APEC /PFP Training Program on Competition Policy

-Summary report of the third meeting and the draft outline of the fourth meeting-

 

  1. The third PFP (Partners for Progress) meeting on competition policy was held in Chiangmai, Thailand from 1 - 4 of March 1999. The participants were mid-level officials of agencies responsible for competition policy in APEC member economies as well as academics and experts on competition policy from member economies and international organizations. One person from the business community also participated as a panelist. This meeting was the third out of a total of five meetings that will be held from 1996 through 2000 (Japanese Fiscal Year; April-March.)

  2. The meeting included participants from the following member economies:

Australia; Chile; China; Hong Kong, China; Indonesia; Japan; Korea; Malaysia; Mexico; New Zealand; Papua New Guinea; Peru; Philippines; Russia; Singapore; Chinese Taipei; Thailand; the United States of America; and Viet Nam.

Experts from the OECD and UNCTAD also participated as panelists.

  1. At this meeting we focused on a smaller number of issues and took greater time for discussion than at the previous meetings (see Annex 1 for details). As a result, the participants expressed general satisfaction with the program, pointing out that the program helped promote a common understanding on, and helped develop human resources relating to, many key competition policy issues. On the other hand, some suggestions were made for a more fruitful outcome at the next meeting. The first suggestion was to arrange a couple of sub-group meetings where participants could discuss specific issues in an in-depth manner. The second suggestion was to use more case studies in panel presentations. The third was to deal explicitly with the issue of the relationship between competition policy and other economic policy objectives, including economic development. Participants showed particular interest in this issue in their discussions at this meeting. The fourth suggestion was to shorten the duration of the meeting from four days to three days. The draft course outline of the next meeting reflects these useful suggestions (See Annex 2).


Annex 1

 

Third APEC PFP Meeting on Competition Policy

Chiangmai, Thailand, March 1-4, 1999

 

 

D a y 1 ( 1 March, Mon. Chair : Phisit Setthawong, Thailand)

Time

Course Content

 

Opening session

9:30-09:40

Amornthat Niratisayakul, Vice Governor of Chiangmai

9:40-09:50

Yutaka Takubo, Counsellor & Consul, Chiangmai Office of Japan Embassy of Thailand

9:50-10:00

Suchai Jaovisidha, Director General, Department of Internal Trade, Thailand

10:00-10:30

Coffee Break

 

Economic and legal theory of competition policies/laws

10:30-11:15

Iwakazu Takahashi, Professor of Law, Kanagawa University ( Japan )

 

Objectives, role and operation of competition policies/laws

11:15-12:00

Gerald Paul McAlinn, Professor of Law, Aoyama Gakuin University ( U.S.A. )

12:00-13:30

Lunch

13:30-14:45

Discussion

14:45-15:15

Competition Law and Policy in Malaysia ( Malaysia ) / Discussion

15:15-15:30

Coffee Break

15:30-16:00

Approaches to Promoting Competition: Hong Kong, China's Experience

( Hong Kong, China ) / Discussion

16:00-16:30

Objectives and Roles of Competition Law and Policy ( Korea ) / Discussion

18:00-

Welcome Party

 

 

D a y 2 ( 2 March, Tue. Chair : Jiro Tamura, Professor of Law, Keio University, Japan )

Time

Course Content

 

Core principles of competition law

9:30-10:15

Geoff Connor, Ministry of Commerce ( New Zealand )

10:15-10:45

Discussion

10:45-11:00

Coffee Break

11:00-11:45

Philippe Brusick ( UNCTAD )

11:45-12:15

Discussion

12:15-14:00

Lunch

14:00-14:30

Development of Competition Law in Thailand ( Thailand ) / Discussion

14:30-15:00

Law of the People's Republic of China for Countering Unfair Competition

( China ) / Discussion

15:00-15:15

Coffee Break

15:15-15:45

Competition Policy in Papua New Guinea ( Papua New Guinea ) / Discussion

15:45-16:15

Competition Law of Korea in the light of Core Principle of Competition Law ( Korea )

/ Discussion

 

 

D a y 3 ( 3 March, Wed. Chair : Carl Buik, Australia)

Time

Course Content

 

State monopoly, privatization

9:30-10:15

State monopoly

Walter T. Winslow ( OECD )

10:15-10:45

Discussion

10:45-11:00

Coffee Break

11:00-11:45

Study on NTT and JR Privatization

Sadao Maki, Vice President, Corporate Planning Department, NTT ( Japan )

