This document discusses the development of competition policy in Georgia from 1992 to 2012. It outlines Georgia's international obligations regarding competition from organizations like the EU, WTO, and OECD. It then details the evolution of Georgia's legal and institutional framework for competition policy, including the establishment of an Antimonopoly Administration in 1992 and the passage of key laws on competition in 1995-1996. Reforms continued through the 2000s to bring policy more in line with EU standards.
This document discusses Montenegro's progress in meeting the requirements to join the European Union (EU). It provides an overview of Montenegro's relationship with the EU since 2001 and the steps it has taken towards membership, including receiving candidate status in 2009. It then summarizes Montenegro's status in negotiating the 35 policy chapters that are required to be closed before accession, noting that 2 chapters have been provisionally closed, 20 chapters have been opened for negotiation, and 13 chapters have yet to be opened. Finally, it provides brief summaries of several key negotiation chapters, including free movement of goods, competition policy, financial services, and information society and media.
The document discusses debarment of companies from public contracts in the European Union. It provides context on the development of debarment and the issues it presents. It then summarizes the key aspects of the new EU Public Procurement Directives implemented in 2014, including strengthened mandatory grounds for exclusion/debarment such as conviction for corruption, fraud, or other criminal offenses. The directives aim to increase transparency and prevent conflicts of interest in public procurement through measures like mandatory reporting of violations and record keeping of high-value contracts.
The World Trade Organisation (WTO) was established in 1995 and superseded the General Agreement on Tariffs and Trade (GATT). The WTO aims to help trade flow freely between its 132 member countries according to agreed upon rules. It covers trade in goods, services, and intellectual property. Key aspects of the WTO include negotiated tariff reductions, rules on agriculture, subsidies, anti-dumping measures, settling trade disputes, and special provisions for developing countries. While the WTO aims to promote free trade, some critics argue it does not adequately address power imbalances between developed and developing nations and could undermine local industries in poorer countries.
A Strong Competition Policy for the PhilippinesFnf Manila
The document discusses competition policy and law in the Philippines. It notes that the Philippines currently lacks comprehensive competition legislation. Various existing laws relate to competition are spread across different sectors and agencies. Two bills aiming to establish a competition commission and penalize anti-competitive practices have been pending in Congress. The document argues that adopting ASEAN guidelines and passing comprehensive competition legislation will benefit the Philippines as it engages in more free trade agreements.
The chapter discusses the legal and political environment factors that global marketers must consider. It covers international laws and agreements, the political climate in home and host countries, and terms of access such as import tariffs and quotas. The objectives are to understand the legal/political factors, describe key terms of access, and explain their importance in global marketing. Assessing the legal and political systems is vital for evaluating risks and implications for marketing decisions.
The document discusses the evolution of competition laws in India from the MRTP Act of 1969 to the current Competition Act of 2002. It provides details on the key provisions and changes made by amendments over time to the MRTP Act in 1991 and 1984, as well as the introduction of the Competition Act in 2002. It also summarizes a key case related to the MRTP Commission's powers to examine mergers and compares some of the major differences between the MRTP Act and the Competition Act.
This document provides information about the Authority for Fair Competition and Consumer Protection (AFCCP) in Mongolia. It discusses the history and development of competition law and consumer protection law in Mongolia. It outlines the establishment of AFCCP in 2008 and its roles in enforcing competition and consumer protection laws. It also summarizes AFCCP's activities from 2005 to 2010 and discusses ongoing and future areas of focus.
Day 1 Intro to CCP and Competition Law in PakistanAhmed Qadir
The document discusses the importance of competition in developing countries and the need for competition laws. It provides background on competition laws in Pakistan, from the original 1970 law to the current 2010 Competition Act. The current law established the Competition Commission of Pakistan and prohibits anti-competitive behaviors such as abuse of dominant market position, cartelization through prohibited agreements, deceptive marketing practices, and mergers or acquisitions that substantially lessen competition. It also stresses the importance of advocacy and increasing awareness of competition laws.
This document discusses Montenegro's progress in meeting the requirements to join the European Union (EU). It provides an overview of Montenegro's relationship with the EU since 2001 and the steps it has taken towards membership, including receiving candidate status in 2009. It then summarizes Montenegro's status in negotiating the 35 policy chapters that are required to be closed before accession, noting that 2 chapters have been provisionally closed, 20 chapters have been opened for negotiation, and 13 chapters have yet to be opened. Finally, it provides brief summaries of several key negotiation chapters, including free movement of goods, competition policy, financial services, and information society and media.
The document discusses debarment of companies from public contracts in the European Union. It provides context on the development of debarment and the issues it presents. It then summarizes the key aspects of the new EU Public Procurement Directives implemented in 2014, including strengthened mandatory grounds for exclusion/debarment such as conviction for corruption, fraud, or other criminal offenses. The directives aim to increase transparency and prevent conflicts of interest in public procurement through measures like mandatory reporting of violations and record keeping of high-value contracts.
The World Trade Organisation (WTO) was established in 1995 and superseded the General Agreement on Tariffs and Trade (GATT). The WTO aims to help trade flow freely between its 132 member countries according to agreed upon rules. It covers trade in goods, services, and intellectual property. Key aspects of the WTO include negotiated tariff reductions, rules on agriculture, subsidies, anti-dumping measures, settling trade disputes, and special provisions for developing countries. While the WTO aims to promote free trade, some critics argue it does not adequately address power imbalances between developed and developing nations and could undermine local industries in poorer countries.
A Strong Competition Policy for the PhilippinesFnf Manila
The document discusses competition policy and law in the Philippines. It notes that the Philippines currently lacks comprehensive competition legislation. Various existing laws relate to competition are spread across different sectors and agencies. Two bills aiming to establish a competition commission and penalize anti-competitive practices have been pending in Congress. The document argues that adopting ASEAN guidelines and passing comprehensive competition legislation will benefit the Philippines as it engages in more free trade agreements.
The chapter discusses the legal and political environment factors that global marketers must consider. It covers international laws and agreements, the political climate in home and host countries, and terms of access such as import tariffs and quotas. The objectives are to understand the legal/political factors, describe key terms of access, and explain their importance in global marketing. Assessing the legal and political systems is vital for evaluating risks and implications for marketing decisions.
The document discusses the evolution of competition laws in India from the MRTP Act of 1969 to the current Competition Act of 2002. It provides details on the key provisions and changes made by amendments over time to the MRTP Act in 1991 and 1984, as well as the introduction of the Competition Act in 2002. It also summarizes a key case related to the MRTP Commission's powers to examine mergers and compares some of the major differences between the MRTP Act and the Competition Act.
