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Capacity building and EU cooperation with third countries in the field of competition policy. Sam Pieters International Relations Unit DG COMP 12/11/2012 Sofia Competition Forum. Capacity Building and International Cooperation between competition agencies.
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Capacity building and EU cooperation with third countries in the field of competition policy Sam Pieters International Relations Unit DG COMP 12/11/2012 Sofia Competition Forum
Capacity Building and International Cooperation between competition agencies • Global economy – companies operate across borders, while jurisdictions are national/regional • Proliferation of competition regimes around the world – more than 100 jurisdictions today • Benefits of international co-operation and capacity building: • efficiency gains in parallel investigations + cutting red tape • working for convergence of competition policy • creating a more level playing field • Not only sound principles but also effective enforcement capacity (operationally independent authority, resources, powers, skilled staff, …)
What is the EU’s policy response? • European Competition Network: managing the parallel application of the EU Competition rules by National Competition Authorities and the European Commission. • EU Enlargement: supporting the introduction and implementation of competition policy in view of EU accession (Croatia to become new EU Member State on 1/7/2013; other candidate countries include Serbia, Montenegro). • Bilateral competition specific cooperation: with competition authorities of main trading partners and EU Neighbourhood policies (FTAs, MoUs,…). • Multilateral co-operation: working in international fora (ICN, OECD, UNCTAD,...)
EU Technical Assistance in the field of Competition Policy • Catalogue of Instruments under EU’s Assistance programmes: • Demand driven • Conferences, workshops, seminars etc. • Study tours to European Competition Authorities /Courts • Hire experts to • Assist in drafting rules, regulations, guidelines and manuals • Advice on the setting up of a competition authority/procedures • Provide staff training • Make academic studies • Competition Advocacy • Internships with European Competition Authorities • DG Competition direct involvement (a resource in very scarce supply): • DG Competition officials participation in workshops etc. • DG Competition hosting smaller technical meetings etc. • Internships in DG Competition • Advice on; drafting rules, design of authorities, selection of experts, content of trainings.
EU Technical Assistance Western Balkans: some examples • Stabilisation and Association agreements; Pre-accession assistance for Western Balkan (IPA): EUR 11.5 billion for 2007-2013; • TAIEX Programme(cooperation with DG Enlargement): • - Albania: Study visit on state aid organized by French Autorité de la Concurrence (May 2011) • - Bosnia and Herzegovina: Study visit on Merger control to UK OFT (April 2011) • - Croatia: Twinning project with EC on implementing Croatian Competition and State aid Policies • Bilateral events DG Competition: • - Serbia: State aid seminar organized by DG Competition (January 2012) - Albania: Study visit experts to DG Competition on wide range of competition related issues (2012)
Lessons learnt • A successful technical assistance program requires active collaboration between the recipient, the donor, and the provider of the assistance • An effective technical assistance program requires a clear assessment of the needs of the new competition agency and the environment within which it will operate • The content of a technical assistance project should be clearly linked to the goals and objectives of the program and the advisors of a high quality • The content of the technical assistance program should evolve in line with the absorption capacity of the agency • Providers of technical assistance should be knowledgeable and experienced in the application of competition law
Conclusions • Competition policy is a vital part of global economic governance • Divergences of law and policy remain significant • Mechanisms of co-operation need improvement • Best practices must spread around the globe • Competition agencies must co-operate • Dilemma for DG Competition: We are happy to assist – to the extent resources permit