CREATING AN EFFECTIVE
COMPETITION AUTHORITY IN
MYANMAR
- By Pradeep S Mehta
Mingalar par
OUTLINE
• Science for institutional building
• Key institutional design questions
• Criteria for evaluating competition law institutions
• Sequencing of competition law enforcement
• Challenges faced by young competition agencies
• Way Forward: Need to create competition culture
Science of Institution Building for Competition
Regimes
• Crafting a competition law appropriate to the country’s
•
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•
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economic circumstances, regional commitments, legal
environment and the socio-cultural situation
Establishing the priorities of the competition authority
Building the competition agency, including recruitment and
training of staff, development of case-handling expertise, etc
Developing a competition culture, including through relevant
public education activities
Developing support from the public and the highest authority in
the country.
Key Institutional Design: Questions
Who would investigate
and initiate proceedings
Which branch of
government would
conduct investigation
To what extent would
competition decisions be
reviewed
What body would
adjudicate contested
competition proceedings
Is there any role for
political review by elected
officials of competition
authority decisions
Criteria for evaluating competition law institutions
(i) Independence-Accountability:
Free from political interference; institutional independence for
appointments, performance review etc
(ii) Expertise-Detachment:
High level expertise required for
interpretation of empirical data, etc
sector specific industries,
(iii) Transparency-Confidentiality:
High level of transparency in performing investigative enforcement
and adjudicative function; sensitive issues to be kept confidential, etc
Criteria for evaluating competition law institutions
(iv) Administrative efficiency-due process:
Many matters with which a competition law authority may be
seized are time-sensitive (Eg. merger review)
(v) Predictability-Flexibility:
Significant value is placed on the predictability and consistency
with which laws are applied.
Sequencing of Competition Law Enforcement:
Different Stages
Start
Enhancement
Advancement
Competition
Advocacy and
Education
Merger Control
Control of
Horizontal
Restraints
Vertical Restraints International cooperation
Checking Abuse
of Dominance
Development:
effects doctrine
Exceptions and
Exemptions
Technical
Assistance
Regional
cooperation
Regulation
Maturity
Second
generation:
international
arrangements
Pro-active
competition
advocacy
Challenges faced by new competition agencies
I. Borrow heavily from developed countries in designing their
respective laws: does not effectively address the realities of the
jurisdiction
II. Young agencies commonly report a lack of cooperation and
coordination of policy: particular government ministries and other
regulatory bodies lack coordination
III. Obstacles in dealing with cross-border anticompetitive
conduct: lack formal and informal cooperative mechanisms with
other countries’ authorities and immersion in a potential regional law
Challenges faced by new competition agencies
IV. Overlapping jurisdiction of the competition authority and
the judiciary: lack of specialized competence 0f public
prosecutors, attorneys and judiciary
V. Extreme financial and human resource constraints: lack of
specialized human capital within agencies and complementary
educational and professional institutions
VI. Lack of a competition culture: lack of awareness among
business community, government/non-government agencies,
judiciary, public, etc
Way Forward: Need to Create Competition Culture
• Building strategic alliances with other economic actors/stakeholders in the
country and region: sector regulators, government agencies, media,
legislature, academia, bar associations, trade unions, consumer organisations,
chambers of commerce;
• Doing or getting research done into possible areas of economic governance
and activity which reduces competition and diminishes consumer welfare,
and disseminating the results widely as both academic outputs and readerfriendly briefings;
• Conducting public meetings and seminars for all stakeholders to demonstrate
the benefits of enforcement actions, and build institutional credibility;
• Undertake other measures that enhance transparency and public appreciation
of competition policy and actions, including a media strategy which can reach
out to a large audience.
Chei-zu tin-bar-te
Thank you
psm@cuts.org