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Toolkit for Competition
Advocacy in ASEAN
Toolkit for Competition
Advocacy in ASEAN
Staff of the CA
Business community
Last but not least, the staff of CA are expected to enforce the
law effectively, undertake competition advocacy, communicate
with consumers and other stakeholders and implement activities
aimed at promoting competition culture and awareness. It is
therefore important to devote attention and resources also to
“internal advocacy” within the CA.
A standard manual should be prepared by the CA in each of
the AMS, adopting a template approach for consistency, to
systematise in-house trainings for their staff. Every new staff
recruited by the CA should undergo a certain training programme.
This is to ensure that everyone in the agency has the same
understanding and application of the principles of the law. In
some CA, specific communication manuals or guidelines are in
place to ensure that all staff are sufficiently knowledgeable about
key stakeholders and related messages.
Additionally, the outcomes of cases that have been investigated
and decided by the CA should be used in trainings and explained
to staff, as these cases become valuable material with wider
advocacy efforts. The same applies to specific market studies and
policy advice prepared by the CA.
Businesses are expected to compete fairly and avoid anti-
competitive behaviour. Individual companies or company
representatives, both local and foreign, can be a source of
information for the CA, for example by providing tip-offs, and
can act as competition champions alongside the CA. Chambers
and business associations can help spread the word among
their members and have an important multiplying function.
The CA could assist businesses by publishing a simple guide
for compliance; participating in their events or conferences; or
publicising the CA’s work in newsletters or reports.
Small and medium-sized enterprises (SMEs) form the “backbone”
of most of the ASEAN economies. There are often fears and
misconceptions about the introduction of CPL in that it is
perceived as a threat to drive SMEs out of the market. The CA
should therefore place a particular emphasis on advocating for
CPL vis-à-vis SMEs and public authorities and explain why fair
competition ultimately also is beneficial for the SME sector.
Some CA may provide guidance to businesses. While this is
helpful to raise awareness and promote compliance, those AMS
which do not have this particular provision could engage actively
with business associations through other means, such as informal
meetings, open days, or participation in their functions.
All staff of a CA, including
the chairperson and
commissioners, must share
a common understanding
about CPL as they need
to communicate about the
rationale for and benefits of
fair competition as part of
their daily work.
Businesses are the
subject of the competition
law and therefore need
to be sensitised about
its provisions in order to
be able to adjust their
behaviour.
Legal community
Consumers
It is important to engage the wider legal community in competition
advocacy in order to ensure that adequate legal advice and
representation relating to competition law is available. Lawyers
and bar associations play an important role in educating clients
on compliance mechanisms; helping the judiciary establish case
laws; and ensuring careful enforcement of laws by guarding
against carelessness by the CA.
Seminars for lawyers, as well as informal consultations and
formal dialogues, are a helpful way to ensure that the principles
and application of the competition law are clearly understood.
Working with the Bar Association will, firstly, ensure that members
of the Bar have a basic understanding of the competition law and,
secondly, make sure that they understand the application of the
law as the CA understands it. Specialist in-house lawyers and
private practitioners represent a valuable resource for competition
agencies and could be used as a sounding board for emerging
issues relating to (amendments of) the competition law.
End consumers need to know that, as a result of competition,
they are able to choose from a wider range of goods and services
of higher quality and at more reasonable prices. Consumers are
also change agents as they are able to alter the way businesses
operate, as well as prevent or support a regulation that hinders
or benefits consumers. It is therefore important for the CA to
explain to end consumers how competition law can bring benefits
to them. Actual examples and case studies that have impacted
prices of consumer goods and services are a useful means foster
immediate understanding of the benefits of CPL. The level of
understanding of the benefits of competition among consumers,
like the SMEs, is likely to be low and weaker; therefore the use
of visual description and simple language would be useful in
explaining CPL to them.
Moreover, being independent from the government, consumer
organisations or action groups can help raise the awareness
about competition issues and mobilise consumers’ voices on
the need for protection against anti-competitive practices, thus
exerting pressure on competition and consumer policy reforms.
Consumer action groups are often active in policy debates and
closely monitor the implementation of laws and regulations to
ensure consumer welfare. It is therefore recommended that
CA periodically engage consumers in focus group discussions
where their views, comments and insights can be taken up for
consideration.
Competent competition
lawyers help develop the
law, as well as inform
better decision-making
by CA and judges. While
their role is primarily to
advise their clients on to
comply with the provisions
of the competition law,
lawyers can also help
identify loopholes in the
administrative system.
Consumers benefit from the
ultimate aim of competition
policy, which is enabling
companies to offer lower
prices, better quality and a
greater choice of products
and services. Consumer
organisations can also act
as agents of change and
watchdogs for the CA.
