A. Participants
Under the framework of the "PFP" (Partners for Progress) initiative
in APEC, the Japan Fair Trade Commission and the Thai Department of Internal
Trade have implemented a five-year training program on competition policy since
the fiscal year 1996.
The fifth meeting was held in Bangkok on 13-15 March this year and more than
50 experts participated in the meeting from 20 APEC economies. They were mainly
composed of middle level officials of competition agencies, but some academics
and business people familiar with competition law also participated. Indeed,
OECD and UNCTAD have dispatched their experts to the meeting.
B. Program
At the fifth meeting, an importance was given to its small group sessions like
as the last meeting. This was the second time to introduce small group sessions
in this PFP program, aiming at more in-depth analyses and interactive discussion
on particular topics. Regarding its contents, please refer to the ANNEX
1. Since most of the APEC member economies have adopted a national competition
law last five years, topics to be discussed in the meeting have changed year
after year from the fundamental issues on competition law into the operational
aspects of the law. Please find ANNEX
2 with regard to the themes of the last five meetings. This year's themes
are following:
Small group 1: Enhancing skills to detect cartels and to regulate mergers
Small group 2: Ensuring compliance and cooperation in competition law enforcement
Small group 3: Promoting competition in regulated sectors or public sectors
C. Results
In small group sessions, most participants made brief presentation including
some cases. Thanks to active contribution of all participants and well organizing
of the moderators, it was broadly found that the discussion was active and fruitful.
In small group 1, attendants discussed
the following three points.
(1) Detection, Investigation
and Prosecution of cartels (e.g. The problems as to how to prove cartel, Does
corporate leniency program play institutional role in the detection of international
cartel activity?)
(2) Mergers to be estimated illegal according to the antimonopoly act (e.g.
what sort of factors should be considered as criteria?)
(3) The objective and characteristics of antimonopoly act (e.g. how to understand
the concept such as free competition, fair competition and equal competition)
In small group 2,
(1) Actual case of antimonopoly act compliance program (e.g. the importance
of administrative guidance, open the direct telephone line for receiving complaints)
(2) The problems in competition law enforcement (e.g. shortage of firms and
consumers' recognition for competition law, shortage of staff in competition
law enforcement)
(3) The actions taken for industry and consumers in order to deepen their recognition
about the benefits given by competition law
In small group 3,
(1) how to promote competition in regulated sectors (e.g. divide the electric
company into generating company and distributing company, privatization in order
to enhance cost efficiency)
(2) reform of the competition and regulatory authorities and importance of the
transparent decision making processes of those authorities
At the last day of the meeting, we delivered questionnaire to all attendants and it seemed that almost all of participants evaluated the meeting favorably. Main opinions are following :
This was the last meeting held under
the framework of the PFP but the JFTC fully recognizes its importance and would
like to consult with the relevant agencies and make efforts to seek ways for
its further development. Continued effort shall be made for APEC members' capacity
building from now on.