This document provides information about the Authority for Fair Competition and Consumer Protection (AFCCP) in Mongolia. It discusses the history and development of competition law and consumer protection law in Mongolia. It outlines the establishment of AFCCP in 2008 and its roles in enforcing competition and consumer protection laws. It also summarizes AFCCP's activities from 2005 to 2010 and discusses ongoing and future areas of focus.
Day 1 Intro to CCP and Competition Law in PakistanAhmed Qadir
The document discusses the importance of competition in developing countries and the need for competition laws. It provides background on competition laws in Pakistan, from the original 1970 law to the current 2010 Competition Act. The current law established the Competition Commission of Pakistan and prohibits anti-competitive behaviors such as abuse of dominant market position, cartelization through prohibited agreements, deceptive marketing practices, and mergers or acquisitions that substantially lessen competition. It also stresses the importance of advocacy and increasing awareness of competition laws.
For our March edition of public matters:
• Steven Brunning summarises the main points of the new public procurement regime and provides a summary of the latest case on lifting the automatic suspension in relation to procurement challenges
• Anja Beriro explores the latest public procurement policy notes issued by the Cabinet Office
• Neil Walker provides two interesting articles on some important property related cases.
This presentation by Teresa MOREIRA, Head, Competition and Consumer Policies Branch, UNCTAD, was made during the discussion “Competition provisions in trade agreements” held at the 18th meeting of the OECD Global Forum on Competition on 5 December 2019. More papers and presentations on the topic can be found at oe.cd/cpta.
The document discusses the constitutional basis and evolution of competition law in India. It notes that Articles 38 and 39 of the Indian Constitution mandate promoting social welfare and minimizing economic inequalities, triggering the first competition law in 1969. A committee in 1999 recommended a modern competition law aligned with international standards. This led to the Competition Act of 2002, which aims to promote fair competition while allowing for monopolies in some industries. It prohibits anti-competitive agreements and abuse of dominant positions while regulating mergers and acquisitions. The Competition Commission of India was established to enforce the Act and advocate for pro-competitive policies.
This presentation by Susan F. STONE, Head, Emerging Policy Division, Trade and Agriculture Directorate, OECD, was made during the discussion “Competition provisions in trade agreements” held at the 18th meeting of the OECD Global Forum on Competition on 5 December 2019. More papers and presentations on the topic can be found at oe.cd/cpta.
This document provides background information on public procurement in Ghana. It discusses how the government has implemented various laws and policies over time to reform procurement practices, address issues of corruption and inefficiency, and promote transparency and value for money. The key reforms included the Public Procurement Act of 2003, which established standardized procedures and oversight mechanisms. However, some public entities still do not fully comply with the Act's provisions. The study aims to examine the impact of the 2003 Act on procurement practices and value for money in the Ga Central Municipal Assembly.
This document provides an overview of the political environment and how it affects business operations. It discusses factors like laws and regulations that constrain business activity on local, national, and international levels. The political environment has three dimensions: foreign, domestic, and international politics. Political instability can arise from social unrest, national attitudes, and host government policies. Politics interfaces with business through intervention, expropriation, and various controls like exchange, import, market, tax, price, and labor restrictions. Key laws that shape the legal environment for business are also outlined, including MRTP, SEBI, FEMA, and the Consumer Protection Act. Changes to these laws can impact business policies, growth, marketing decisions, and organizations.
EU Law Quantitative Restrictions Kindly donated by Robert Gaudet JrLawSWOT
This document provides an overview of European Union law regarding quantitative restrictions and measures having an equivalent effect on imports and exports between EU member states. It defines quantitative restrictions as non-pecuniary restrictions on trade between states. The document outlines key cases that have established and clarified the scope of Articles 34 and 35 of the TFEU, which prohibit quantitative restrictions and measures equivalent to quantitative restrictions. It discusses what constitutes a measure having an equivalent effect, exceptions under Article 36, and the concept of "indistinctly applicable rules" established in Cassis de Dijon. The document also addresses selling arrangements and the Keck doctrine, which established that certain selling arrangements fall outside the scope of Article 34.
The document summarizes Canada's approach to competition policy in trade agreements. It notes that the Competition Bureau sits at the negotiating table and is the lead negotiator for competition policy chapters. This is unique compared to other countries whose competition authorities are only involved in negotiations. The Bureau works closely with other government departments in drafting instructions, proposals, and reviewing texts to ensure alignment with Canadian laws. It also monitors various cross-cutting issues and reviews texts in other chapters for potential overlaps with competition policy. Finally, the document highlights Canada's inclusive approach to trade that considers broader economic and social priorities.
Us tax-the-link-between-transfer-pricing-and-customs-valuationJavierAparicio35
The customs authorities in Angola may require transfer pricing reports to substantiate the use of the transaction value method for related party imports, though such reports alone are not viewed as sufficient. It is recommended to conduct an analysis showing that intercompany prices are consistent with market prices. While possible in theory, agreeing on the same price for tax and customs purposes has not occurred in practice. No detailed guidance from customs on related party prices or transfer pricing adjustments is publicly available.
The document discusses deregulation in Ukraine. It provides an overview of Ukraine's poor ratings in terms of doing business and economic freedom compared to other countries. It then discusses why a "guillotine" approach to deregulation that abolishes all regulations at once is not advisable, as Ukraine has international obligations and harmonized legislation with the EU. The document outlines a vision for deregulation reform through decreasing regulations and inspections while strengthening regulatory bodies. It proposes establishing a Better Regulation Delivery Office to review legislation sector by sector and guide deregulation efforts. Several initial deregulation initiatives and their results are highlighted.
This presentation by the Georgian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This document provides an overview of advertising regulation in the United States. It discusses self-regulation by advertisers, trade associations, and media. It also outlines regulation by various government agencies at the local, state, and federal levels, including the Federal Trade Commission (FTC) and Federal Communications Commission (FCC). The FTC regulates deceptive and unfair advertising practices. The document also discusses regulation of specific media such as television, online marketing, and spam.
This presentation by the Competition Commission of Malaysia was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
The UK has four main bodies that govern competition:
1. The government ensures competition in the public interest and intervenes when necessary in privatized industries.
2. The Office of Fair Trading (OFT) ensures businesses comply with competition law.
3. The Competition Commission reviews mergers, monopolies and regulatory inquiries, and hears appeals of OFT decisions.
4. Regulators like OFCOM and OFWAT have investigative and enforcement powers like the OFT over privatized industries.
Mrtp to competition when the world at large is a single platform for trade an...92_neil
The document discusses the progression from the MRTP Act to the Competition Act in India. Key points include:
- The MRTP Act focused on preventing concentration of economic power and controlling monopolies and restrictive/unfair trade practices.
- The Competition Act aims to promote competition and protect consumer interests. It prohibits anti-competitive agreements, abuse of dominant position, and regulates combinations.
