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The social impact, limits and downside risks of enacting a competition law and policy
within a society
Hanoi, 23-24 April 2004Dr. Patrick Krauskopf, Vice-Director, Swiss Competition
Commission
Dr. Pascal Raess, Swiss Competition Commission
Structure of Presentation
1. Competition Law & Policy
2. Legal / Economic / Social / Cultural Frameworks
3. Social Impact
4. Limits & Downside Risks
5. Conclusion
1. Competition Law & Policy
• Competition law encompasses– Horizontal agreements– Vertical restrictions– Abuse of dominance– Merger control
Competition Policy
• … is much broader than competition law:– Deregulation– Privatisation– State-aids and subsidies– Trade policy– Investment policy
Consistency problem
2. Environment for competition Law & Policy
• Legal framework
• Economic framework
• Social framework
• Cultural framework
Legal Framework
• Private property
• Contract law
• Transparent procedure rules
• Intellectual property rights (IPR)
• Etc.
Economic framework
• Markets should be opened to competition (privatisation, deregulation)
• Private sector / public sector distortions should be removed
• Subsidies / State-aids should be carefully analysed
• National preference
Social framework
• Labour mobility
• Unemployment « insurance »
• Regional policy
• Education
• Health
Cultural framework
• Profit as driving economic force
• Entrepreneurship
• Legal and economic training of the relevant Government bodies / enforcement agencies
• Civil society awareness (consumers, businesses, etc.) Competition culture
3. Social Impact (I)
• Unemployment decreases in the long run (although it might increase in the short run)
• Costly transition period (structural change)
• Sectoral prices might decrease (improved competition, increased productivity)
Social Impact (II)
• Internal migration (e.g. rural urban)
• Redistribution of wealth (e.g. via privatisation)
• Environmental policy (e.g. pollution, externalities on health)
• Land use policy
4. Limits & Downside risks (I)
• Potential contradictions with industrial policy (e.g. building « national champions »)
• Potential waste of comparative advantages with nations without Competition law (attracting FDIs becomes more difficult)
• Advocates of « one shot » introduction of new competition law vs. « phased » introduction of new competition law (i.e. merger control and abuse of dominance in a second phase)
Limits & Downside risks (II)
• « Unrealistic » business expectations: Competition law aims at protecting competition (not companies, notably SMEs)
• « Unrealistic » Consumer expectations (« Deflation », sharp rise in purchasing power)
• Institutional design of authorities responsible for competition law and policy enforcement (trans-parency, accountability, independence)
Limits & Downside risks (III)
• Lack of training & experience of new competition authority
• Scope of competition law is too limited
• Application of « Per se » rules
5. Conclusion
• Competition law & policy is only one aspect of economic policy / Consistency with other policy goals
• The benefits more than compensate potential harms• Risks of errors are limited with a « rule of reason »
approach• Capacity building• Long term cooperation