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Competition Law Toolkit in the Context of a Developing Country

Competition Law Toolkit in the Context of a Developing Country. Cornelius Dube CUTS Centre for Competition, Investment & Economic Regulation (CUTS C-CIER). Layout of the presentation. Competition Law toolkit? Why prepare toolkits? Intended uses Potential Beneficiaries

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Competition Law Toolkit in the Context of a Developing Country

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  1. Competition Law Toolkit in the Context of a Developing Country Cornelius Dube CUTS Centre for Competition, Investment & Economic Regulation (CUTS C-CIER)

  2. Layout of the presentation • Competition Law toolkit? • Why prepare toolkits? • Intended uses • Potential Beneficiaries • Key components of the toolkit • UTPs under the toolkit: An example • Challenges in preparations

  3. Competition Law toolkit • Toolkit: set of devices to help accomplish tasks • Tools for building an effective competition law-Developing country context • Handbook on competition law implementation issues- country specific • Structural issues with respect to competition authorities

  4. Why prepare the toolkits? • For competition authorities in countries adopting competition laws (challenges, techniques etc) • Countries with Competition Bills • Consolidation of knowledge and experiences • Reader-friendly, simplification of complex issues

  5. Intended uses • Carrier of knowledge: awareness generation and capacity building • Promoting understanding on competition issues under different environments • Reference point: implementation and framework issues

  6. Potential beneficiaries • Government officials, including competition authorities • Different interested groups (lawyers, business, CSOs, academics, students etc) • Target countries: • 7up3 countries; Namibia, Ethiopia, Malawi, Botswana, Mauritius, Mozambique and Zambia; • Other countries- Vietnam, India

  7. Components of the toolkits • Introduction • Country background • Background to competition law, etc • Market and Competition • Market structures • Market definition, etc • Restrictive Business Practices (RBPs) • Anticompetitive agreements • Abuse of dominant position • Mergers and Acquisitions • Types of mergers • Competition concerns

  8. Components of toolkits (Cont) • Unfair Trade Practices (UTPs): Competition & Consumer Protection • Cross-Border Issues • Competition & Intellectual Property Rights • Suggested Framework for the country

  9. UTPs under the toolkits: An example • Consumer protection Vs competition law • Discussion of UTPs in general • How UTPs are captured in the competition law (Bill) • Implementation issues given the competition law (Bill) and their prevalence • Suggested improvements to address identified weaknesses.

  10. Challenges in preparing the toolkits • One toolkit published; Competition Law in Vietnam, A Toolkit (2007) • Major challenge-Information gaps and unavailability • Toolkits for some 7UP3 countries dropped (Ethiopia; Mozambique • Other toolkits in various stages of completion: (Botswana; Malawi; Mauritius; Namibia; and Uganda). • Intended for completion in 2008

  11. THANK YOU

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