- The Competition Commission of India was established to prevent practices having an appreciable adverse effect on competition in India. It has powers to conduct inquiries and impose penalties.
M/s santuka associate pvt ltd vs AIOCD & ors Bindu Kshtriya
This case involved allegations by Santuka Associates Pvt Ltd against All India Organisation of Chemists and Druggists (AIOCD) of engaging in anti-competitive practices. Specifically, AIOCD was alleged to impose unfair conditions like requiring no-objection certificates and product information service approvals on stockists and distributors. It also allegedly issued threats of boycotts. The Competition Commission of India found that AIOCD abused its dominant position by restricting market supply and limiting competition through these practices, in violation of Section 3 of the Competition Act. It imposed a penalty on AIOCD and ordered it to cease such anti-competitive behaviors.
This document outlines the condition of Georgia's business environment and proposes concepts for its improvement. It identifies several key problems, including a declining real sector share of GDP, falling business sector turnover and production, low private sector capital formation, and employment indicators that have remained stagnant despite GDP growth. Proposed goals for improvement include developing the legislative and regulatory framework, increasing political stability, qualifying the labor force, creating a fair labor market, economic forecasting, and expanding infrastructure and access to financing. Short-term tasks focus on institutional reforms while medium-term tasks address simplifying taxation, improving credit access, strengthening investor protections, and enhancing business education.
Information note by the co-rapporteurs on their fact-finding visit to Tbilisi and Batumi (11-14 October 2011)1. Co-rapporteurs: Mr Kastriot ISLAMI, Albania, Socialist group, and Mr Michael Aastrup JENSEN, Denmark, Alliance of Liberals and Democrats for Europe
For our March edition of public matters:
• Steven Brunning summarises the main points of the new public procurement regime and provides a summary of the latest case on lifting the automatic suspension in relation to procurement challenges
• Anja Beriro explores the latest public procurement policy notes issued by the Cabinet Office
• Neil Walker provides two interesting articles on some important property related cases.
This presentation by Teresa MOREIRA, Head, Competition and Consumer Policies Branch, UNCTAD, was made during the discussion “Competition provisions in trade agreements” held at the 18th meeting of the OECD Global Forum on Competition on 5 December 2019. More papers and presentations on the topic can be found at oe.cd/cpta.
The document discusses the constitutional basis and evolution of competition law in India. It notes that Articles 38 and 39 of the Indian Constitution mandate promoting social welfare and minimizing economic inequalities, triggering the first competition law in 1969. A committee in 1999 recommended a modern competition law aligned with international standards. This led to the Competition Act of 2002, which aims to promote fair competition while allowing for monopolies in some industries. It prohibits anti-competitive agreements and abuse of dominant positions while regulating mergers and acquisitions. The Competition Commission of India was established to enforce the Act and advocate for pro-competitive policies.
This presentation by Susan F. STONE, Head, Emerging Policy Division, Trade and Agriculture Directorate, OECD, was made during the discussion “Competition provisions in trade agreements” held at the 18th meeting of the OECD Global Forum on Competition on 5 December 2019. More papers and presentations on the topic can be found at oe.cd/cpta.
This document provides background information on public procurement in Ghana. It discusses how the government has implemented various laws and policies over time to reform procurement practices, address issues of corruption and inefficiency, and promote transparency and value for money. The key reforms included the Public Procurement Act of 2003, which established standardized procedures and oversight mechanisms. However, some public entities still do not fully comply with the Act's provisions. The study aims to examine the impact of the 2003 Act on procurement practices and value for money in the Ga Central Municipal Assembly.
This document provides an overview of the political environment and how it affects business operations. It discusses factors like laws and regulations that constrain business activity on local, national, and international levels. The political environment has three dimensions: foreign, domestic, and international politics. Political instability can arise from social unrest, national attitudes, and host government policies. Politics interfaces with business through intervention, expropriation, and various controls like exchange, import, market, tax, price, and labor restrictions. Key laws that shape the legal environment for business are also outlined, including MRTP, SEBI, FEMA, and the Consumer Protection Act. Changes to these laws can impact business policies, growth, marketing decisions, and organizations.
EU Law Quantitative Restrictions Kindly donated by Robert Gaudet JrLawSWOT
This document provides an overview of European Union law regarding quantitative restrictions and measures having an equivalent effect on imports and exports between EU member states. It defines quantitative restrictions as non-pecuniary restrictions on trade between states. The document outlines key cases that have established and clarified the scope of Articles 34 and 35 of the TFEU, which prohibit quantitative restrictions and measures equivalent to quantitative restrictions. It discusses what constitutes a measure having an equivalent effect, exceptions under Article 36, and the concept of "indistinctly applicable rules" established in Cassis de Dijon. The document also addresses selling arrangements and the Keck doctrine, which established that certain selling arrangements fall outside the scope of Article 34.
The document summarizes Canada's approach to competition policy in trade agreements. It notes that the Competition Bureau sits at the negotiating table and is the lead negotiator for competition policy chapters. This is unique compared to other countries whose competition authorities are only involved in negotiations. The Bureau works closely with other government departments in drafting instructions, proposals, and reviewing texts to ensure alignment with Canadian laws. It also monitors various cross-cutting issues and reviews texts in other chapters for potential overlaps with competition policy. Finally, the document highlights Canada's inclusive approach to trade that considers broader economic and social priorities.
Us tax-the-link-between-transfer-pricing-and-customs-valuationJavierAparicio35
The customs authorities in Angola may require transfer pricing reports to substantiate the use of the transaction value method for related party imports, though such reports alone are not viewed as sufficient. It is recommended to conduct an analysis showing that intercompany prices are consistent with market prices. While possible in theory, agreeing on the same price for tax and customs purposes has not occurred in practice. No detailed guidance from customs on related party prices or transfer pricing adjustments is publicly available.
The document discusses deregulation in Ukraine. It provides an overview of Ukraine's poor ratings in terms of doing business and economic freedom compared to other countries. It then discusses why a "guillotine" approach to deregulation that abolishes all regulations at once is not advisable, as Ukraine has international obligations and harmonized legislation with the EU. The document outlines a vision for deregulation reform through decreasing regulations and inspections while strengthening regulatory bodies. It proposes establishing a Better Regulation Delivery Office to review legislation sector by sector and guide deregulation efforts. Several initial deregulation initiatives and their results are highlighted.
This presentation by the Georgian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This document provides an overview of advertising regulation in the United States. It discusses self-regulation by advertisers, trade associations, and media. It also outlines regulation by various government agencies at the local, state, and federal levels, including the Federal Trade Commission (FTC) and Federal Communications Commission (FCC). The FTC regulates deceptive and unfair advertising practices. The document also discusses regulation of specific media such as television, online marketing, and spam.
