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Engaging Civil Society to Promote Competitive Reforms in Developing Countries

Engaging Civil Society to Promote Competitive Reforms in Developing Countries. SEMINAR ON COMPETITION LAW AND CONSUMER WELFARE 3 rd November, 2011, Malaysia Udai S. Mehta Asst. Director, CUTS & Centre Coordinator, CCIER. Outline. About CUTS Overview of Experiences

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Engaging Civil Society to Promote Competitive Reforms in Developing Countries

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  1. Engaging Civil Society to Promote Competitive Reforms in Developing Countries SEMINAR ON COMPETITION LAW AND CONSUMER WELFARE 3rd November, 2011, Malaysia Udai S. Mehta Asst. Director, CUTS & Centre Coordinator, CCIER

  2. Outline • About CUTS • Overview of Experiences • CSOs participation in evolution of a competition regime • Impediments in engagement: CSOs • Conclusion & Way Forward • World Competition Day

  3. CUTS International • Genesis: 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

  4. How we began in 1984…. Gram Gadar (Village Revolution) Matchbox Story Reaching out to the Consumers

  5. 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

  6. 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

  7. 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

  8. CSO Participation in Evolution (cont’d) Stage III: Actual Implementation of Law • CSOs working as Allies • Limitations pertaining to human and financial resources • Need to develop synergies with civil society organisations • Pro-active civil society engagement

  9. 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

  10. Conclusion & Way Forward Conclusion • Strong political will, commitment and vision • Build capacity of CSOs on competition law & policy issues • Ability of CSOs to sensitise other stakeholders • Identify and report anti-competitive practices • Commitment from the International Development Community • Networking (International Network for CSO on Competition (INCSOC) Way Forward • Declare and observe a World Competition Day

  11. Terimakasih CUTS INTERNATIONAL D-217, Bhaskar Marg, Bani Park, Jaipur 302 016, India Ph: 91.141.228 2821; Fx: 91.141.228 2733/2485Em: usm@cuts.org ;cuts@cuts.org Web: www.cuts-international.org ; www.cuts-ccier.org

  12. ANNEXURES

  13. The 7UP Model for Competition Reforms 7UP

  14. 7Up Coverage

  15. 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

  16. 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 www.incsoc.net http://www.competitionregimes.com/

  17. World Competition Day-05th December • UN General Assembly adopted the UN Set on Competition Policy on 5thDecember 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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