The Competition Commission of Pakistan is taking steps to encourage voluntary compliance with competition law by the private sector. It held a national road show in 22 cities to increase awareness of competition law among businesses. It is revising its guidance on competition compliance to make it more accessible and help companies understand drivers of non-compliance. The Commission plans to present the revised guidance to business associations and hold an event on World Competition Day to promote a culture of compliance within companies. While enforcement of penalties remains important, the Commission recognizes the need to work with businesses to change norms and incentivize ethical, compliant behavior.
Market Research Report : Franchise market in india 2013 Netscribes, Inc.
For the complete report, get in touch with us at : info@netscribes.com
The new report, "Franchising Market inIndia", states thatIndiahas witnessed large scale adoption of franchising as a prospective entry route for expansion. It is hailed as being a key strategy when growth becomes saturated in domestic markets and companies look beyond borders for untapped potential and markets.
The Indian franchise market is particularly poised to grow exponentially with the recent Government mandate barring foreign majors undertaking a direct entry which compels them to establish their venture through franchising. Greater demand for goods has translated into generation of greater demand for franchises which is presently growing at an impressive rate of 30% annually.
A comparative analysis indicates that a symbiotic relationship between franchisors and franchisees exists which culminates into an amalgamated advantage for the end consumers. While franchisors render a set business model, franchisees leverage the understanding of the local and cultural milieu of the country and resultantly consumers derive a wider range of options in products both domestic and international. Based on different strategies adopted by franchisors in high probability, unit franchising emerges as the option with the highest takers. Though this route is a known concept for almost all sectors, food and beverage and education constitute the lion’s share among all the sectors or markets adopting this route.
Privatization of PTCL: Privatization and Re-regulation of PTCLUmair Ahmed
These slides cover the whole process of privatization of ptcl. And clearly describe the situation of ptcl before and after privatization.It consist of performance analysis. It help to understand the privatization of ptcl is good or bad decision. it also suggest alternatives to imprive the current situation.
Market Research Report : Franchise market in india 2013 Netscribes, Inc.
For the complete report, get in touch with us at : info@netscribes.com
The new report, "Franchising Market inIndia", states thatIndiahas witnessed large scale adoption of franchising as a prospective entry route for expansion. It is hailed as being a key strategy when growth becomes saturated in domestic markets and companies look beyond borders for untapped potential and markets.
The Indian franchise market is particularly poised to grow exponentially with the recent Government mandate barring foreign majors undertaking a direct entry which compels them to establish their venture through franchising. Greater demand for goods has translated into generation of greater demand for franchises which is presently growing at an impressive rate of 30% annually.
A comparative analysis indicates that a symbiotic relationship between franchisors and franchisees exists which culminates into an amalgamated advantage for the end consumers. While franchisors render a set business model, franchisees leverage the understanding of the local and cultural milieu of the country and resultantly consumers derive a wider range of options in products both domestic and international. Based on different strategies adopted by franchisors in high probability, unit franchising emerges as the option with the highest takers. Though this route is a known concept for almost all sectors, food and beverage and education constitute the lion’s share among all the sectors or markets adopting this route.
Privatization of PTCL: Privatization and Re-regulation of PTCLUmair Ahmed
These slides cover the whole process of privatization of ptcl. And clearly describe the situation of ptcl before and after privatization.It consist of performance analysis. It help to understand the privatization of ptcl is good or bad decision. it also suggest alternatives to imprive the current situation.
News, case studies and articles from Asian-Pacific competition authorities are welcome. If you have material that you wish to be considered for publication in this newsletter, please contact ajahn@oecdkorea.org.
This newsletter includes brief reports about the initiatives taking place within the OECD-Korea Policy Centre Competition Programme. It includes overviews of meetings held by the OECD in Paris and provides an opportunity for participating economies from the Asia-Pacific region to exchange their latest experiences on competition law and policy issues.
News, case studies and articles from Asian-Pacific competition authorities are welcome. If you have material that you wish to be considered for publication in this newsletter, please contact ajahn@oecdkorea.org.
