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Annual Performance Plan 01 April 2013 – 31 March 2014. 26 March 2013. Commissioner Shan Ramburuth. Objective of the Commission. The objective of the Commission is to promote competition in the economy in order to: promote the efficiency, adaptability and development of the economy;
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Annual Performance Plan01 April 2013 – 31 March 2014 26 March 2013 Commissioner Shan Ramburuth
Objective of the Commission • The objective of the Commission is to promote competition in the economy in order to: • promote the efficiency, adaptability and development of the economy; • provide consumers with competitive prices and product choices; • promote employment and advance the social and economic welfare of South Africans; • expand opportunities for South African participation in world markets and recognize the role of foreign competition in South Africa; • ensure that small and medium-sized enterprises have an equitable opportunity to participate in the economy; and • promote a greater spread of ownership, in particular to increase the ownership stakes of historically disadvantaged persons.
1st Generation Strategic Plan Environmental Factors and Strategic Priorities
Alignment with EDD’s outcome 4 (Decent employment through growth) Towards a fair and efficient economy for all
Situational analysis • Legislative mandate: Promulgation of Competition Amendment Act in 2012 / 2013 • President Jacob Zuma has determined that section 6 of section of the Competition Amendment Act 1 of 2009 (2009 Amendment), will come into effect on 01 April 2013, this provides the Competition Commission (“Commission”) with formal powers to conduct market inquiries. • Stakeholder engagement • Opportunity for Commission to make input into industrial and economic policy processes; • Facilitating participation of wider stakeholders • The role of economic law and policy as a catalyst in bringing about economic transformation Increased focus on outcomes that impacts on the economy. • Adverse Court Decisions: impact on ability to initiate and investigate complaints. • Constitutional Court decisions and implications
Competition law and policy embedded in SA’s economic realities
Advocacy for pro-competitive outcomes We encourage a culture of fair competition in markets by educating, influencing, advising, informing, monitoring and supporting the Competition Commission’s stakeholders • Key functions • Policy advice to government departments & legislators • Case resolution through advocacy • Education and compliance training • External relations • International learning and dissemination of SA insights • Thought leadership on competition policy • Recent developments • Market enquiry tool for in-depth analysis of markets • Key projects 2013/14 • Stakeholder management framework for the Commission • Market Enquiries – guidelines & implementation • Government in markets (impact on competition) – analytical piece and guidelines • Public interest in mergers – beyond employment issues • ICN Cartel workshop 2013 • African Competition Forum – research & capacity building across the continent • Social media presence
Prioritisation optimises resources • Current priority sectors for investigation and advocacy • food and agro-processing; • infrastructure and construction; • intermediate industrial products and energy; • construction services; and • Banking • Proactive measures optimise resources • screening key value chains • initiations and investigations in as poultry, bread, wheat and milling, animal feed, steel, polymers, fertiliser, cement, concrete pipes and bricks • increase in the number of abuse of dominance investigations Future priority sectors for next planning cycle under discussion
The internal operating environment • New professional staff • Staff retention • Uncertainties in leadership issues • Implementation of reviewed Human Resources policies • Market inquiry into the Healthcare sectors • Internal audit findings were in the following areas and this will form part of the focus areas for 2013. • Internal audit findings were rated as medium impact. • Procurement • Supplier database • Appointment of Legal Counsel • IT Governance • Case pipeline • Performance information review • Fines process Towards a fair and efficient economy for all
Construction Bid Rigging • Finalising the Construction Fast Track Settlement Process • Pursuing further investigations for projects which were not declared. Towards a fair and efficient economy for all
Competition Amendment Act 2009 • Interpretation and Application of this Chapter 43A. • In this Chapter, ‘‘market enquiry’’ means a formal study of the general state of competition in a market for particular goods or services, without exclusive reference to the conduct or activities of any particular named firm. • Formal Inquiry • Commission’s own ‘initiative’ or request from a Minister. • Not less than 20 days publish Notice in Gazette: Terms of Reference (in timeframes) and invitation to public • Report in Gazette and to Min with/ without recommendations. • Market inquiry provisions effective 1 April 2013 • Devising and implementing market inquiry into private healthcare costs Towards a fair and efficient economy for all
THANK YOU Tel: 012 – 394 3332 Fax: 012 – 394 3332 Email: shanr@compcom.co.za Website: www.compcom.co.za