Levelling the Field for Development SIXTH ANNUAL AFRICAN CONSUMER PROTECTION DIALOQUE CONFERENCE MALAWI SEPTEMBER 810 2014 By Amadou Ceesay Executive Secretary GAMBIA COMPETITION COMMISSION ID: 1002696
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1. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentSIXTH ANNUAL AFRICAN CONSUMER PROTECTION DIALOQUE CONFERENCEMALAWI SEPTEMBER 8-10 2014By Amadou CeesayExecutive Secretary
2. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentOUTLINE:Mandate of Competition AuthoritiesObjectives of The Gambia Competition ACT 2007.Functions of the GCC/ Prohibited practicesThe journey thus far Strategic DirectionChallenges
3. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentMANDATE OF COMPETITION AUTHORITIES:To promote, maintain and enforce competition, in order to:Promote economic efficiency and developmentIncrease consumer choice and competitive pricesPromote employment and advance social and economic welfare.Participation in world marketsEquitable participation by SMEs in the economy
4. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentOBJECTIVES OF THE GCC ACT 2007The objectives of the Competition Act are: ‘To foster competitive markets and competitive business conduct in The Gambia by establishing a Competition Commission and a competition regime that will control anticompetitive arrangements, monopoly situations and mergers with the aim of improving the well-being of consumers and the efficiency of businesses in The Gambia’.To give confidence to those wishing to invest in the GambiaTo demonstrates the government’s commitment to a free-market economy
5. GAMBIA COMPETITION COMMISSION Levelling the Field for Development FUNCTIONS OF THE GCCCurb practices that have an appreciably adverse effect on competition by creating a level playing field, within which businesses can thrive in a liberal and competitive market.Maintain and enhance efficient market conduct and promote overall productivity, innovation and competitiveness of markets.Protect the interests of the consumers in terms of competitive prices and product choices.
6. GAMBIA COMPETITION COMMISSION Levelling the Field for Development FUNCTIONS OF THE GCCPromote and sustain competition in the market to advance the social and economic welfare of the population.Create and expand opportunities for small and medium-sized enterprises to participate in the economy. Offer advice to the Government or other public authorities on national needs and policies in respect of competition matters.
7. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentPROHIBITED PRACTICES.Anticompetitive agreements (horizontal and vertical agreements)Both restrictive vertical and horizontal agreements are prohibited. Collusive horizontal agreements are subject to outright prohibition courting a monetary fine; and nullification of the agreement in total where the anticompetitive portions of the agreement cannot be severed from the whole. Vertical agreements, on the other hand, entered into by parties that occupy a “monopoly situation” and horizontal non-collusive agreements are subject to investigation.Exploitation of Monopoly SituationThe Act prohibits the restriction or distortion of competition by companies that occupy a monopoly situationMergers that Substantially Lessen Competition
8. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentTHE JOURNEY THUS FAR:WHAT HAS BEEN DONE: Capacity Building.Training of GCC staff in substantive areas of competition law enforcementInvestigative skillsLitigation skillsResearch skillsEconomic analysis skillsManagerial skillsTraining of staff (Records management, public procurement)
9. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentTHE JOURNEY THUS FAR:WHAT HAS BEEN DONE: Advocacy:Workshops: Sector regulatorsPublic procurementLegal profession Radio/TV sensitization: Development of a website and strategic documents
10. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentTHE JOURNEY THUS FAR:What has been done: Enforcement of the Act. Money Transfer Agreement (decision)Commodities market study (Rice and Sugar)Medical Insurance investigation
11. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentTHE JOURNEY THUS FAR:What has been done : In Support of the Act.Consumer protection.
12. COMPETITION AND CONSUMER PROTECTIONOne of the goals of a viable competition regime is consumer welfare! Crucially, competition law is to ensure that competition exists in the market and is protected.Competition law aims to protect the process of competition and not competitorsCompetition Law provides a protection to domestic firms from foreign firms that use anti-competitive business practices to capture national marketsCompetition enforcement therefore leads to consumer welfareGAMBIA COMPETITION COMMISSION Levelling the Field for Development
13. THE PREMISE:Fair competition benefits consumers and the economy; a good effective competition policy and law promotes the interest of the consumers, the producers and the whole nation.Indicators of consumer welfare: lower prices, better quality, more choice, easy accessThe effective implementation of a competition law leads to the attainment of these four attributesGAMBIA COMPETITION COMMISSION Levelling the Field for Development
14. COMPETITION ENFORCEMENT:We know that a robust competition law will prevent practices that distort competition, either directly or indirectly and will ensure that businesses enjoy the maximum benefits. And it is not the existence of the law and the agency that matters but the effective enforcement of the law by the agency Competition laws can be used to attain consumer welfare and some basic consumer rightsGAMBIA COMPETITION COMMISSION Levelling the Field for Development
15. THE IDEAL FRAMEWORK:We could ask what framework would be ideal: hybrid laws and a hybrid agency or two different laws implemented by two different agencies.The Gambia OPTED TO HAVE BOTH ACTS IMPLEMENTED BY ONE AGENCY HENCE THE NAME CHANGE TO GCCPCGAMBIA COMPETITION COMMISSION Levelling the Field for Development
16. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentStrategic Direction:STRATEGIC PLAN:The overall objectives of the plan are to:Make the public more aware of GCCPC and its functions.Build the capacity of staff for increased efficiency.Engage more donors to increase the institution’s financial resource base.
17. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentGoing forward: CHALLENGES:CAPACITY /RESOURCE CONSTRAINTS.RELATIONSHIPS WITH SECTOR REGULATORSMANAGING EXPECTATIONS.
18. GAMBIA COMPETITION COMMISSION Levelling the Field for DevelopmentThankyou Any QuestionsSee our website at www.gcc.gm for further information