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PHNOM PENH
10 MARCH 2006
1
HYDERABAD, INDIA
Copyright - Dr. S. Chakravarthy 2
LPG PARADIGM
PRE - 1991 POST - 1991
LICENSING
LIBERALISATION
PLANNING
PRIVATISATION
GOVERNMENT
GLOBALISATION
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EXEMPTION OF A LARGE NUMBER OF INDUSTRIES FROM LICENSES, APPROVALS AND QUOTAS NEW ECONOMIC ADJUSTMENT MEASURES DIVESTITURE AND SALE OF GOVERNMENT ASSETS GRADUAL DECLINE IN THE INTERVENTIONIST ROLE OF THE PUBLIC SECTOR PRIVATISATION ENCOURAGING COMPETITION
Copyright - Dr. S. Chakravarthy 4
COMPETITION REGIME
ONE OF THE ECONOMIC REFORMS PACKAGE IS TO PUT IN PLACE A COMPETITION REGIME THIS INVOLVES FORMULATION OF A COMPETITION POLICY AND A COMPETITION LAW COMPETITION POLICY ENVELOPS ALL EXECUTIVE POLICIES OF THE GOVERNMENT EXECUTIVE POLICIES NEED TO CONFORM TO COMPETITION PRINCIPLES
Copyright - Dr. S. Chakravarthy 5
INDUSTRIAL POLICY
INDUSTRIES DEVELOPMENT AND REGULATION POLICY DURING PRE-REFORMS LPG ERA LICENSING PREDOMINATED DURING POST-REFORMS LPG ERA
1. LICENSES REQUIRED ONLY FOR A FEW SELECT INDUSTRIES (CORE INDUSTRIES AND DEFENCE ENTERPRISES) 2. GREATER AUTONOMY FOR PEs 3. GREATER PRIVATE SECTOR OWNERSHIP
Copyright - Dr. S. Chakravarthy 7
TRADE POLICY
THIS INCLUDES (ESSENTIALLY WTO RELATED)
TARIFFS QUOTAS SUBSIDIES ANTI-DUMPING ACTION DOMESTIC CONTENT REGULATIONS EXPORT RESTRAINTS
LABOUR POLICY
LABOUR LEGISLATION PROTECTS LABOUR INTEREST SOME LEGISLATIONS DO NOT PERMIT ENTERPRISES DESIRING TO EXIT TO DO SO EASILY UNVIABLE UNITS IMPOSE HEAVY PRICE ON THE SOCIETY COMPETITION DEMANDS CONTESTABLE MARKET (EASY ENTRY, EASY EXIT) LEGISLATION NEEDS AMENDMENTS TO PROVIDE FOR EASY EXIT SUBJECT TO PROTECTION OF LEGAL OBLIGATIONS AND LIABILITIES DUE TO THE LABOUR
Copyright - Dr. S. Chakravarthy 12
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IMPLEMENTATION BLUES
A DESIGNING COMPETITION LAW IS A CHALLENGE FOR MANY DEVELOPING COUNTRIES NO ONE SIZE FITS ALL COMPETITION LAW UNIVERSAL COMPETITION LAW IS NEITHER PRACTICAL NOR DESIRABLE COUNTRYS STRENGTHS, WEAKNESSES, SYSTEMS, GOALS, ASPIRATIONS ETC NEED TO BE FACTORED IN WIDE CONSULTATIONS WITH ALL STAKEHOLDERS
Copyright - Dr. S. Chakravarthy 16
IMPLEMENTATION BLUES
B
COMPETITION CULTURE LACKING IN GOVT,BUSINESS AND GENERAL PUBLIC LEVEL OF AWARENESS OF POTENTIAL BENEFIT OF COMPETITION IS INADEQUATE IN MOST DEVELOPING COUNTRIES
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IMPLEMENTATION BLUES
C COMPETITION AUTHORITIES IN DEVELOPING COUNTRIES FOCUS MORE ON STRUCTURE THAN BEHAVIOUR OF ENTERPRISES STRUCTURE ANALYSES ARE IMPORTANT BUT BEHAVIOUR ANALYSES ARE MORE IMPORTANT BEHAVIOUR ANALYSES REQUIRE BETTER EXPERTISE AND MORE RESOURCES
Copyright - Dr. S. Chakravarthy 18
IMPLEMENTATION BLUES
D
COMPETITION LAW ENFORCEMENT IS HARDLY A PRIORITY ITEM FOR GOVTS BUDGETARY ALLOCATION IS POOR, IF NOT DISMAL COMPETITION CULTURE AND BUDGETARY ALLOCATION GO HAND IN HAND
Copyright - Dr. S. Chakravarthy 19
IMPLEMENTATION BLUES
E
PERSONNEL CONSTRAINTS HINDER ENFORCEMENT COMPETENT AND QUALIFIED STAFF ARE NEITHER AVAILABLE OR ARE DIFFICULT TO RETAIN MULTI-DISCIPLINARY APPROACH IS REQUIRED BUT IS LACKING TRAINING FACILITIES ARE INADEQUATE
Copyright - Dr. S. Chakravarthy 20
IMPLEMENTATION BLUES F
COMPETITION AUTHORITY NEEDS TO BE MANNED BY PERSONS WITH EXPERTISE AND KNOWLEDGE IN COMPETITION, ADJUDICATION. DEVELOPING COUNTRIES DO NOT FIND SUCH PERSONS IN ADEQUATE NUMBERS. QUALITY OF ADJUDICATION AND ENFORCEMENT SUFFERS FROM INADEQUATE BUDGETARY ALLOCATION. INDEPENDENCE OF COMPETITION AUTHORITY IS UNDERMINED BY EXCESSIVE GOVERNMENTAL CONTROL
Copyright - Dr. S. Chakravarthy 21
IMPLEMENTATION BLUES G
CONSUMER MOVEMENT IS WEAK IN DEVELOPING COUNTRIES CONSUMER ORGANISATIONS AND NGOs ARE NEEDED FOR CONDUCTING RESEARCH AND BRINGING FORWARD COMPLAINTS BEFORE THE COMPETITION AUTHORITY CONSUMER EDUCATION IS LACKING
Copyright - Dr. S. Chakravarthy 22
COMPETITION ADVOCACY
TO OVER COME THE IMPLEMENTATION BLUES, DEVELOPING COUNTRIES WOULD DO WELL IN TAKING UP STRONG ADVOCACY MEASURES THEY SHOULD HAVE A STRONG POLITICAL WILL TO ENFORCE COMPETITION POLICY AND LAW COMPETITION AUTHORITY SHOULD BE A COMPETITION ADVOCATE
Copyright - Dr. S. Chakravarthy 23