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Toolkit for Competition
Advocacy in ASEAN
Toolkit for Competition
Advocacy in ASEAN
Determining thematic messages
Fair business competition:
♦
Creates better deals
for customers
♦
Promotes national and regional
economic growth
♦
Regional and overarching national
government policies and reform
commitments (e.g. free
trade agreements, mid-term
development plans)
♦
Individual ministerial policies
(regarding private sector, trade and
investment promotion)
♦
Creates an environment that
supports SME development
♦
Attracts investment
and innovation
♦
Strategy of each CA (e.g. national
strategic action plan in line with a
ASEAN Competition Action Plan)
♦
Identified countries for
benchmarking
♦
International and global
♦
Promotes a transparent regulatory
environment
♦
Creates better value for
public services
organisations (e.g. International
Competition
Network, Organisation for
Economic Co-operation and
Development,
United Nations Conference on
Trade and Development)
Below key thematic messages can be applied and adjusted for use in specific advocacy activities of
CA in ASEAN:
A CA has several reference points for key thematic messages to be featured in an advocacy strategy.
These typically include:
Each of these reference points comes with a set of data
that informs key thematic messages and adds credibility to
the message. Using national and global messages not only
strengthens advocacy efforts, but also validates them.
Building a case for competition
Messages must be specifically tailored to different stakeholders.
Generic thematic messages may not work well in some instances, for
example when dealing with SMEs. Here, it would be useful to explain
how the competition law specifically helps promote and protect SMEs.
The language used should also be carefully considered. Briefings
or seminars that heavily use legal and technical language are not
accepted well by most stakeholders. Simple, concise use of the
English language or a national language can have a better effect.
As different stakeholders react differently to competition issues, it is
vital to choose the right tools when addressing them. For example,
when dealing with procurement officers, it is best to arrange for
a direct, face-to-face meeting, but when dealing with association
members, it may be better to organise a seminar or workshop to
reach out to a larger audience. In any case, follow-up meetings or
workshops should be conducted to avoid loss of the momentum of
discussion and interest.
When approaching a
stakeholder, the CA must
ensure that sufficient research
has been completed on the
subject matter to be discussed
and accurate and up-to-date
information is available. For
example, if the procurement
division of a Ministry is being
approached regarding bid
rigging in a particular area,
data should be collected in
order to substantiate the
discussion or briefing. This
also serves to strengthen the
credibility of the CA.
Localising thematic messages
For advocacy vis-à-vis national stakeholders, each AMS must take
into consideration the socio-political, economic situation of their
country. For example, it may be sensitive to some stakeholders
to advocate breaking up monopolies, particularly those owned or
controlled by the government. It is therefore imperative for CA to
contextualise or localise their messages. For example, in almost all
of the AMS, SMEs form a major part of business, so it may not be
appropriate to advocate to them about competition and economic
growth. Instead, CAs can advocate to SMEs how the law could be
used to their advantage, by using it as a sword to inform the CA of
any anti-competitive practices of businesses, or as a shield to protect
themselves against exploitative market power. Similarly, in many of
the AMS, state-owned enterprises (SOEs) are very dominant. The
justification for the existence of an SOE must be clearly understood
before advocacy activities are planned to address them. Under the
principle of competitive neutrality, no advantages shall be accorded to
an SOE simply on the grounds of being state-owned or controlled.
Finally, the benefits of being competitive and able to enter the
markets of other AMS should also be advocated, particularly within
the context of regional economic integration. Policies that protect
the local economy are prevalent in almost all AMS. These policies
must be respected, and advocacy activities carefully prepared when
addressing them. Again, research and consultations with relevant
agencies can help gain a better and clearer understanding of said
policies. If they are anti-competitive in nature, a CA should try and
educate policy makers accordingly, seeking to
bring about changes that are ultimately
beneficial for the country’s economy
and consumers.
