the participants from jurisdictions at various development stages, they tend to be relatively broad.

Country-focused Training

It is much easier to design the program which reflects the specific needs of the recipient agency.

Intensive input of resources are needed despite the limited budget and human resources.

From the viewpoints of the venuesStrengths Limitations

City where the recipient agency is located

More staff of the recipient agency can join the program.

Topics are relatively limited because donor agency can dispatch limited number of staff.

Japan The JFTC can put a lot of experienced staff to the program and pick up various topics.

Limited number of staff from the recipient agency can join the program.

What is “AIN”: Advocacy and Implementation Network?

Since 　 2007, the Japan Fair Trade Commission has been leading a group of Working Group representatives and other interested members as the Advocacy and Implementation Network (AIN) to promote and advocate the use of ICN work products by competition authorities throughout the world.

AIN members join conference calls to discuss how to promote the advocacy and implementation of ICN work products, in particular, through the AISUP.

International Framework (1)

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What is “AISUP”: Advocacy and Implementation Support Program?

AISUP was originally launched as the “Support System” in 2008 and renamed in 2009.

Through the AISUP, ICN members can seek advice about specific ICN work products or receive assistance on how ICN recommendations and other guidance documents might be implemented within their jurisdictions.

International Framework (2)

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Tele-seminar on ICN Anti-Cartel Enforcement Manuals

Responding to the request from the Vietnam Competition Authority (VCA), the JFTC held the tele-seminars on the ICN Anti-Cartel Enforcement Manuals, especially focusing on detection of cartels and cartel investigation, from April to July 2010.

In the seminars, the USDOJ and the ACCC contributed as speakers.

Examples of seminars under the AISUP

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(Excerpt from the text used at this tele-seminar)

TA Inventory

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AC

CC

JF

TC

KF

TC

CT

FT

C

US

DO

J/ F

TC

JICA/JFTC Local Seminar onCompetition Law/Policy

JICAJFTC

X 2010 Mar 2 daysTagaytay,Philippines

Sin

gle

50

A seminar on capability buildingfor a comprehensive nationalcompetition policy for competitionrelated authorities in Philippines.

X X 50

JICA/JFTC Training Course onCompetition Law/Policy

JICA, JFTC X 2010 Apr 3 weeks Tokyo

Sin

gle

5

A training course on InvestigationPractice. The training coursewas held with the participation of5 officials from VietnamCompetition Authority (VCA).

X X X 5

JICA/JFTC Training Course onCompetition Law/Policy

JICAJFTC

X 2010 May 3 weeks Tokyo

Sin

gle

11

A training course on competitionlaw and policy. The trainingcourse was held with theparticipation of 11 officials fromSupervisory of BusinessCompetition (KPPU).

X X X X X X X X X X 11

2nd AISUP for VCAICNJFTC

X X 2010May -

Jul5 times Hanoi

Sin

gle

-(*5)

Teleseminars to introduce ICNwork products for VCA

X X-

(*5)

Dispatching Long Term AdvisorJICAJFTC

X2010

-2012

Jul 2 years Hanoi

Sin

gle

-(*5)

1. Provide locally based technicalassistance as a resident advisor2. Technical assistance activitiesinclude a) transferring Japan'sexperience and knowledge, b)providing guidance inimplementing competition law, c)planning and implementing ad-hoc seminars

X X X X X X X X X X X X-

(*5)

JICA/JFTC Group TrainingCourse

JICAJFTC

X X X X 2010Aug -Sep

1 monthTokyo,Osaka

Multip

le

3

A training course on Japanesecompetition law/policy. Thetraining course was held with theparticipation of officials fromcompetition (related) authoritiesall over the world.

X X X X X X X X X 1 2

JICA/JFTC Training Course onCompetition Law/Policy

JICAJFTC

X 2010 Aug 2 weeks Tokyo

Sin

gle

10

A training course on Market andPolicy Research. The trainingcourse was held with theparticipation of 10 officials fromCommission for Supervisory ofBusiness Competition (KPPU).

X X X 10

6th East Asia Conference onCompetition Law/Policy

ADBI,JFTC,KFTC

X X X 2010 Sep 1 day Seoul

Multip

le

31

An advocacy-purposedconference among East Asiaeconomies targeted at bothcompetition agencies and privatesectors.

X X 1 8 4 1 3 1 2 4 4 3

PROGRAM INFORMATION Mode of Assistance SUBSTANTIVE AREASNumber of Participants from each Recipient

Economy (*4)

Title of ProgramMain

Provider/Organizer

Provider of ResourcePerson (such as

speaker andModerator)

Year Month Duration Location

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Brief Description

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Sin

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Thank you very much for your kind attention!

(JFTC’s website)http://www.jftc.go.jp/en/index.html

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