Framework for Competition Reforms (FCR): Guiding Principles Rijit Sengupta CUTS International CREW International Conference 19th Nov 2014, Bangkok What is it? • Guidance for DC policymakers and practitioners about steps for promoting competition reforms in sectors • Easy to comprehend for civil society actors too • Rationale: DC policymakers are not able to give adequate priority to promoting competition in sectors • Policies distort competition in markets – CAs can’t do much • Based on experience, CUTS intends to strengthen DC constituencies for competition reforms: has to go beyond the CA • Possible if: - benefits are well-demonstrated - process is well-defined and planned - implementation is not expensive - involves multiple SH engagement support 2 Framework for Competition Reforms (FCR) is envisaged as a step-wise reference for DC policymakers and practitioners to promote competition reforms in key sectors…………. COMPETITION REFORMS FOR ENHANCING SOCIAL AND ECONOMIC WELFARE IN DCs 3 Outline • Identifying the sectors • Fixing indicators: consumer & producer welfare • Identifying & examining sectoral policies • Short-listing ‘relevant’ policies & practices • Assessing welfare implications • Building evidence base and its application • Ensuring local buy-in & ownership • Initiating actions by local SHs • Addressing challenges encountered 4 1. Identifying Sectors • • • • Based on certain criteria Sign of reforms Presence of a regulatory framework and institution Key sectors for ordinary consumers and small producers (impact) • Nature of markets – dominant players, SoEs, monopolies • Data availability • Of interest to civil society actors CREW Project Background Paper 5 2. Fixing Indicators: Consumer & Producer Welfare Consumer Welfare Access Choice Price Quality/Price Time Saving Producer Welfare Access to inputs Easy of entry Growth Investments Cost savings 6 3. Identifying and Examining sectoral policies and practices • Policy basket: sectoral policies, laws, sectoral programmes, statutory instruments, administrative orders • Examining policies by applying existing tools (CAF, CAT, CIAT…..), stakeholder feedback & anecdotal evidence • Nature of market: Porter’s 5 Forces, concentration measures • Identifying possible anti-competitive practices – stakeholder feedback and existing information 7 4. Short-listing of Policies and Practices (pro/anti-competitive market outcomes) • • • • Short-listing of policies/practices that clearly make a case Pro/anti-competitive effects on the market Not too many, not too few (from each sector) Significance of implications especially on ordinary consumers and small producers • Stakeholder agreement on the short-list 8 5. Assessing welfare implications of policies and practices – evidence from CREW countries • Obtaining ‘secondary data’ from available sources • Identification of various tools for the application • Analysing secondary data using various tools/methods to assess impact of policies/practices on beneficiaries (using ‘welfare indicators’) • Conduct primary perception surveys • Analyse primary data to ascertain welfare impacts ((using ‘welfare indicators’) COUNTRY-SPECIFIC STORIES OF IMPLICATION OF PRO/ANTICOMPETITIVE POLICIES ON CONSUMERS/PRODUCERS 9 6. Building the evidence and planning its application in countries/sectors • Links pro/anti-competitive policies and welfare effects • Helps ascertain impact of anti-competitive practices on beneficiaries • Challenges of attribution • Plan the application of the evidence - Further research/evidence - Identifying users of evidence - Plan for influencing policy - Stakeholder discussions (govt, business, CSOs) 10 7. Ensuring local buy-in and ownership • Engagement of multi-stakeholder group right from the beginning of the process – National Reference Group/NRG • Continuous interaction and exchanges (including one-to-one) with senior policymakers and decision-makers • Convince stakeholders of usefulness of evidence • Ensuring government support, buy-in and local ownership of findings • Developing locally owned national advocacy agenda 11 8. Initiating actions led by local SHs • Engaging a multi-stakeholder group to oversee actions (monitor) and assess results • National advocacy agenda reviewed and agreement reached • Initiate actions to for desirable changes (consolidate positive impacts and address negative impacts) • Target ‘low-hanging’ outcomes/results • Periodically monitor results • Reporting mechanisms 12 9. Addressing challenges encountered Challenges Resolving Challenges Quantitative data - Data is present but not available easily in one place Primary data could be obtained Qualitative data can provide useful information Vested interests - Employing a multi-stakeholder process Engaging with some of the high ‘influence’ SHs Identify ‘Friends of Competition’ Technical component - Engage with experienced organisations Refer existing tools/methods 13 Thank You www.cuts-ccier.org/CREW 14