FDRE, TCCPA

INVESTIGATIVE TECHNIQUES AND RESEARCH FOR COMPETITION LAW ENFORCEMENT

Addis Ababa, 28 – 29 March 2017

UNCTAD Project for Strengthening Competition and Consumer Protection

Enforcement Capacities in Ethiopia.

A project funded by the Grand Duchy of Luxembourg.

COURSE OUTLINE

This short course provides an introduction to research methods and investigative skills for competition law enforcement. It starts with an overview of the core principles in competition law and will cover the appropriate tests, evidence and assessment needed to analyse specific competition matters.

Approach

The course is oriented to the practical application of insights from theory and analysis. The lectures will cover key theoretical principles in an accessible way and will illustrate how the theories are applied in practice. Reference will be made to precedent-setting cases in different jurisdictions so that participants will have a good grasp of the important decisions, as well as why they may differ across regions.

An important component of the course is the case study exercises, where key principles and tests are explored through a selection of competition and regulatory cases. The case studies will be of two kinds: discussion exercises to highlight key debates; and, in-depth case studies, with longer presentations by groups, on which facilitators will give feedback.

The longer case study exercises will involve work in groups or breakaways. Participants will apply lessons learnt during the sessions and the hypothetical cases will be debated from the perspective of different stakeholders in the feedback sessions. The case study exercises are based on actual cases, mainly from jurisdictions in Southern and East Africa.

The coursewill cover:

·  Key concepts in competition policy and economic regulation

·  Market definition and evaluating market power

·  Practical guidance on initiating an investigation and obtaining evidence, holding hearings and matters related to confidentiality and privilege.

Course Programme

Day 1, 28 March 2017
0845-0900 / Registration
0900-0915 / Opening Remarks & Programme Introduction
0915-1000 / Introduction to competition policy and economic regulation
·  Why is there a need for competition policy and economic regulation?
·  The natural monopoly problem, barriers to entry and market power
·  Externalities and market failures
·  Assessing the private and social returns from investment
1000-1030 / Coffee/Tea break
1030-1115 / Market definition, market structure& market power
·  How to define markets, why do we need to define markets?
·  Tests used (demand substitution, supply substitution, potential competition etc.)
·  Difficulties in market definition
·  Evaluation of market power
1115-1230 / Breakaway exercise 1: Market Definition
Lunch break
1400-1515 / Coordinated conduct
·  Introduction to coordination
·  Factors that facilitate collusion
·  Detecting collusion
·  Penalising and prosecuting cartels
·  Tacit collusion
·  Lessons from key cases across southern Africa
1515 – 1630 / Breakaway exercise 2: Detecting Collusion
Potentially including an interrogation of a witness + Coffee/Tea Break at: 1600 hrs
Day 2, 29 March 2017
0900 - 1000 / Receiving and Screening complaints
·  Receiving and recording complaints (registry)
·  Drawing up an investigation plan
·  Screening principles
·  Preparing a screening memorandum
1000-10.30 / Coffee Break
1030 – 1200 / Obtaining information
·  Drafting and issuing information requests
·  Summons and subpoenas
·  Interviews, public hearings and interrogations
·  Confidentiality and privilege
1200-1230 / Breakaway exercise 3: Hypothetical case to draw up initiation statement and information request/summons
Lunch break
1400 – 1500 / Breakaway exercise 3: Hypothetical case to draw up initiation statement and information request/summons (continued)
1500 – 1600 / Approaching the exercise of invasive powers
·  Obtaining warrants for search & seizure
·  Assessing relevance of information
1600 - 1630 / Coffee Break
Wrap-up

Programme lecturers and facilitators

/ Genna is an economist with Acacia Economics, specialising in competition and regulatory economics. Genna has worked extensively in economic analysis for competition and regulatory matters across a range of sectors. She spent four years as an economist at the Competition Commission of South Africa and has also consulted widely to regulators, government and private companies in South Africa and the region. Genna is also a Senior Research Fellow at the Centre for Competition, Regulation and Economic Development at the University of Johannesburg and has presented and published a number of papers on topics related to competition and regulatory economics. She has also been involved in coordinating and facilitating training on competition economics for practitioners and in teaching a competition economics course for Masters students. Genna holds a BA in Economics and Management from Oxford University and an MSc in Economics (with distinction) from the University of Warwick.
/ Tamara Paremoer is a Senior Economist at the Centre for Competition, Regulation, and Economic Development at the University of Johannesburg. Prior to that, she worked as Principal Economist and Inquiry Director of the Competition Commission of South Africa’s Market Inquiry into the Private Healthcare Sector. She also worked as investigator in the Enforcement & Exemptions Division of the Competition Commission of SA where she investigated collusion and abuse of dominance cases in various agro-processing sectors including dairy, poultry, and bread; retail supermarkets, healthcare, and grain storage and trading. Tamara holds a Master of Commerce (Economics) from the University of the Witwatersrand. She has also worked for several leading consultancies, including McKinsey & Company and Ernst & Young.

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