STRUCTURE AND
FUNCTIONS OF
COMPETITION AGENCIES
GENERAL STRUCTURE OF CA
• CAs differ in size, structure and complexity
• The structure depicts power distribution (protocol) and work flows
in the organization
• These attributes depend on:
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Availability of resources (Budget allocation)
Level of a country’s economic development
Level of competition culture
Availability of expertise
Level of political support
Autonomy status and prosecutorial powers
• The structure of more advanced competition agencies e.g. EC and
FTC/DOJ is more elaborate compared to CAs in developing
countries
Contd….
• However, the mandate of CAs in both instances are similar.
• Their objectives are:
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To prohibit RTPs
Discourage abuse of dominance and unwarranted concentrations of
economic power
Regulate mergers and acquisitions
Conduct advocacy/ education activities
Provide advice to government on competition law and policy matters
etc
Consumer Protection
- Consumer protection
STRUCTURE OF SOUTH AFRICA
COMPETITION AUTHORITY
• SACC is headed by a commissioner appointed by the Minister for
Trade. He is supported by 6 divisional managers namely:
-M&A
-Enforcement and exemptions
-Compliance
-Policy and Research
-Legal services
-Corporate
• Two other institutions responsible for the administration of the
Competition Act are the Competition Tribunal and the Competition
Appeals court
• The tribunal hears all cases brought before it by the SACC, it approves
large mergers, adjudicate whether parties have engaged in a prohibited
practice, impose penalties and hears appeals on decisions of SACC
Structure of EC
• Headed by a DG, assisted by 3 deputies in charge of Merger &
Antitrust, Operations and State Aids. These are further subdivided to
provide for cartels, markets ( energy, environment, information
communication and media, financial and health related markets,
basic industries, manufacturing and agriculture, transport, postal and
others), regional aid. R&D, innovation and risk capital, etc
Structure and role of FTC and DOJ
• Both institutions charged with enforcing antitrust laws i.e. antitrust
enforcement and merger regulation.
• However DOJ has exclusive jurisdiction over criminal offences e.g.
price fixing
• Competition laws include the Sherman Act of 1890, (deals with
conspiracies and monopolies) Clayton Act of 1914 (M&A) and FTC
Act of 1914 (unfair methods of competition)
Structure of CA in Kenya
• The Commission is headed by a Commissioner who reports to the
Minister for Finance
• There are 2 deputies: Legal and Technical
• The Commission further has 2 technical divisions: M&A and
Enforcement
• Other CA are the Tribunal and the High Court
Functions of Ghana’s CA
The functions of the Commission shall, inter alia, include
– monitoring trading practices in the country with the purpose of ensuring
fair trade practices and of preventing restrictive trade practices;
– preventing, as far as practicable, the concentration of market power and its
abuse;
– regulating mergers and acquisitions in terms of approving (with or without
modifications) or disapproving them under sections 32 and 33;
– ordering investigations by the Complaints Officer into alleged prohibited
practices and conduct and making prima facie conclusions based on the
investigation reports;
– coordinating with a regulatory authority in terms of section 62 to
harmonise the exercise of jurisdiction over competition matters within the
relevant industry or sector, and ensuring consistent application of the
principles of this Act;
Functions of Ghana’s CA
– recommending trial and prosecution of offending parties to the
Competition Tribunal;
– making available to persons engaged in business and other interested
persons general
information for their guidance with respect to the
provisions of this Act;
– conducting research into matters dealt with by this Act;
– educating the public by publishing journals and periodicals on research
findings in trade, competition and matters affecting the interest of
consumers;
– making recommendations to the Minister on the competition
implications of government policies;
– acting as competition advocate and creating competition culture in the
markets of the Republic; and
– performing any other functions that are incidental to its specific
functions.
Functions of Kenya’s CA
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Regulation of market conduct
Regulation of market structure
Advocacy
Provision of advice to Government on competition matters
Enforcement and compliance
Thank You