Competition Policy / Politique de la concurrence

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    Competition Principles Under Threat : IDRC Pre-ICN Forum on Competition and Development, Zurich, 2 June 2009; record of the proceedings
    (Swiss Institute for International Economics and Applied Economic Research, University of St. Gallen, CH, 2009) Wermelinger, Martin; Joekes, Susan; Ruscio, Miriam
    Both developing and industrialized country governments have been forcing mergers, bailing out failing firms, rolling back procurement rules, requiring banks to allocate credit preferentially to domestic firms, and authorizing new state aid. The implementation of these measures can reverse decades of slowly-won support for competition norms. The report covers the workshop and presentations organized by the International Development Research Centre (IDRC, Canada) and co-sponsored by the Swiss Competition Commission (Comco) as hosts of the 2009 Annual Conference of the International Competition Network (ICN).
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    Developing and piloting a gender-responsive community-based planning and budgeting tool for local governance
    (DLSU Angelo King Institute for Economic and Business Studies, Manila, PH, 2009) Reyes, Celia M.; Fajardo, Juan Paulo M.; Baris, Marsmath A., Jr
    The community-based monitoring system (CBMS) initiative in the Philippines attempted to show how CBMS can facilitate gender responsive budgeting (GRB) at the local level. The CBMS tool fills in gaps in the data on different dimensions of poverty provided by national surveys and censuses, and in particular, gaps related to disaggregation and frequency. The enhanced CBMS derived from this project will be used to formulate plans and budgets and to analyze the impact of expenditures in the Philippines. The online resource www.gender-budgets.org offers highlights of key gender budgeting initiatives in several countries and identifies notable analyses and resources on GRB.
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    Migrants contribute to development, yet their transfers are overcharged : why? and what can be done about it?; a perspective from Morocco
    (Carnegie Middle East Center, 2011) Achy, Lahcen
    The total remittances for Morocco in 2010 in US dollars is $ 6.4 billion (90% from Europe; representing 8% of GDP). In the last decade remittances grew by an average rate of 9% per year, much faster than GDP and consumption. Seventy percent are sent through money-transfer operators (MTOs) and the national post-office (Barid Al Maghrib, Morocco’s Post Office). Instead of attempting to convince migrants to send more money, the government should first make sure that fees unfairly extracted on previous remittances be paid back. Barid Al Maghrib has an exclusivity agreement with Western Union.
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    Remittances : what role can consumer organisations play?
    (Consumers International, 2011) Consumers International; MacMullan, Justin
    Consumers International is a global federation of consumer organisations with 220 member organisations in 115 countries. It is independent and not-for-profit. The article reviews some actions taken towards general principles on remittances and fair fees for money transfer services. It presents some strategies for consumer organizations in the struggle for fair practices and effective regulation of the remittances financial market.
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    Study of remittances in Uzbekistan : into new times with new ideas, May 17, 2011, The Hague, ND
    (Antimonopoly Policy Improvement Center (APIC), 2011) Kholjigitov, Golib
    Analysis and regulation of financial services are new to competition bodies; thus, this research has a capacity building and methodological use for Uzbek and other competition bodies. The volume of official remittances to Uzbekistan in 2010 exceeded US $4.5 billion. Remittances have economic, social and developmental roles in the receiving countries, hence ensuring a competitive environment in the market has wider implications to people and the country as a whole.
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    Corporate governance and competition policy
    (2011) Weber Waller, Spencer
    This article discusses a more unified approach to two key areas of business law (corporate governance; and antitrust laws). Corporate governance law addresses the misaligned incentives between officers and directors of publicly-owned companies and their shareholders. Antitrust law governs interactions between corporations in the marketplace, and prohibits and penalizes anticompetitive agreements. This article explores the puzzling lack of meaningful interaction between these two fields of law, providing an overview of corporate compliance and the unfortunately limited role that corporate governance law plays in ensuring lawful behavior.
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    Role of the media in building a ‘competition culture’
    (Centre for Competition Policy, University of East Anglia, 2011) Stephan, Andreas
    Competition law cases are largely confined to the business pages of newspapers, if reported on at all. This brief presentation foregrounds why media coverage is poor/invisible, and how media representation could encourage compliance of industries. Publicity should require public admissions of guilt as part of leniency; the ‘effect’ of infringements ought to be demonstrated, not just relying on the ‘object’ of infringement or the amount of a fine.
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    Design, process and procedures in the competition laws and agency effectiveness : a case for Botswana and Zambia
    (Competition and Consumer Protection Commission, Lusaka, ZM, 2011) Kaira, Thula
    The slide presentation provides information and analysis on major points of competition law as it applies in Botswana and Zambia, as well as some of the ways legal procedures play out. Institutional effectiveness hinges largely on political support – through the appointment of credible individuals to serve in the investigative and adjudicative organs. In both countries the Authority is not legally obliged to publish its full report: a summary and reasons for the decision suffices. In both Zambia and Botswana the adjudicative organs can determine their own procedure.