This presentation by the Competition Commission of Malaysia was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
The UK has four main bodies that govern competition:
1. The government ensures competition in the public interest and intervenes when necessary in privatized industries.
2. The Office of Fair Trading (OFT) ensures businesses comply with competition law.
3. The Competition Commission reviews mergers, monopolies and regulatory inquiries, and hears appeals of OFT decisions.
4. Regulators like OFCOM and OFWAT have investigative and enforcement powers like the OFT over privatized industries.
Mrtp to competition when the world at large is a single platform for trade an...92_neil
The document discusses the progression from the MRTP Act to the Competition Act in India. Key points include:
- The MRTP Act focused on preventing concentration of economic power and controlling monopolies and restrictive/unfair trade practices.
- The Competition Act aims to promote competition and protect consumer interests. It prohibits anti-competitive agreements, abuse of dominant position, and regulates combinations.
- The Competition Commission of India was established to prevent practices having an appreciable adverse effect on competition in India. It has powers to conduct inquiries and impose penalties.
M/s santuka associate pvt ltd vs AIOCD & ors Bindu Kshtriya
This case involved allegations by Santuka Associates Pvt Ltd against All India Organisation of Chemists and Druggists (AIOCD) of engaging in anti-competitive practices. Specifically, AIOCD was alleged to impose unfair conditions like requiring no-objection certificates and product information service approvals on stockists and distributors. It also allegedly issued threats of boycotts. The Competition Commission of India found that AIOCD abused its dominant position by restricting market supply and limiting competition through these practices, in violation of Section 3 of the Competition Act. It imposed a penalty on AIOCD and ordered it to cease such anti-competitive behaviors.
This document outlines the condition of Georgia's business environment and proposes concepts for its improvement. It identifies several key problems, including a declining real sector share of GDP, falling business sector turnover and production, low private sector capital formation, and employment indicators that have remained stagnant despite GDP growth. Proposed goals for improvement include developing the legislative and regulatory framework, increasing political stability, qualifying the labor force, creating a fair labor market, economic forecasting, and expanding infrastructure and access to financing. Short-term tasks focus on institutional reforms while medium-term tasks address simplifying taxation, improving credit access, strengthening investor protections, and enhancing business education.
Information note by the co-rapporteurs on their fact-finding visit to Tbilisi and Batumi (11-14 October 2011)1. Co-rapporteurs: Mr Kastriot ISLAMI, Albania, Socialist group, and Mr Michael Aastrup JENSEN, Denmark, Alliance of Liberals and Democrats for Europe
This document discusses proposed amendments to the Georgian Criminal Procedure Code related to principles of a fair trial. It addresses issues such as the principles of public trial and adversarial proceedings, rights of defense counsel, problems with indirect testimony, and forensic psychiatric expertise. The document provides explanatory notes on each topic and presents a draft law on changing and adding to the Criminal Procedure Code of Georgia.
This document proposes reforms to Georgia's Ministry of Internal Affairs (MIA) and police system. It recommends separating the state security service from the MIA in order to depoliticize the police. It also suggests establishing a Ministry of Internal Affairs focused on civil services and public order protection, with municipal police forces and a public council for civic control of law enforcement. The reformed system would implement advanced international practices and principles of career progression for police.
საქართველოს განვითარების კვლევითი ინსტიტუტი, GDRI აქვეყნებს სოციოლოგიური კვლევის - "ამომრჩეველთა პოლიტიკური განწყობებისა და ქვეყანაში მიმდინარე პროცესების მიმართ მათი დამოკიდებულების შესწავლა" - ანალიტიკურ ანგარიშს.
კვლევა ჩაატარა სოციალური კვლევისა და ანალიზის ინსტიტუტმა.
The document summarizes key points about competition policy and economic regulation in Georgia. It discusses international rules and principles related to competition, Georgia's international commitments, the EU's competition law and how it relates to Georgia, issues with Georgia's current 2005 competition law, draft revisions to the competition law being considered, and institutional reforms underway in 2010-2011 to strengthen the competition authority. It also analyzes aspects of the draft law that need improvement, such as its limited scope of application and broad exemptions.
This presentation by Anna Caroline MÜLLER, Legal Affairs Officer, WTO, was made during the discussion “Competition provisions in trade agreements” held at the 18th meeting of the OECD Global Forum on Competition on 5 December 2019. More papers and presentations on the topic can be found at oe.cd/cpta.
The World Trade Organization (WTO) ensures that global trade flows smoothly and predictably through establishing trade agreements and resolving disputes. It replaced the General Agreement on Tariffs and Trade (GATT) in 1995. The WTO aims to facilitate trade liberalization, provide a forum for negotiations, administer dispute settlement procedures, conduct trade policy reviews, and cooperate with other international organizations like the IMF and World Bank. Key principles of the WTO include non-discrimination, reciprocity, binding commitments, transparency, and exceptions to allow for measures protecting public health, national security, or industries facing serious injury from imports. The dispute settlement process involves consultation, panel review if consultations fail, an appeals process, and binding decisions.
The World Trade Organization (WTO) is an intergovernmental organization that regulates international trade. It has 164 member countries. The WTO aims to ensure trade flows smoothly and predictably by establishing a framework for trade policies and settling disputes between members. Key principles of the WTO include non-discrimination between trading partners, reciprocity in trade agreements, transparency in trade policies, and safety valves that allow members to restrict trade in limited circumstances such as to protect health or the environment. The WTO oversees agreements on trade in goods, services, and intellectual property protection.
The document discusses regional trade systems and the principles of the international trading system. It outlines five key principles: non-discrimination, reciprocity, binding and enforceable commitments, transparency, and safety valves. It then lists recommendations to promote free trade, continue institutions like the WTO, progressively deregulate and free trade while providing consumer information, and assist poor countries in participating in the international trading system.
What is WTO?
Objectives of WTO.
Rules of WTO.
WTO Issues in Pakistan.
What are the benefits of WTO?
What is an example of world trade?
What is the main function of the World Trade Organization?
What is the main purpose of the World Trade Organization?
The document discusses competition law and policy in India. It provides definitions of key concepts like competition and dominant position. It describes the objectives of competition law as promoting economic efficiency and consumer welfare. The Competition Act 2002 aims to prevent anti-competitive practices by firms like cartels, abuse of dominance, and regulate mergers and acquisitions. It established the Competition Commission of India as a regulatory body with quasi-judicial powers.
Progression of MRTP Act to Competition Act in the era of globalization where ...92_neil
This document summarizes the progression from the MRTP Act of 1969 to the Competition Act of 2002 in India amid globalization. The MRTP Act aimed to control monopolies and restrictive trade practices. It was replaced by the Competition Act, which established the Competition Commission of India to prevent anti-competitive practices and protect consumer interests in a liberalized market. The key differences between the two acts are that the Competition Act is more proactive, defines competition offenses explicitly, and imposes penalties, seeking to foster fair competition amid India's economic reforms and openness to global trade.