The Government of Pakistan has offered export facilitation schemes
to exporters with the objectives to lower trade costs and expand
output. Currently, nearly one dozen export facilitation schemes are
active. They also include those which are run by the Federal Board
of Revenue (FBR). The question of ‘effectiveness’ of such schemes
in boosting Pakistan’s exports has remained a consistent theme of
interest among policymakers, international development partners
and private sector. This policy brief builds on a firm-level survey,
conducted by the Sustainable Development Policy Institute (SDPI),
and is an attempt to understand the effectiveness, overall gains,
and shortcomings of four major export facilitation schemes offered
by the FBR, including Duty and Tax Remission for Exports (DTRE),
Manufacturing Bond (MB), Export Oriented Unit (EOU) and Export
Facilitation Scheme (EFS). The study aims to provide insights on how
best to improve design of Export Facilitation Scheme 2021, which will
absorb all other schemes by the end of 2023.
This paper suggests that developing countries should build strong institutional capacity for deploying QMS as an intrinsic management tool among their firms. An easily accessible infrastructure of dedicated institutions to disseminate, educate, and provide training to firms in quality management can help raise overall productivity levels, enabling a nation to manage its resources more efficiently.
The research paper forms part of the E15 Expert Group on ‘Reinvigorating Manufacturing: New Industrial Policy and the Trade System’ brought out jointly by the by the International Centre for Trade and Sustainable Development (ICTSD) and the World Economic Forum and co-convened with the National School of Development at Peking University, and the Confederation of Indian Industry.
UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of...AI Publications
Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance. Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community. Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. Travaux preparatoires is a design practice within legal context of restricted jurisdiction for commercial exercise of strict liability. This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to explain the correlation of tax planning with patented products and medical processes involving therapeutic, surgical, and veterinary policies. Therefore, tax evasion is not apparent criminal behavior and tax planning on medical policies and patented drugs must have a separate strategic means of increasing monetary success for tax avoidance to be clearly managed by the company.
D bove and a yokwana 'the role of competition advocacy in shaping 20 years of...Daniela Bove
12th Annual Conference on competition law, economics and policy (2018)
A paper presented by Daniela Bove and Azania Yokwana on "the role of competition advocacy in shaping 20 years of competition law in South Africa."
The paper shows how competition advocacy played a significant role in cases in the Antiretroviral market, in the construction sector, in markets that employ procurement or bidding processes and in market inquiries. The paper also highlights some of the strategic alliances formed through the competition advocacy initiatives of the Competition Commission of South Africa.
These speaking points by Jean-Yves Art - Microsoft cover a presentation made during a roundtable discussion on Jurisdictional nexus in merger control regimes held at the 123rd meeting of the Working Party No. 3 on Co-operation and Enforcement on 15 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/jurisdictional-nexus-in-merger-control-regimes.htm
Competition advocacy plays a crucial role in disseminating awareness regarding extant competition laws in the country. CCI being the statutory body is responsible for imparting education , workshop and training on various competition law issues and thereby generating a healthy competitive culture in India.
Competition Advocacy is the practice of disseminating awareness on competition issues in India. Competition Commission is the statutory body which is responsible for creating awareness, workshops and training on competition law in India, enhancing fairness and transparency in Indian market and thereby creating a conducive economically competitive culture in market which remarks a progressive market image in global market.
Event: 1st BRIC International Competition Conference 2009
Organizer: Competition Commission of India (CCI)
Source: www.cci.gov.in
Date: 1-2 September, 2009
Venue: Kazan, Russian Federation
Summary: BRIC International Competition Conference is one of the most prestigious conferences in the field of competition law and policy. There is recognition of the growing importance of BRIC countries and definite need for co-operation. Competition Law and Competition Policy in developing and emerging economies are critical to growth and development. There are certain challenges of competition policy development in BRIC countries.
Note: Please visit www.compad.in for more information
CH&Co - Supporting the development and adoption of RegTechNicolas Heguy
This presentation was submitted in January 2016 as an answer to the UK Financial Conduct Authority’s Call for Input on Regtech.
We’re publishing it also here to foster wider discussion on development and adoption of RegTech in the UK.
Special thanks to @Stephane_eyraud, @Patrick_bucquet, @Ekaterina_diakonova, @Sebastien_meunier and @Jean-stephane_gourevitch
Similar to 2016-09-20 Strengthening Private Sector Capacities for Competition Compliance (20)
Day 1 Intro to CCP and Competition Law in Pakistan
2016-09-20 Strengthening Private Sector Capacities for Competition Compliance
1. COMPETITION COMMISSION OF PAKISTAN
Page 1 of 3
Strengthening Private
Sector Capacities for
Competition Compliance
S U B M I S S I O N O F T H E C O M P E T I T I O N C O M M I S S I O N O F PA K I S TA N
U N C TA D , 17 - 21 O C T O B E R 2 016
Introduction
1. Both competition and consumer protection form the bulk of the enforcement work done by the Com-
petition Commission of Pakistan. Since 2007, when it was formed, the Commission initially focused on
enforcement to establish itself in the public’s perception. At that time, it was understood that it was pos-
sible to have everything in place – a new law and a new organisation to implement it – but still have a
weak competition regime because of inadequate enforcement activity.
