Enforcing Competition Law and Policies - Competition Law - Lecture Slides, Slides of Competition Law and Policy

Download Enforcing Competition Law and Policies - Competition Law - Lecture Slides and more Slides Competition Law and Policy in PDF only on Docsity! Building and Enforcing Competition Law and Policies Docsity.com CONTENTS 1. VIETNAM COMPETITION LAW 2. VIETNAM COMPETITION AUTHORITY 4. EXPERIENCE ON ENFORCING LAW 3. EXPERIENCE ON BUILDING LAW AND AGENCY Docsity.com 5 2. Vietnam Competition Authority (VCA) • Established in early 2004 • Officially recognized in Jan 2006 • Under the Ministry of Industry and Trade (MoIT) • VCAD Leader (i.e. Director General): appointed by the PM • Budget: allocated by the Govt Docsity.com 6 2. Vietnam Competition Authority • Duties and Responsibilities: – Competition: • Anticompetitive acts: investigating and sumitting the investigation report to the Competition Council (VCC) for making decisions • Unfair competition acts: investigating and making decisions – Consumer protection: drafting and enforcing the law and policy – Trade remedies: handling antidumping, safeguard and countervailing duty Docsity.com 7 2. Vietnam Competition Authority • Organization: – Investigation units: 2 boards on anticompetitive and unfair competition – Supporting units: 3 boards on policy, interntional affairs and general admin. – Centers: 2 centers for information and data and for training – Other units: 2 boards on consumer and trade remedies – Branches: 2 branches in Hochiminh city and Danang city. Docsity.com 4. Experience on enforcing the Law • First phase: preparation • Second phase: enforcement • Third phase: review and revise (if necessary) Docsity.com 4.1 First phase: preparation • Enhancing political will and public supports – Play the main role in drafting competition policies and concerned regulations – Advocacy for benefit of the Competition Law – Actively discover cases and handle appropriately – Strengthen international cooperation and participate at international forum/conference Docsity.com 4.1 First phase: preparation • Strengthening human resources – Training for investigators: • Background on economist, law and finance, etc. • Investigation skills and techniques (conceiving testimonies, market study, collecting evidences….). • Practical experiences on investigation • Morality. – Training competition knowledge for judges and competition council members – Training and developing collaborators Docsity.com 4.2 Second phase: enforcement • Roles of human resource – Balance between lawyer and economist – Investigators should only focus on handling cases – Sufficient benefit to ensure no corruption – Training and training Docsity.com 4.2 Second phase: enforcement • Investigation stage – Coordination with Industry regulators – Local governmental agencies – Source of information/data • From the complainant • From the press • Survey • Studies/researches • Other government agencies Docsity.com 4.2 Second phase: enforcement • Order/hearing stage – Well preparation – Relationship with judges/commissioners – Advocacy – Importance of PR Docsity.com