The document summarizes several key agreements established by the World Trade Organization (WTO). It discusses agreements related to goods, services, intellectual property, agriculture, standards and safety, technical barriers to trade, subsidies and countervailing measures, safeguards, trade in services, and trade-related aspects of intellectual property rights. The agreements establish common rules and commitments among WTO members related to lowering trade barriers, opening markets, establishing fair trade practices, and resolving disputes.
The document summarizes several agreements established by the World Trade Organization (WTO) to regulate international trade. It discusses agreements covering goods, services, intellectual property, agriculture, standards and safety, technical barriers to trade, subsidies and countervailing measures, safeguards, trade in services, and trade-related aspects of intellectual property rights. The agreements establish common rules and procedures governing areas such as market access, domestic support, sanitary regulations, technical standards, customs valuation, anti-dumping measures, and enforcement of intellectual property rights.
The President of El Salvador presented amendments to strengthen the country's Competition Law to the Legislative Assembly. The amendments aim to provide a clearer legal framework, better adapt the law to El Salvador's economy, and give tools to strengthen the Competition Superintendence agency. The amendments would expand the agency's ability to investigate anticompetitive practices, regulate new types of anticompetitive behavior, and sanction organizations that recommend such practices. The agency has distributed the draft amendments to political parties and will meet with business groups to discuss the changes.
The document provides an overview of the Competition Act of 2002 in India. Some key points:
- The Competition Act aims to prevent anti-competitive practices and promote competition. It established the Competition Commission of India (CCI) to implement the law.
- The Act repealed the Monopolies and Restrictive Trade Practices Act of 1969, which took a narrow view of competition. The new law focuses on "appreciable adverse effects on competition."
- CCI's roles include investigating anti-competitive agreements and abuse of dominance, regulating mergers and acquisitions, conducting advocacy work, and imposing penalties on violators.
The document provides an introduction to the Competition Act of 2002 in India. It summarizes that the Act was introduced to replace the Monopolies and Restrictive Trade Practices Act of 1969 by establishing a new competition regulatory authority. The Act aims to prevent anti-competitive practices like anti-competitive agreements and abuse of dominant positions while regulating combinations/mergers. It also seeks to encourage competition advocacy to promote a culture of competition in India's economic policies and laws.
International Business Dynamics by Nagarjun Reddy module 3PNagarjunReddyReddy
The document discusses the World Trade Organization (WTO), regional trade blocks, and India's adoption of liberalization, privatization, and globalization (LPG) policies. It provides background on the WTO, including that it was established in 1995 and provides a framework for global trade rules. It also describes regional trade blocks and strategic alliances between countries. In addition, it outlines India's LPG policies introduced in 1991 to liberalize and open its economy, including the goals, components (liberalization, privatization, globalization), impacts, and examples of privatization in India.
This document discusses green products and services in the context of the WTO Doha Round negotiations and a future low-carbon society. It provides an overview of the WTO, including its goals of facilitating trade while allowing environmental and social objectives. The WTO agreements cover goods, services, intellectual property, dispute settlement, and trade policy review. Key principles include non-discrimination, national treatment, freer trade through lowering barriers, and predictability and transparency. The implications are that reducing tariffs and barriers to trade in environmental goods and services through the WTO rules can benefit both trade and the environment by promoting investment and technology transfer related to green products and services.
This presentation by François-Charles LAPRÉVOTE, Partner, Cleary Gottlieb Steen & Hamilton LLP, was made during the discussion “Competition provisions in trade agreements” held at the 18th meeting of the OECD Global Forum on Competition on 5 December 2019. More papers and presentations on the topic can be found at oe.cd/cpta.
This document summarizes the key points of a presentation on competition law in Malaysia. It discusses:
- The establishment of the Malaysia Competition Commission (MyCC) to enforce competition law.
- An overview of the Competition Act 2010, which prohibits anti-competitive agreements and abuse of dominant position.
- Examples of prohibited conduct like price-fixing and refusal to supply.
- The impact of competition law on businesses and the legal profession in Malaysia, including the need to review agreements and introduce compliance programs.
- Benefits of competition like increased choice, value and innovation.
- The "sword and shield" approach for businesses to both enforce competition law against rivals and defend themselves under it.
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1. Georgian Development
Research Institute
Competition Policy in Georgia
1992-2012
By Ketevan Lapachi
April 4, 2012
2. Content
International rules and principles
Georgia’s International obligations in field of
competition
Competition Policy Development in Georgia
during 1992-2012
Reforms in 2010-2011
Problems and challenges
old recommendations in new reality
3. International rules and principles
in competition
The internationally acknowledged principles of
competition, amongst them the rules of state control over
business restricting practice (WTO, EU, OECD, UNSTAD)
oblige states to:
Adopt
Improve
And efficiently implement the respective legal acts.
Base their legislation on the principles of efficient
regulation and prevention of competition restricting
practices
Ensure the non-discriminatory attitude to every enterprise
Improve the enforcement measures
4. Georgia’s International
Commitments
Georgia is pressing towards the integration into the
institutions of the European Union, it is a member of the
World Trade Organisation and also enjoys the status of a
full member or observer of many bilateral, regional or
multilateral agreements and international organisations.
Consequently, Georgia has certain obligations in the light
of regulation of domestic legal framework for trade and
competition with due consideration of international
principles and best practice and first of all rules and
recommendations of the EU, WTO, UNCTAD, OECD.
5. EU and Georgia
PCA (partnership and cooperation agreement with EC and
its member countries) 1996, article 44
Free Trade agreement (FTA) and Neighborhood Policy
EC Fact finding Mission (2009) and its recommendations
DCFTA (Deep and Comprehensive Free Trade Agreement)
Copenhagen Criterions (1993)
6. PCA Agreement, Article 44
The Partnership and Cooperation Agreement between Georgia and the
EU and its member countries (1996) outlines key directions (Article 44),
which should be accorded particular attention in the course of
harmonisation of domestic competition law with that of the EU,
amongst them:
“agreements and associations between undertakings and concerted
practices which may have the effect of preventing, restricting or
distorting competition,
abuse by undertakings of a dominant position in the market,
state aids which have the effect of distorting competition,
state monopolies of a commercial character,
public undertakings and undertakings with special or exclusive rights,
review and supervision of the application of competition laws and
means of ensuring compliance with them.”
7. Four main policy areas of the EU
Competition Law include:
Cartels, or control of collusion and other anti-competitive practices
which has an effect on the EU (or, since 1994, the
European Economic Area). This is covered under Article 101 of TFEU
(ex article 81 of the Treaty of the European Community (TEC).