2. With the experience of almost a decade, the Commission realises that not only must it be a market regu-
lator but a market developer as well. This paper talks about the recent steps taken by the Competition
Commission of Pakistan in encouraging compliance by the private sector and for building their capacity
for this compliance.
Why Encourage Compliance? Challenges in Enforcement
3. Compliance has become important globally.
PwC, in its 3rd
ANNUAL STATE OF COMPLIANCE
SURVEY, says “It has become increasingly
clear that managing compliance is not only
required to maintain legal or regulatory
standing, but is essential to navigating the
global environment in order to execute the
business strategy. In particular, companies
that expand into new markets must have ef-
fective compliance programs in place in order
to navigate the complexities of operating in
multiple geographies with differing local and
regional rules and regulations. To be effective
today, compliance officers must ensure that
their compliance programs work in concert
with their organizations’ wider strategic
goals.”1
4. Encouraging compliance in companies is im-
portant for the Commission for two reasons.
First, although the Commission’s various en-
forcement actions since 2007 have resulted in
the imposition of penalties to the amount PKR
26 billion (US$ 247.62 million),2
this has failed
1 PwC’s 3rd Annual State of Compliance Survey, 2013, pg. 4,
available at https://www.pwc.com/us/en/risk-management/as-
sets/pwc-soc-survey-2013-final.pdf
to produce any compliance commitments as
these penalties are simply a price of non-com-
pliance and are pending judicial review. And
second, there is more to compliance than just
deterrence, especially when deterrence can
be delayed by the legal process. The Commis-
sion’s approach to enforcement requires re-
thinking to move beyond the traditional fines
and penalties – the market regulator role. In-
stead, an important part of enforcement
should emphasise creating pro-compliance –
and competition - cultures in companies – the
market developer role.
5. Although compliance programmes can help
mitigate fines, this is not the Commission’s
sole aim in encouraging these. Competition
law has become a global law and there is in-
creased international co-operation to improve
enforcement, especially against cartels than
span national boundaries. Given Pakistan’s
level of economic development and the chal-
lenges it faces in integrating in the global
markets, the premise behind its compliance
2 Exchange rate of PKR 105 to US$1.00
2. COMPETITION COMMISSION OF PAKISTAN
Page 2 of 3
activities is simple: help local companies un-
derstand the ramifications of violating com-
petition – or for that purpose, any other – law,
promote ethical behaviour by and between
companies, and explain the usefulness of hav-
ing internal mechanisms that reward good
behaviour and sanction that which is unac-
ceptable, locally and globally.
6. Encouraging compliance is also important for
matters of practicality. With limited human
and financial resources, the Commission can-
not handle all cases that may arise, nor can it
monitor the entire economy. Companies need
to be actively encouraged to undertake a
more central role in changing internal values,
existing ways of doing business that could be
questionable, and ensuring genuine compli-
ance efforts to supplement any enforcement
by the regulator.
Promoting Compliance in the Private Sector – Pakistan’s Strategy and
Experience So Far
7. The Commission organised a NATIONAL ROAD
SHOW ON COMPETITION LAW from 4 Decem-
ber 2015 to 30 January 2016 in 22 cities of the
country. The main objective of the Road
Show was to encourage voluntary compliance
by familiarising the business community with
Pakistan’s competition law. This was a neces-
sary first step as encouraging compliance
meant increasing awareness of the law and its
benefits for the business community.
8. Given the sequential manner and the specific
route plan in which the Commission’s teams
travelled throughout Pakistan, the Road
Show was termed the “Competition Cara-
van.” The Commission organised around 30
interactive sessions in the chambers of com-
merce and trade associations of 22 cities that
saw considerable participation of the business
community.
9. One of the objectives of the Road Show was
for the Commission to establish a channel of
communication with the business community
to encourage regular liaison with them
through their appointed focal persons and, at
the same time, set a future strategy for mu-
tual co-operation and collaboration in the
area of competition advocacy and voluntary
compliance.
