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INFORMATION SHARING IN CARTEL by Thula Kaira - CEO

INFORMATION SHARING IN CARTEL by Thula Kaira - CEO Presentation to the ICN 2012 Cartel Wokshop - Mini Plenary 4 on Information Exchange Panama, Panama City 2 – 4 October 2012. Introduction Botswana’s Legal Framework on Information Sharing Regional agreements on information sharing

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INFORMATION SHARING IN CARTEL by Thula Kaira - CEO

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  1. INFORMATION SHARING IN CARTEL • by • ThulaKaira- CEO • Presentation to the ICN 2012 Cartel Wokshop - Mini Plenary 4 on Information Exchange Panama, Panama City • 2 – 4 October 2012

  2. Introduction • Botswana’s Legal Framework on Information Sharing • Regional agreements on information sharing • Botswana’s information sharing experiences • Hypothetical Case Application • Challenges PRESENTATION OUTLINE

  3. Information sharing has been a common feature in other matters of regional trade arrangements such as non-tariff & tariff related barriers • With regional/multilateral trading system comes along cross-border and global cartel activity too • Information sharing in competition is critical for: • Cartel detection • Cartel Investigation • Cartel prosecution • Sending a unified anti-trust voice to cartelists 1. INTRODUCTION

  4. 3. REGIONAL ARRANGEMENTS IN COMPETITION POLICY COOPERATION

  5. 4. BOTWANA’S INFO SHARING EXPERIENCES • The Competition Authority in Botswana has been in existence since April 2011 but has learnt well from its more advanced neighbouring and other overseas competition authorities • While our Competition Act call for more formal cooperation, most of the cooperation has actually occurred informally, as the diagram below shows:

  6. 5. HYPOTHETICAL CASE APPLICATION • Under ourAct, «Confidential Information» has not been definedsoitwouldbe a case-by-case determination • Wecurrently have no leniencypolicy but would, in principle, use the SADC Guidance Note on Leniency Programs • Wherethereis a formal agreement (I believeBTAs, SADC wouldsuffice) wewouldprovide the relevant info about the leniency application by CropPro to S/Africa, Nambia, Tanzania, Zambia,etc • Reciprocitywouldplay a major role

  7. 6. CHALLENGES • Varieddefinitions of confidential information • Unreasonable administrative interpretation/ understanding of confidential information • Timeliness of information submissionwhenrequested • Submission of unhelpful, public domain information • Lack of passion for information sharing • Bureaucratichurdles as may arise • «Negativereciprocity» • Difficult to cooperatewherethere has been no previousexperience of cooperation/ familiarity

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