Monopolies, or preventing the abuse of firms' dominant market
positions. This is governed by Article 102 of TFEU (ex article 82 of
TEC). This article also gives rise to the Commission's authority under
the next area,
Mergers, control of proposed mergers, acquisitions and joint ventures
involving companies which have a certain, defined amount of turnover
in the EU/EEA. This is governed by the Council Regulation 139/2004
EC (the Merger Regulation).
State aid, control of direct and indirect aid given by
Member States of the European Union to companies. Covered under
Article 107 of TFEU (ex article 87 of TEC.
8. Competition authorities in the
acceding countries
The enlargement of EU with the new members (as it was in May 2004)
provides new challenges and opportunities for cooperation. In order to
meet these challenges the accession process in the field of competition
aims to prepare the acceding countries for an active role in competition
enforcement.
Negotiations are based on the conclusion of the Copenhagen European
Council (June 1993), which defined criteria that candidate countries
have to meet before than can join the EU.
In the economic sphere these criteria require the existance of a
functioning market economy as well as the capacity to cope with
competitive pressure and market forces within the EU. “this criterion
of the accession negotiations into a principle whereby candidate
countries are seen as ready to join the EU only if their companies and
public authorities have became accustomed to a competition discipline
similar to that of the community well before the date of accession
9. Copenhagen Criteria
three elements had to be in place in a candidate country before the
competition negotiations were concluded:
a) the necessary legislative framework;
b) an adequate administrative capacity (in particular a well functioning
competition authority) and
c) a credible enforcement record of the competition acquis. In case of
new members these requirements were not only based on political
context of negotiations but also on the bilateral agreements that the
EU had concluded with each of the ten candidate countries from CE
and EEC. These agreements already provided a solid legal basis for
the accession preparation in the area of competition policy.
10. Main elements of competition
policy reforms
The foregoing puts forward the necessity of
improvement of competition policy in Georgia and
respectively, the care for the provision of such
elements, as:
The existence of clear and predictable rules of
competition;
Efficient state supervision over their observance;
Reliable and transparent enforcement practice
11. Arguments for competition policy
The best international practice treats competition as an
important factor of economic growth and public welfare.
Strengthening of the competition policy is regarded as a
crucial direction of reforms in every country.
The foregoing is proved both by the activities of
international organisations in this respect and the
competition regimes of more than 120 foreign countries and
the steps made towards their competition policy
12. Opposite opinion
there are some different opinions as well, that:
The regulation of competition is an excessive and
purposeless bureaucratic burden; that it is not necessary
these days;
The legislation is meaningless without efficient enforcement
and it will be better to revoke it;
The regulation is an obstructing factor to the entry to any
market, innovations and the growth of local companies;
etc.
13. II. Competition Law and Policy
Development
Stages of development
1992-1995
1996-2000
2001-2005
Since 2005
What about future?
14. The legal and institutional
framework
Beginning
Resolution N323 of the Cabinet of Ministers of 17 March
1992 on Certain Measures Aiming at the Demonopolisation
of the Economic Activities in the Republic of Georgia
Resolution N870 of the Cabinet of Ministers
Law of Georgia on the Principles of Entrepreneurial
Activities
In February 1992 the Administration for Antimonopoly
Regulation, Consumer Protection and Promoting the
Entrepreneurship was created within the Ministry of
Economy of Georgia with 11-member staff.
15. Legal and Institutional Framework
1992-1995 :
September 16, 1992 – Decree of the State Council “on the Restriction of
Monopolistic Activities and the Promotion of Competition” in the
Republic of Georgia
Ordinances of the President of Georgia N60 and N160 of 1995 “on the
Protection of Consumers against Misleading Advertisement”
In 1995 the Antimonopoly Administration of the Ministry of Economy
of Georgia was delegated with the duty of controlling the advertisement
activities, envisaged by the Ordinance of the President of Georgia N60
of 1995 on the Protection of Consumers against Misleading
Advertisement, 10 established posts were added thereto and the
Administration was transformed into the Main Administration for
Antimonopoly Policy
16. Legal and Institutional
Framework
During 1995-2000 three laws were adopted
1995 -The Law “on the Protection of Consumer Rights “
1996 - The Law of Georgia on Monopolistic Activities and
Competition
1998 - The Law on Advertisement
Up to 40 normative acts adopted on the basis thereof
The amendments and additions made to the Code of
Administrative Offences of Georgia, the Criminal Code of
Georgia, the Law of Georgian on Normative acts, the Law of
Georgia on the Procedure of Operation and Structure of the
Executive Power and the other legal acts for the purpose of
improvement of the performance of the Service
By EBRD Georgian legislation was described as the best
one in the transition economies
17. Legal and Institutional Framework
In December 1996, in the course of reorganisation of the
Ministry of Economy the Main Administration for
Antimonopoly Policy was transformed into the
Antimonopoly Service of the Ministry of Economy
Commensurate with the Ordinance N137 of the President
of Georgia of 14 March 1997 on Monopolistic Activities and
Competition the subordinated to the Ministry of Economy
State Antimonopoly Service was created on the basis of the
Antimonopoly Service of the Ministry of Economy. The
same Ordinance provided for the number of the members of
the personnel (150 persons, amongst them 65 for central
office and 85 – for regional offices) and the structure of the
Service, which included 12 regional offices, the completion
of which offices was finished in 1998.
18. Legal and Institutional
Framework
In 2000-2002 three reorganisations and many other justified
or unjustified perturbations were undertaken
Fluctuation of Personnel
The Head of the Service was changed four times within a
year. At the same time three of four heads of functional
departments (units) and some other trained (in
administrative establishments of Europe and US in EU and
USA) and experienced employees left the AMS.
Fragmentation of antimonopoly policy according to sectoral
principle and gradual limitation of the powers of the
Antimonopoly Service (see changes in statistics and customs
laws, industry regulatory laws etc).
19. Legal and Institutional
Framework
In 2001 the Service (which earlier was a public law legal entity) was
transformed into a subordinated entity, and its regional offices (the
formation of which, except for Adjara was completed in 1998) into
circuit ones with the reduction of their total amount
Tbilisi Branch of the Antimonopoly Service was abolished
At the expense of freed established posts the number of the personnel of
the central office was increased from 65 to 110 members
The regional services were again re-established with the new names –
Bureaus
20. Independence Debates
Despite the fact that during that period of the
Antimonopoly Service met all the requirements set forth by
the Law of Georgia on the Procedure of Operation and
Structure of the Executive Power (was repealed in 2004) for
an independent governmental entity, (See the law “The
Concept and Types of Governmental Entities) and its
independence was stressed by more than one international
experts (including Dr. William Kovacic, former Chairman
of the US Federal Trade Commission, Dr. Ben Slay – Chief
Economist, UNDP) it deemed impossible to develop it into
an independent authority and to improve its status.