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    Regional institutional design and competition law enforcement : exploring the West African experience
    (Max Planck Institute for Intellectual Property and Competition Law, Munich, DE, 2011) Bakhoum, Mor
    Subtitled “Getting it right at the outset is crucial: the nexus between regional institutional design and enforcement,” the presentation uses two regional groups to illustrate where there are points of ineffectiveness in the collaboration of national competition authorities: the case of ECOWAS (currently 15 member countries in the Economic Community of West African States); and of WAEMU (the West African Economic and Monetary Union of Benin, Burkina Faso, Cote d'Ivoire, Guinea-Bissau, Mali, Niger, Senegal, and Togo). In offsetting design flaws at the regional level, alliance building at the beginning may prove more constructive.
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    Alliance building for a culture of compliance : countering weaknesses in competition law enforcement
    (New York University School of Law, 2011) Fox, Eleanor
    This presentation for the International Competition Network (ICN) examines issues in competition law; its effectiveness in terms of court decision-making; flaws in statutory law; and alliances with agencies (universities, development funds, sister authorities, NGOs, other capacity builders) where conflicts of interest may exist. It looks at common flaws that impair competition law effectiveness and what weaknesses are attributable to design, procedure and/or process.
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    General case for alliance building
    (Essec Business School, 2011) Jenny, Frederic
    This presentation (2011) for the International Competition Network (ICN) Forum examines the case for the independence of competition authorities from business, including aspects such as: determinants of independence from government; perception of independence by competition authorities; independence and accountability; and factors influencing the effectiveness of competition advocacy with government. One of the lessons from the recent economic and financial crisis is that in times of economic difficulties, the existence of a strong competition advocacy function within government becomes a crucial part of sound economic policy.
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    For IDRC/ICN Conference
    (2011) Lewis, David
    The paper examines competition culture as it applies to South Africa in terms of its political environment and the African National Congress (ANC), and as relative to other countries. Whereas in the US, the high regard for competition is rooted in populism and regard for individual liberty and enterprise, in Germany it represents a core pillar of the grand compromise between capitalism and society. The paper concludes that competition law and policy should ideally be administered by the treasury, which is inherently less interest-group driven than a trade and commerce or economic development ministry.
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    IDRC Pre-ICN Forum on Competition and Development Alliance Building for a Culture of Compliance : session 1: the general case for alliance building
    (Australia and New Zealand School of Government, The Hague, NL, 2011) Fels, Allan
    This presentation for the International Competition Network Forum outlines constitutional issues, distinctions between competition law and competition policy, government processes, political issues and drivers of reform. Competition law applies in over 100 countries. It has the status of a basic law and is nearly always applied by an independent regulator, with implicit judicial aspectst.
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    Centroamérica y México : política de competencia a principios del siglo XXI
    (Comisión Económica para América Latina y el Caribe (CEPAL), Santiago, CL, 2006) Rivera, Eugenio; Schatan, Claudia
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    Report : using competition law to regulate anticompetitive practices in the pharmaceutical distribution system in Vietnam
    (Vietnam Competition Administration Department, Ministry of Industry and Trade, Hanoi, VN, 2009) Anh, Pham Thi Que; Lan, Tran Phuong; Linh, Truong Thuy; Nhung, Tran Phuong; Vietnam. Ministry of Industry and Trade, Competition Administration Department
    In the context of Vietnam’s integration into world economies, new concerns arise in access to medicines and healthcare. Anti-competitive practices in the pharmaceutical industry include price fixing, abuse of market dominance, collusive agreements, and tied selling. The project aims to promote public welfare in Vietnam through ensuring and enhancing access to medicines and health delivery systems. This in-depth report identifies competition concerns in the pharmaceutical sector and health systems, and examines the scope of competition policy and law in dealing with such concerns. Recommendations are made for specific legal provisions, and state agencies’ regulatory role.
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    Schumpeterian competition and its policy implications : the Latin American case
    (Facultad Latinoamericana de Ciencias Sociales, Buenos Aires, AR, 2000) Tavares de Araujo, Jose
    This paper discusses the peculiar role of competition policy in the process of economic reform. It points out that antitrust can render two important services to an open developing economy: a set of rules that guides the competititon process toward efficiency and fairness and a mechanism that may protect the national interest from anti-competitive practices originated elsewhere in the world economy. the paper recapitulates the Schumpeterian approach to competition and indicates the core of the policy agenda derived from this approach, in which antitrust authority is compelled to act as the regulator of last resort in the economy. It also presents the domestic challenges faced by the newly-created Latin American and Caribbean antitrust agencies and deals with cross border issues at bilateral, sub-regional hemispheric and multilateral levels. Finally, it highlights that two initial steps are necessary to regulate the newly open economy: the research on market contestability and the improvement of sub-regional antitrust mechanisms.
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    Progreso técnico y cambio estructural en América Latina
    (Naciones Unidas, Santiago, CL, 2007) CEPAL
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    Informe técnico "Evaluación de posibles prácticas anticompetitivas en el mercado de abastecimiento y distribución de productos de consumo masivo : el caso de Costa Rica"
    (Centro Internacional de Política Económica para el Desarrollo Sostenible (CINPE), Universidad Nacional, Heredia, CR, 2007) Alvarado, Randall Arce; Montes, Donald Miranda; Arias, Guillermo Zuniga
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    Centroamérica y México : política de competencia a principios del siglo XXI
    (Naciones Unidas, Mexico, MX, 2006) Rivera, Eugenio; Schatan, Claudia