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Engaging Civil Society to Promote Competitive Reforms in Developing Countries
SEMINAR ON COMPETITION LAW AND CONSUMER WELFARE3rd November, 2011, Malaysia
Udai S. MehtaAsst. Director, CUTS &Centre Coordinator, CCIER
Outline
About CUTS
Overview of Experiences
CSOs participation in evolution of a
competition regime
Impediments in engagement: CSOs
Conclusion & Way Forward World Competition Day
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CUTS InternationalGenesis: Consumer rights organisation est. in 1983
Broad areas of work: Trade, Regulation and Governance
Active programmes on competition, economic regulation and consumer policy and law issues in 30 countries of Africa, and Asia…. and growing
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How we began in 1984….
Matchbox Story Gram Gadar (Village
Revolution)
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Overview of Experiences
Completed projects in more than 30 developing countries across Asia and Africa
In a nutshell, the important considerations: Convergence between competition and
consumer protection policies: Consumer Welfare and Business Welfare
Limited resources within the institutions
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CSO Participation in Evolution
Stage I: Evolution of a Competition Law
Long term planning Botswana
Clear Policy Directives To engage civil society organisations – Kenya, Zambia
and Gambia Seek their participation -- “Working Group on
Competition Policy’ in Mozambique and India
Public Consultation Opportunity to provide comments on draft laws –
Ghana, India, Bangladesh, Zambia, Vietnam, etc Builds up interest, knowledge and ownership
Create a Culture of Competition
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CSO Participation in Evolution (cont’d)
Stage II: Developing the Environment
Sensitisation of Multiple Stakeholders Bottom Up Approach (7Up Model)
Academic curricula in Universities Bangladesh, Ethiopia, India and Vietnam
Motivating Research on Competition: Market Research Studies
DFID, Bangladesh Competition Commission, Kenya Ministry of Corporate Affairs, India
Media has a prominent role to play
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CSO Participation in Evolution (cont’d)
Stage III: Actual Implementation of Law
CSOs working as AlliesLimitations pertaining to human and financial
resources Need to develop synergies with civil society
organisationsPro-active civil society engagement
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Impediments in Civil Society Engagement Lack of Continuity
Garnering resources for functioning Developing capacity Continuous engagement
Contradictions and Conflicts When many CSOs working on policy issues Differences of opinion Difficulty to form consensus
Limited understanding of concepts among Civil Society
Conducive environment for CSO engagement
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Conclusion & Way Forward
ConclusionStrong political will, commitment and visionBuild capacity of CSOs on competition law & policy issuesAbility of CSOs to sensitise other stakeholdersIdentify and report anti-competitive practicesCommitment from the International Development CommunityNetworking (International Network for CSO on Competition (INCSOC)
Way ForwardDeclare and observe a World Competition Day
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Terima kasih
CUTS INTERNATIONALD-217, Bhaskar Marg, Bani Park, Jaipur 302
016, India Ph: 91.141.228 2821; Fx: 91.141.228
2733/2485Em: [email protected] ; [email protected]
Web: www.cuts-international.org ; www.cuts-ccier.org
ANNEXURES
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The 7UP Model for Competition Reforms
7Up Coverage
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7Up Countries
7Up 1 India, Kenya, Pakistan, South Africa, Sri Lanka, Tanzania and Zambia
7Up 2 Bangladesh, Cambodia, India, Lao PDR, Nepal and Vietnam
7Up 3 Botswana, Ethiopia, Malawi, Mauritius, Mozambique, Namibia and Uganda
7Up 4 Anglophone: Ghana, Nigeria, Sierra Leone and The GambiaFrancophone: Burkina Faso, Cote D'Ivoire, Senegal and Togo
7Up5 (Proposed
)
South East Asia? MENA region?
We did make a difference….. Facilitated forward movement for enactment of
law in Bangladesh, Ghana, etc Significant media attention to create awareness Creation of a network for CSOs – INCSOC Understanding of partner organisations were
improved Inclusion of CSO representatives:
– Jyoti Baniya, Nepal appointed member of the Competition Promotion Board
– Omar Jobe, Gambia appointed as Commissioner of Gambia Competition Commission
– Mbissane Ngom, Sengal appointed as Vice-Chairman of Senegalese Competition Agency
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International Network for Civil Society Organisations on Competition (INCSOC)
A Network of 120 members from 53 countries
Members represent CSOs, Research Institutes and Parliaments
Close contact with international organisations
Milestone Publication Competition Regimes in the World – A
Civil Society Report
World Competition Day-05th December
UN General Assembly adopted the UN Set on Competition Policy on 5th December 1980
Occasion to propagate the benefits of competitive markets and harmful effects of anticompetitive behaviour to citizens
Competition Agencies: Namibia, Pakistan, Russia, Zimbabwe, OFT, Fiji, etc
2nd Call for WCD for 05th, December, 2011: “Cartels and its harmful effects on Consumers”
Please, visit us on Facebook Page:http://www.facebook.com/pages/World-Competition-Day/290639527631624
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