21. International obligations and current
situation
Commensurate with the agreement made with the
European Union and its member states Georgia has
committed itself to the approximation and harmonisation of
its legislation with that of the European Union.
Despite foregoing, Georgia’s law (of 2005) and policy in
competition and consumer protection:
Does not take account of competition and consumer
protection related problems in Georgia and the mechanisms
of their solution within the competition legislation.
22. International obligations and current
situation
Is not compatible with the commitments undertaken by
virtue of international agreements of the country and
internationally acknowledged rules and principles of state
control over the business restricting practices.
Such a situation impedes the development of competition
on consumer market, promotes anticompetitive practices of
forces, which are already established on the market,
amongst them of the abuse of dominant position and has a
negative impact both on the status of the consumers
(particularly within limited competition) and the
investment image of the country and public welfare.
23. Features of the law of 2005
Unlike similar laws of the other countries (e.g. the laws of
the WTO, OECD and EU member countries, as well as
other countries), the Law on Free Trade and Competition
of 2005 does not apply to such manifestations of business
restricting practices, as anticompetitive agreements
monopolistic activity, concentration of market power
(mergers and acquisitions).
The existing Law (2005) is unable to ensure the state control
in the following directions: concerted practices which aim
or have the effect of restricting competition, abuse of a
dominant position in the market, concentration of market
power.
24. Features of the Law of 2005
the current competition law of Georgia regulates
only the anticompetitive actions of the
governmental authorities with respect to state aid,
amongst them, prohibits the discrimination of
economic agents in the course of issuance of state
aids.
However, the Law is so inconsistent in this respect
as well, that it excludes the efficient practical
implementation of these provisions.
25. Free Trade Agency during 2005-2012
Since 2005, Georgian antimonopoly authority existed only nominally as
a subordinate entity of the Ministry of Economic Development with its
personnel consisting of only 5 persons and than as an Though in an
independent competition agency (was established in February of 2010).
Due to deteriorated institutional capabilities this authority was
practically inactive.
The signs of monopolization of the markets are already apparent
(examples of unfair competition, limited choice, monopolistic prices,
etc.), what in long run will have a negative impact on: the investment
image of the country; on the outcomes of economic development and
on the process of joining the European Union (in particular, will
considerably protract the process).
26. Policy Fragmentation
No legislative or administrative initiatives to improve
competition policy have been implemented for the past 10
years and moreover after the Rose Revolution, except for
the addition of rather strict provisions to the law of industry
regulation aiming at the restriction of the rights of the
Competition Agency and fragmentation of the competition
policy according to industry principle.
There are no efficient coordination mechanisms for
ensuring the cooperation between and joint activities of
industry regulators and the Competition Agency.
27. Major Enforcement Problems
Before the revocation of the Law of 1996 on “Monopolistic Activities and
Competition”:
Legislative gaps and first of all, the deficiency of the secondary legislation;
Political situation, which not always provided for the Antimonopoly service
(now the Agency) to implement the intensive enforcement measures;
Lack of the information about the market (what was further intensified by the
amendments made to the Law on Statistics, the current situation in statistics
field, unreliability of the information and lesser transparency of pricing and
regulation process in the field of natural monopolies irrespective of the statutory
requirements);
Weak institutional position of former Service – status, funding, lack of qualified
personnel;
Inconsistency of state policy, inconsistent and non-complex nature of economic
reforms;
Low level of coordination;
Absence of political will.
28. Major Enforcement Problems
After the effectuation of the Law (of 2005) on Free Trade and Competition:
The general competition law does not extend to the monitoring of
monopolistic practices and anticompetitive agreements any more;
The restrictions, envisaged by industry regulatory acts and the Law of
Georgia on Independent Regulatory Authorities related to the
intervention of the Competition Agency in the respective fields in the
solution of competition related problems;
Inefficient mechanisms of state and public protection of consumers;
Non-readiness of judges to solve the consumer protection and
competition related problems;
Low level of public activity.
29. Changes in 2010-2011
Recommendations by EC fact finding missions
(March, 2009) regarding Georgia’s preparedness for
the DCFTA negotiations
Four policy priorities including competition were
established by the above mentioned mission
Comprehensive strategy on competition policy was
adopted on December 3, 2010 decree 1551
( www.gov.ge)
30. Capacity Building
July 29, 2009 - GEPLAC training
December 10,2009 - GEPLAC training in institutional arrangements on
competition
January, 2010 Donor coordination roundtable was organized by state
minister’s office for Euro Atlantic integration issues. As a result the
project with SIDA, Estonian Competition Agency and Estonian
Embassy was launched
February- March, 2010 World Bank video conferences: Sharing
experience in EU legislation and the process of negotiations with EU
February, 2010 Chief advisor of the Prima Minister of Georgia
participated in in the OECD Global Forum on Competition
February, 2010 experience sharing working visit in the German
Competition Authority financed by GTZ
31. Institutional reforms in 2010-2011
February 26, 2010 by the decree of the President of Georgia
an independent legal entity of public law Free trade and
Competition Agency was set up
From 2012 a legal entity of public law Competition and
State Procurement agency started functioning (according to
decree of Georgian Government December 27, 2011).
Prime minister
In accordance with the competition strategy draft law on
competition was elaborated and submitted to the
parliament for consideration in September, 2011.
Discussions in 2011 and second hearing in February 29, of
2012.
32. Draft Competition Law (under
consideration)
The draft law is still under consideration
Discussions organized by the civic organizations (October 3,
2011, September 25, 2011, April 4, 2011 etc)
Critical comments are provided by the NGO’s (TI Georgia,
GILA, GDRI and many independent experts).
Some critical comments by Ketevan Lapachi are provided.
Full version of comments and suggestions is available (at
www)
33. Comments on the draft law
Major problem areas in the draft law:
Scope of application (Articles 1, paragraph 5)
Agreements of minor importance (article 8)
Exemptions (articles 9,12)
Prioritization of tasks by the Georgian
Government (Article 19)
etc
34. Scope of application
Special attention should be paid to the scope of application of the
law and exemptions from forbidden anticompetitive agreements and
prioritization of tasks by government. Namely:
According to the draft the scope of application is very limited
(Article1, paragraph 4). Free Economic Zones, small markets (with
share less then 0, 25% in GDP), goods and services for defense and
public safety, etc. are in exemptions. In addition, paragraph 5, of
the same article stipulates that all other laws prevail and
transitional provisions (article 35) exclude infrastructure industries
from law application.
According to best practice, the general competition laws apply to all
sectors and products. To this end the law contradicts to all
recommendations and Georgia’s Comprehensive Strategy in
Competition Policy as well.
