1 / 23

IMPLEMENTATION OF COMPETITION LAW - Experiences from Botswana by Thula Kaira - CEO

IMPLEMENTATION OF COMPETITION LAW - Experiences from Botswana by Thula Kaira - CEO CUTS/IFC/BICF Seminar on Moving the Competition Law Agenda forward in Bangaladesh Dhaka, 2 - 3 July 2012. PRESENTATION OUTLINE. 1. INTRODUCTION. 1. INTRODUCTION cont’d. 1. INTRODUCTION cont’d.

gary
Download Presentation

IMPLEMENTATION OF COMPETITION LAW - Experiences from Botswana by Thula Kaira - CEO

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. IMPLEMENTATION OF COMPETITION LAW - ExperiencesfromBotswana • by • ThulaKaira- CEO • CUTS/IFC/BICF Seminar on Moving the Competition Law Agenda forward in BangaladeshDhaka, 2 - 3 July 2012

  2. PRESENTATION OUTLINE

  3. 1. INTRODUCTION

  4. 1. INTRODUCTION cont’d

  5. 1. INTRODUCTION cont’d

  6. 3. EXPERIENCES FROM BOTSWANA • Botswana is a member of the international community of trading nations and its ability to access foreign markets requires that its firms are competitive. Competition precludes competitiveness (eg SACU FTA, SADC, EPAs…) • As Bangaladeshi embarks on a process of developing its law, there is need to identify and maintain a support base for a highly misunderstood, to include:

  7. EXPERIENCES …cont’d

  8. EXPERIENCES …cont’d • Identification of the ‘friends of competition’ shouldideallyfollowthisorder: • The Policy Makers (for fundingpurposes) • The technocrats (for regulationsto beprocessed) • The media (to begin to understand the concepts) • Ultimately, a small business and consumer base is the ultimate power base, but itdepends on theirproperunderstanding of the law (henceneed for sustainedadvocacy)

  9. EXPERIENCES …cont’d • RecogniseGovtis the owner of the Competition Policy and Law – thusits agents entrustedwithimplementingthislaw must takeGovtpolicyintoacccount. • In Botswana, we have had to: • Master Govtdevelopmental vision • Play an impartial advisoryrole (advocacy) to Govtwheretheremaybeconflictswithpolicy • Takeintoaccount ‘overriding’ public interests

  10. EXPERIENCES …cont’d

  11. EXPERIENCES …cont’d • WHILE the lawmaybe in the abstract for most people, the effect of the decisions of a CA are usually self-evident (egwhere a mergerisprevented and loss of jobs occur) – theories dont sooth PAIN… • Developingcountries such as Botswana have thusinculcated certain public interestconsiderations to betakenintoaccountwhendealingwithcompetitionmatters, inter alia:

  12. EXPERIENCES …cont’d • Maintainlowerprices, higherquality or greaterchoice for consumers • Promoteor maintain efficient production, distribution or provision of goods & services • Advancethe strategic or national interest of Botswana in relation to a particulareconomicactivity; • Providesocial-benefitswhichoutweigh the effects on competition;

  13. EXPERIENCES …cont’d • Occurwithin the context of a citizenempowerment initiative of Government; • Furtherother national development programs • In thiscontext, we have approved or rejectedmergers for instance based on P.I issues • The Actalso has exemptions (except for cartels) based on P.I considerations

  14. EXPERIENCES …cont’d • The State has limited the extent of application of the law to sectorswherethereis a statutorymonopoly (& this has to berespected by a CA): • Botswana Meat Corporation • Botswana Power Company • Air Botswana (untilrecently) • Botswana Telecomm. Company (on fixedlandline) • Botswana Rail

  15. EXPERIENCES …cont’d • DONT take on everythingat once – priortiseeg: • Contractfarming arrangements in the agriculture sector • Role of middle-men in excessive or predatorypricing of agriculture goods • Industries dominated by the samefirms (long termview) • ProtectedSOEs

  16. 4. INDEPENDENCE/AUTONOMY?

  17. INDEPENDENCE…cont’d • There isneed to ensurethat the investigation isseparatedfrom the adjudication in effect and not just on paper • Structural autonomyis relevant wherethereis a low culture of the rule of law • Accountability on use of funds and reporting to Parliamentthrough an Annual Report are important • Need to have strict code of conduct • CHE GUEVARA: ‘He whoreceives gifts loseshisfreedom’…

  18. 5. CONCLUSIONS • Competition Policy shouldbecarefullyhandledbecauseiteasilyattractswellcoordinated, connected, resourceful and more powersenemies but weaker and fragmentedfriends • A competitionlawthatdoes not makesense to policymakers and generalcitizenrywillnot befunded • Ideal expertise must beattracted, motivated and retained to developadvocacy & enforcementskills • Avoidquotingtoomanytheories:

  19. JUST DO IT!

More Related