COMMONALITIES AND EMERGING
ISSUES: COURSE FOR THE FUTURE
by
Philippe Brusick
Chairman, CUTS GRC
COMMONALITIES AND EMERGING
ISSUES: COURSE FOR THE FUTURE
CONTENTS
•
•
•
•
•
Concerns before adoption of the Law
Difficulties after adoption of the Law
Institutional Problems
Emerging Issues
Course for the Future
COMMON CONCERNS BEFORE
ADOPTION OF A COMPETITION LAW
• The market is too small for competition
• Need to protect domestic firms and local
employment
• Cartels can preserve local markets viz FDI
• Competition Law will scare FDI
• Merger control weakens local firms viz
multinationals
DIFFICULTIES AFTER ADOPTION OF
COMPETITION LAW
• Long delays before creating the
Competition Authority
• Budgetary and other constraints
• Lack of « independence » from
Government
• Difficult interaction with Sector Regulators
• Confusion between Competition rules and
« unfair competition »
INSTITUTIONAL PROBLEMS
• Role-sharing between Directorate General
at Ministry and Competition Authority
• Lack of appropriate financing of CA
• Lack of powers of the CA
• Weak Priorities and unclear Objectives
• Lack of public visibility and understanding
EMERGING ISSUES
• Conflicting roles between Regional and
national Competition authority
• Changes of Government
• Changed Economic circumstances
• Priorities in Financial and Economic crisis
• « Too big to fail » companies
COURSE FOR THE FUTURE
•
•
•
•
•
•
Creating public awareness
The role of the Media with public opinion
Civil Society and Consumer Protection
Role of Regional Trade Agreements
Role of Multilateral Trade Negotiations
Capacity building and Technical
assistance
THANK YOU FOR YOUR ATTENTION
philippe.brusick@gmail.com
www.prbrusick.org