35. Exemptions
Some individual and group exemptions are established by
the draft law, and in addition, the government is enabled to
establish additional exemptions and priorities. (Articles: 9,
para2 and 3, article 12 Para. 2/b,f, g, h, etc.)
In accordance with international practice special
agreements are exempted according to so called de-minimis
rules. But this rule does not apply to the cartel agreements.
In addition, in spite of the same practice the benchmarks to
be established are to high and need to be revised
36. De minimis Rules
According to draft law (Article 8) prohibition to the agreements shall
not apply
“a) in case of horizontal agreements if aggregate market share of
parties does not exceed 25 %; b) in case of vertical agreements if
share on the relevant market of each party does not exceed 40 %
for each party; c) in case if agreement contains both characteristics
– aggregate share of parties does not exceed 40% “.
It means that the great majority of anticompetitive agreements
would be in exemptions. Similar exemptions (“de-minimis” rules)
are usual for competition laws. But in Georgian case this article
establishes too high thresholds unusual for competition laws and
contradicts the international standards where the same banchmarks
are established on the level of 5-15 %.
37. Prioritization of tasks
Article 19 – prioritization of tasks by the Georgian
Government is absolutely different (it should be done by
the agency but not government) than traditional
prioritization of tasks by competition authorities. Does it
mean that agency should respond only to government
massages? According to widespread opinion, to understand
the implications of a law, some standard policy analysis
questions should be asked: who are the affected parties;
what are the market effects; what are the administrative
costs; how will Georgia’s international relations be affected,
etc..
38. Article 19 and competition agency
independence
Article 19 – prioritization of tasks by the Georgian Government is
absolutely different (it should be done by the agency but not
government) than traditional prioritization of tasks by competition
authorities.
Does it mean that agency should respond only to government massages?
According to widespread opinion, to understand the implications of a
law, some standard policy analysis questions should be asked: who are
the affected parties; what are the market effects; what are the
administrative costs; how will Georgia’s international relations be
affected, etc..
39. Relations affected by the new law
Analysing the draft law I doubt that it (if is adopted
without serious improvements) will positively impact on
the competition environment in domestic markets. The
critical provisions of the draft law need to be carefully
revised, otherwise they might frustrate the aim of the
law.
As to the international relations to be affected –
Adopting this draft law (in its current condition) maybe
would serve as one of the necessary preconditions for
starting negotiation with EU, but it is expected that the
law will be criticized by European experts, when
negotiation on competition chapter starts.
40. Enforcement Practice (1999)
In 1999 by the State Antimonopoly Service was
considered more than 800 cases of violation of
antimonopoly legislation, is revealed hundreds of facts of
violation of the law ,,On the Monopolistic Activity and
Competition”, important part of which were prohibited
voluntary, according to directions of the State
Antimonopoly Service.
more than 400 cases were passed to courts
public advocacy
41. structure of infringements of the ,,On
Monopolistic Activity and Competition”
violation of the article 10 of the law by the government
bodies - especially in fields of telecommunication service,
transportation, on the markets of petroleum products and
baking products -40%
violation of the article 13 (on the prohibition of
monopolistic activity) – 30%
violation of the article 9 (unfair competition) -22 %
violation of another articles - 8%
42. Violations of the Consumer Rights
During 1999 especially often was violated the rights of
consumers in the sphere of trade and services (violation
,,Rules of trade and services” – 52 % of violation)
especially in spheres of public utility services (violation of
contract terms – 25 %)
violation of the rights on information -13%
etc 10%
43. violations of the law ,,On
Advertising”
The numerous facts of violation of the appropriate laws ,,On
Advertising” was revealed in the sphere of
telecommunications, mass media and in field of exterior
advertising.
Since April 7, 1998 The Antimonopoly Service sent
hundreds of instructions to advertising agencies, TV
companies including (the Georgian TV and Radio
Corporation), mass media, producers and distributors of
goods in order to eradicate the cases of infringement by
common efforts, e.g. in connection with tobacco and spirits.
110 economic agents were penalized.
44. The structure of violation of law ,,On
Advertising” (1998-1999)
Infringement of the article 5 (General and specific
requirement for advertising)- 60 %
spirits and tobacco advertisement 13%
Specifics of outside advertising 8,5 %
Characteristics of specific goods advertising – 5%
Social Advertisement – 3.5%
etc -10%
45. International Cooperation
State Antimonopoly Service of Georgia had collaborated
with the international organizations such as the World
Bank, USAID, UNDP, TACIS, UNCTAD, OECD, foreign
competition agencies (Russia, Ukraine, Azerbaijan,
Belarus and with the republics of the Middle Asia) as well
of Romania, Belgium etc. , research and educational
centers, e.g. Luven La New University (Belgium) etc.
With the financial and technical support provided by above
mentioned organizations, Antimonopoly Service of Georgia
was equipped by the required technical base, the employees
of the service take part in the workshops on topics of
antimonopoly regulation, competition policy and
consumers’ protection held as well in Tbilisi as abroad
(Moscow, St-Petersburg, Vienna, Istanbul, Washington etc).
46. Some important cases (1998-1999)
Cases of unfair competition on the markets of Georgian
mineral waters, such as ,,Borjomi”, and Georgian wines
especially on the markets of the Russia, Moldova and
another CIS countries
Notwithstanding joint measures carried together with
Antimonopoly Bodies of Russia, Ukraine, Uzbekistan,
Belarus and another countries falsification and illegal
use of Georgian trade marks ,,Borgomi”, and Georgian
wines (Xvanckara”, ,,Mucuzani” , etc) were among the
very difficult problems for the State Antimonopoly
Service of Georgia.
47. Some important cases and violators
Abuse of dominant position by the energy providers (AES,
Tbilgazi, Imereti Gazi, TbilwatterChnnel ,
Sakteleradiocentri etc Anticompetitive actions by the
Customs Department (mesxeti case), “Sakaeronavigatia” ,
Ministry of Agriculture (Wino moldova case)etc
Competition restrictions by the entities involved in
telecommunication market, Restriction of competition in
field of insurance by the UGB, by local governments etc.
Ministry of Agriculture ministry of Education
Ministry of Communication Railway transport department,
customs department, Tbilisi municipality, “Samtrest”, etc
48. Statistics of violation revealed by the
regional branches (as to August of
1999)
Tbilisi -92
Shida Kartli– 68
Kvemo kartli-172
Kakheti –92
Guria - 47
Imereti– 80
Samtsxe Javaxeti - 37
Mtcheta Mtianeti - 36
Samegrelo Semo Svaneti – 64
Abxazeti - 0
50. Possible Future Scenarios
new challenges and problems
old recommendations in new realities
modern competition law and institution
capacity building
enforcement regime
etc
Question: why competition policy is so unwelcome in
Georgia?