Role of Stakeholders in
promoting competition and
consumer protection reforms
Cornelius Dube
Capacity Building workshop for stake
holders for the effective implementation of
Competition and Consumer protection
Act, 2010
Golden Bridge Hotel
7th March 2011, Lusaka Zambia
‘Key stakeholders’ in competition and
consumer protection reforms process
POLICYMAKERS, COMPETITION AGENCY,
CONSUMER PROTECTION AUTHORITY, CIVIL SOCIETY,
ACADEMIA,
SECTOR REGULATORS,
MEDIA, BUSINESS ASSOCIATIONS,
LEGAL FRATERNITY, JUDICIARY, ETC.
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Policymakers
• Policies generally made at cabinet level and endorsed by
parliament
– Policy makers- government officials (ministers) who make policies
together with the MPs
• Expected Roles
– Lay out conducive policy and legal frameworks
– Release resources for functioning of institutions
– Monitoring and accountability
• Conditions precedent
– Appreciation of benefits from competition and consumer protection
reforms
– Capacity to implement policies
3
Competition Agency
• The institution, established by the competition law, tasked
with enforcement
– The decisive factor in establishment of competition culture
• Expected roles
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–
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Effective enforcement of competition law;
communication with consumers/other stakeholders
Activities aimed at promoting competition culture and awareness
undertake competition advocacy
• Conditions precedent
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–
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Subject knowledge and skills,
human and financial resources
functional autonomy
Good interface with complementary institutions
4
Consumer Protection Authority
• Institution with legal backing for consumer interest
• Expected Roles
–
–
–
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Effective enforcement of consumer law;
Establish linkages with other consumer movements
Promotion general awareness about consumer issues
Advocacy with relevant Ministries
• Conditions Precedent
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–
–
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Subject knowledge and skills,
human and financial resources
functional autonomy
Good interface with complementary institutions
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Civil Society/Consumer Organisations
• Refers to voluntary social organizations and institutions that
advocate for rights of consumers
• Expected Roles
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–
–
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Watchdogs for competition and consumer authorities
Awareness generation on competition and consumer issues
Mobilising consumers voice on need for protection
Advocacy and pressure on competition and consumer protection
reforms
• Conditions precedent
–
–
–
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understanding on competition and consumer issues;
Structures and capacity for interaction with various stakeholders
Support from development partners
Recognition by the relevant authorities
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Academia
• University and other research institutions
• Expected Roles
– Policy research on competition and consumer policy issues
– Training courses on competition and consumer issues for
human resource improvement
– Capacity building programmes for officials
• Conditions precedent
– Acceptance of competition and consumer issues into the
curricular
– Knowledge of competition and consumer issues by
researchers
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Sector Regulators
• Regulatory authority established by other sector specific
legislation
• Expected Roles
– Promote competition in their respective sectors
– Make decisions that have a bearing on competition
– Protect consumer interests in their sectors
• Conditions Precedent
– Resources to carry the tasks
– Good legal framework
– Good interface with competition and consumer authority
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Business
• Regulated entity hence has big role to play
• Expected Roles
– Competing fairly and avoid consumer violations
– Being sources of information for competition and consumer authority
– Business associations promoting understanding on competition among
members (firms)
– Associations not being conduits for anticompetitive behaviour
• Conditions precedent
– No regulatory capture
– Competitive neutrality
– Acceptance of competition reforms by (big) businesses
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Media
• All avenues of communication with general public (print,
electronic, etc)
• Expected Roles
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Promote greater public awareness of issues
Awareness on institutions and legal framework
Hint on possible anticompetitive areas and consumer violations
Constructive criticism
• Conditions precedent
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Availability of trained reporters
Capacity building courses for media
Willing contributors (articles, reports, etc)
Good interaction with institutions (press releases etc)
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Legal Fraternity
• Legal practitioners (for business and competition agency) also
carry a heavy burden
• Expected Roles
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–
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educate clients on compliance mechanisms
Help judiciary establish case laws
Ensure careful enforcement of laws by guarding against carelessness
Help identify loopholes in the administration system
• Conditions precedent
– proper understanding of the provisions of the law, and its overall goal
– Training programmes for the lawyers
– Quick justice delivery system
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Judiciary
• The buck stops at the judiciary, hence determines efficiency of
system
• Expected Roles
– Efficient disposal of related trials/cases
– Establish case laws
• Conditions precedent
– knowledge on the subjects
– Conducive platform for presiding cases (e.g different from common
criminal cases)
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Conclusions
• Stakeholders need to understand and adequately perform their
specific roles
• Each stakeholder needs training to effectively perform role
• Programmes on awareness of competition and consumer issues
and their benefits critical for success
• Stakeholders need to complement each other rather than step
on each other’s toes
• Resource constraints major challenge; hence development
partners called upon
• Advocacy key to buy-in; important to establish a cadre of
advocates through training programmes
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THANK YOU!
cd@cuts.org
www.cuts-ccier.org
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