11:45-12:15

Discussion

12:15-14:00

Lunch

14:00-14:30

About the measures on Regulation of the Activity and Restructuring of Natural

Monopolies ( Russia ) / Discussion

14:30-15:00

The Development of Indonesian State-Owned Enterprises Privatization ( Indonesia )

/ Discussion

15:00-15:15

Coffee Break

15:15-15:45

Approaches to Regulatory Reform in Experience of Chinese Taipei ( Chinese Taipei )

/ Discussion

15:45-16:15

The Role of Competition Policy in Restructuring of the Korean Economy ( Korea )

/ Discussion

 

 

D a y 4 ( 4 March, Thu. Chair : Geoff Connor, NZ )

Time

Course Content

 

Enforcement

9:30-10:15

Organization, Procedure and Remedies – The Japanese Experience

Kyozo Suzuki, Fair Trade Commission ( Japan )

10:15-11:00

Organization, Procedure and Remedies

Carl Buik, Australian Competition and Consumer Commission (Australia)

11:00-11:15

Coffee Break

11:15-12:00

Discussion

12:00-13:30

Lunch

13:30-14:00

Enforcement to establish Free Competition in Korea ( Korea ) /Discussion

14:00-14:30

Chicken Producers Cartel ( Peru ) / Discussion

14:30-14:45

Coffee Break

14:45-15:15

Case of Price Predation in Mexico ( Mexico ) / Discussion

15:15-15:45

The Role of Competition Policy in Philippine Economic Development ( Philippines )

/ Discussion

15:45-16:15

General Discussion

16:15-16:45

Evaluation session

 

Closing session

16:45-17:00

Kenji Iwaguchi, Representative of JICA Thailand Office

17:00-17:15

Suchai Jaovisidha, Director General, Department of Internal Trade, Thailand

18:00-

Farewell Party


Annex 2

 

Fourth PFP Training Program on Competition Policy

( Draft Course Outline )

 

1. DATES

14 through 16 March 2000

 

2. VENUE

Bangkok, Thailand

 

3. EXPECTED PARTICIPANTS AND NUMBER

Approximately three persons per developing member economy, who are at a division director or deputy division director level at agencies responsible for competition policy in member economies, may attend the program.

 

4. PROVISIONAL AGENDA

 

  AM (9:30-12:00) PM (14:00-16:30) PM(18:00-)
DAY 1 Opening Session

Plenary Session

Plenary Session Welcome Party
DAY 2 Small Group Meetings Small Group Meetings  
DAY 3 Small Group Meetings Plenary Session

Evaluation /Closing Sessions

Farewell Party

 

[ Day 1 plenary sessions ]

In the morning plenary session the topic will be the relationship between competition policy and other economic policy objectives including economic development.

In the afternoon session the topic will be ways and means to address anti-competitive practices with international dimensions (e.g., cooperation between appropriate authorities, international framework), including cases. In addition, the chairperson will invite each small group moderator to give a brief explanation of the aim and issues to be dealt with at his/her group meeting (see below).

 

[ Day 2 and 3 small group meetings ]

Three small groups will meet concurrently during Day 2 and the morning of Day3 to allow for an in-depth analysis and discussion of specific issues. Each group will focus on a specific topic and may involve the discussion of case studies. Prospective topics are

  1. effective ways to investigate and eliminate cartels (e.g., investigation methods, sanctions, case studies)
  2. how to deal with a dominant company (e.g., types of practice to be prohibited, evaluation criteria, case studies),

and

  1. how to deal with mergers (e.g., necessity of merger regulations, evaluation of legality/illegality, procedures (merger filing), case studies).

One person from each economy will be welcome to attend each group meeting.

 

[ Day 3 plenary session ]

A summary of the discussion at the small group meetings will be reported by the moderators, followed by free discussion.

 

5. METHODOLOGY

1) Method

Day 1 plenary sessions and small group meetings will be conducted in the form of panel presentation and discussions. The active contribution of developing member economies would be of great importance to ensuring a result.

2) Language

English

 

6. ALLOWANCE AND EXPENSES

The Government of Japan will provide lodging, daily allowance, health insurance, and transportation and boarding expenses for participants from member economies that are classified in Part I of the DAC List of Aid Recipients in 1999. Other participants are requested to bear all expenses on their own.