Background

At the APEC conference on competition policy (Auckland 1995) it was agreed that further meetings or seminars would be appropriate to promote policy dialogue and information exchange on competition policy and law issues.

At the CTI Meeting held in Manila 10-11 February, it was suggested that a workshop on competition policy and deregulation issues should be held in conjunction with the CTI meeting to be held in August (Davao).

The objectives of this workshop

The main objectives of this workshop are to :

• exchange information on members?respective competition policies and laws, thereby enhancing transparency;

• deepen competition policy and deregulation dialogue between APEC economies;

• develop a common understanding of the key principles and issues in competition policy and law;

• develop a common understanding of the key principles and issues in relation to deregulation and regulatory management;

• explore the interrelationship between competition policy and/or laws, trade and investment policy and deregulation; and

• discuss the need for/and means of providing technical assistance within APEC.

The Proposed Agenda

In preparation for the workshop New Zealand has identified the following topics for discussion. It is intended that each topic will begin with a brief presentation, followed by a general discussion of the issues raised.

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Competition Policy

It is intended that this session will provide an opportunity to consider further the basic objectives of, and mechanisms for implementing competition policies. It will also explore competition policy issues that impact on trade and investment flows in the Asia-Pacific region. Suggested topic include :

The concept of economic efficiency and how it is achieved.

• How does competition contribute to international competitiveness?

• What is the role of competition policy in promoting economic efficiency?

• Competition policy and the promotion of economic welfare from societies perspective?

• What are the mechanisms for implementing competition policy?

• What are the interrelationships between competition policy and/or laws and other policies relating to trade and investment?

Competition Policy and Competition Law

The focus of this session would be to explore in more detail the objectives of competition law and the role for competition law and enforcement agencies in achieving competition policy objectives. It will also provide an opportunity to discuss the means of achieving greater transparency of competition law, administrative regulations and practices. Topics could include :

• Different approaches/models of competition law (including the role of competition policy for economies that are formulating their own laws and policies).

• Is a policy of removing barriers at the border sufficient to ensure competitive behavior without competition laws?

• Does competition law strengthen an economy嚙編 international competitiveness?

• How does competition law affect small and medium sized firms?

• How does competition law affect dominant firms ie, Oligopolies, Monopolies?

Deregulation

At its 10-12 February meeting, CTI agreed that the action plans for competition policy and deregulation should be combined. It is intended that this session will provide an opportunity to discuss some of the basic concepts of deregulation and its interrelationship with competition policy. Topics could include :

• Concept and scope of deregulation;

• Deregulation and regulatory management; basic concepts;

• Deregulation as a tool for competition policy and the role of corporatisation and privatization in achieving the objectives of competition policy;

• How important is competition policy in achieving effective regulatory reform?

• Principles of regulatory management in an open market economy;

• Sectoral problems and the overarching competition regime; and

• Case studies of APEC economies experiences (Chile has offered to contribute).

Open markets as an Approach to Competition Policy

• Small business in a free market economy;

• The service sector in an open free market economy. Do the same rules apply?

• Occupational regulation. Occupational protection or public safety? Who benefits and why?

Technical Assistance

This session will provide an opportunity to report back on the findings of the technical assistance survey and discuss the implications of the survey.

It would also enable discussion and coordination of existing technical assistance initiatives in the area of competition policy and law and deregulation, such as those being developed by Japan under the Partners for Progress programme and by Korea.

Topics could include :

• The need for Technical assistance within APEC on Competition Policy and Law and deregulation within the next five to ten years;

• Furthering technical assistance in APEC through existing technical assistance mechanisms; and

• What sort of mechanism can be put in place by APEC to assist meeting member economies technical assistance needs?

Information Gathering

As part of this item, Chinese Taipei to present its proposal for the establishment of a competition policy database center.

Future Action

Further action on competition policy and deregulation will be discussed at the workshop.