Transcript How to foster the development of competition policy and law?

Session on the Way Forward
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ASEAN Leaders have agreed during 13th ASEAN Summit in Singapore
on 20 November 2007 to adopt the AEC Blueprint which each ASEAN
Member Country shall abide by and implement the AEC by 2015. The
AEC Blueprint will transform ASEAN into a single market and production
base, a highly competitive economic region, a region of equitable
economic development, and a region fully integrated into the global
economy.
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ASEAN Member States (AMSs) have committed in the ASEAN Economic
Community (AEC) Blueprint to introduce nation-wide competition policy
and law (CPL) by 2015.
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We have heard that all country are
committed to have competition policy and
law before 2015;
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Generally, all we need is ADVOCACY.
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Regional level of challenges
 Competition culture is lacking, size of economy,
differences of level of development, lack of
resources
 Variation and uniqueness of individual country
(there will be 10 different competition law)
 Level of economic development and issues
faced.
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Country level challenges (three types)
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Grouping member countries into three
groups of competition development:
 AMSs with implemented CPL;
 AMSs at legislation level;
 AMSs have not started the development of CPL.
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Consist of Indonesia, Singapore, Thailand, Vietnam, and
newly implemented, Malaysia;
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Major issues:
 Effective implementation of CL (implementation framework);
 Effective advocacy strategies;
 Integrating and harmonizing competition policies with sectoral
regulations (institutional coordination);
 Adjustment (amendment) of law and policy
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Major needs for capacity building:
 comprehensive competition analysis;
 competition impact measurement;
 policy dialogue;
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Consist of Lao, Cambodia, and Philippines;
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Major issues:
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Size of economic development is relatively small;
Market institution still undeveloped;
Role of competition to economic development;
Public awareness, and human resources support, and expertise.
Major needs:
 Gaining (political) support to foster the legislation through
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publications and public outreaches;
Expertise in formulating regulations (conceptual knowledge);
Modalities of competition law;
Different competition provisions;
Information and experience sharing.
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Consist of Brunei and Myanmar;
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Major issues:
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Role of competition to economic development;
Economic system, policies still centralized;
Level of economy relatively small;
Lack of awareness on the necessity of CPL;
Major needs:
 Information and experience sharing about the role of
competition policy to economic development;
 Policy dialogue on economic reforms.
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Focus on:
 Common needs and challenges;
 Needs assessment for specific AMS;
 Design modalities of capacity building for
common needs;
 Design program for each specific AMS needs,
with maximum cooperation between AMS
especially from more experienced AMS;
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The existence of CPL mostly comes from external
pressure. Current pressure raises by target as mentioned
in the blueprint, because effective promotion of
competition policy will need specific national competition
law;
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Slow movement, despite of closer time frame for
economic integration;
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Determinant factors fostering development among
others based on each characters of AMSs, nature of
economic development, and legal system.
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Balancing national versus regional approaches on
capacity building.
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Involvement on strategic policy making is
necessary to raise attention of policy maker (role
of HLMC).
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To ensure the balance between countries specific
feature and broad harmony of ASEAN.
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Start to utilize ASEAN countries to help other
ASEAN countries (ASEAN for ASEAN).
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AMSs shall start to think what they should
do beyond 2015.
 Creating individual action plans (blueprint) after
2015?
 Common platform for ASEAN?
 Possible bilateral cooperation?
 Other ideas?
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