10. The Road Show also helped create awareness
of the general public about the role of the
Commission in the economy. National media
helped the Commission communicate its
message through extensive coverage of the
Road Show sessions. In total, 270 news report
published by newspapers with a balanced mix
of both English and Urdu.3
11. The Road Show proved to be mutually benefi-
cial both for the Commission and the partici-
pating business community in terms of
knowledge sharing and feedback on competi-
tion issues. The information imparted to the
participants laid the foundation for helping
companies improve compliance with the law.
Promoting Compliance – the Strategy for 2017 Onwards
12. In 2012, the Commission prepared a VOLUN-
TARY COMPETITION COMPLIANCE CODE –
along with a list of frequently asked ques-
tions4
– to encourage the discussion on com-
pliance by companies and its adoption.
13. The Code, renamed as the GUIDANCE ON
COMPETITION COMPLIANCE, is being revised
to make it more accessible to the business
community and the general public. The first
part of the Guidance talks about Pakistan’s
competition law and defines concepts such as
3
The Commission’s website contains much information about
the NATIONAL ROAD SHOW ON COMPETITION LAW at
http://cc.gov.pk/index.php?option=com_content&view=arti-
cle&id=322&Itemid=226&lang=en
abuse of dominance, prohibited agree-
ments, deceptive marketing practices, and
mergers and acquisitions.
14. The second part help companies to under-
stand possible drivers of non-compliance that
include lack of importance to compliance by
senior management, unfamiliarity with legal
requirements, employee naiveté or “rogue”
employees, arrogance, and competing inter-
ests etc. Understanding what drives compli-
ance and non-compliance has important im-
plications for these companies. The relative
4
The Code can be found at: http://cc.gov.pk/images/Down-
loads/research_and_publications/vccc.pdf and the Frequently
Asked Questions at http://cc.gov.pk/images/Downloads/re-
search_and_publications/faqs_on_vcc_code.pdf
3. COMPETITION COMMISSION OF PAKISTAN
Page 3 of 3
costs and benefits of compliance could shape
the behaviour of companies and the decision
to comply (or not) with the law.
15. Different drivers can be addressed internally
through risk assessments. Such risk assess-
ment varies across companies and within a
company depending on the level of em-
ployee, industry, country, and existing norms.
This makes a one size fits all approach difficult
to implement and probably inappropriate. In
some cases, companies may not properly as-
sess the risks of non-compliance. The inability
or failure to identify such risks can impact
company behaviour and goodwill.
16. The revised GUIDANCE will be presented to
select representatives from the various cham-
bers and trade associations at an event sched-
uled to coincide with (the informal) World
Competition Day – 5 December 2016.5
The
Commission is planning this event carefully.
Any training on compliance should not be
simply the transfer of information so that em-
ployees know what is allowed and not al-
lowed but it must also be motivational.
17. These are areas of culture change and this is
one of hardest challenges for management to
change the “business as usual” approach to
operations. Changing the culture of a com-
pany involves changing the incentives to pro-
mote compliance and to promote the ethical
value of compliance. There are monetary and
other consideration that militate against such
change.
18. In the long term, the Commission would like
to see certain outcomes from its collaboration
with the private sector e.g., competition law
compliance is integrated into the ethics and
compliance infrastructure, not isolated; senior
management demonstrates support through
action, not just words; the possibility for em-
ployees to communicate misconduct safely
and protection against retaliation for those
who do raise concerns.
Conclusion
19. The Competition Commission of Pakistan recognises that promoting compliance is an important part of
its overall portfolio of work. But promoting compliance will not come at the expense of enforcement.
While enforcement remains essential and penalties will continue to have an important role to play, the
real debate with the business community is how to change normative societal values, so that competi-
tion compliance is part of good management, not because of a fear of enforcement, but rather because it
is ethically the right thing to do. The success of any enforcement activity – namely, to reduce anti-com-
petitive conduct in the market – is closely linked to the creation and effective implementation of a com-
pliance culture.
20. The Commission has, in the initial phase, begun to engage more with the business community in such
efforts to create a more visible and useful competition compliance system. The ambit of interaction in
future will include academics, the legal community, and ethics and governance professionals, all of
whom play a key role in instilling good business practices.
5 See http://incsoc.net/World_Competition_Day.htm