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Competition Policy in Guyana

Competition Policy in Guyana. Guyana’s Competition and Consumer Protection Commission August12th, 2009 Caricom Workshop on Competition Law and Policy. Objective of this presentation. A presentation of what Guyana seeks to achieve through its Competition and Consumer Protection Commission.

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Competition Policy in Guyana

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  1. Competition Policyin Guyana Guyana’s Competition and Consumer Protection Commission August12th, 2009 Caricom Workshop on Competition Law and Policy

  2. Objective of this presentation • A presentation of what Guyana seeks to achieve through its Competition and Consumer Protection Commission

  3. Wider objective • Economic development of Guyana, as per: • National Development Strategy • Poverty Reduction Strategy Paper • National Competitiveness Strategy • “We must now … make our number one strategic economic priority the goal of enhancing the competitiveness of our economy to deliver greater economic growth” President Jagdeo, 2006

  4. National Competitiveness Strategy sets out key policy areas in need of reform • Macroeconomic, Taxation, Human Services, Investment Promotion, Export Promotion, Business Development etc • One key area is Competition and Consumer Protection Policy Why?

  5. Why free competition? • Because free competition is essential to: • Stimulate entrepreneurship • Boost foreign and local private sector investment • Allow producers of goods and services to identify consumer preferences • Encourage innovation • Improve quality and standards • Orient local firms to regional and global markets • Help consumers to make the right decision in line with their preferences - they are the ultimate drivers of the economy

  6. Competition Policy Policy in an economy to promote free market competition Local regional and international WHERE? HOW? Legislation in place to curb anti-competitive behaviour by firms WHO? Competition Policy is implemented through independent Commissions Therefore Competition Commissions… …are guardians of freely competitive markets… …and not yet another Government regulator!

  7. Competition Policy in Guyana • Competition and Fair Trading Act (2006) • Competition Commission • 4 Commissioners, appointed since 2007 • Ramesh Dookhoo • Adrian Anamayah • Keith Burrowes • Pat Dial • Consumer Protection Bill (to be enacted in 2009)

  8. Competition and Fair Trading Act - 2006

  9. The Commission will… • Review commercial activities to ascertain practices which may adversely affect the economic interests of consumers • Investigate allegations of anti-competitive behaviour by businesses • This can be done at the request of any person or on its own initiative

  10. …and • Conduct inquiries as it may consider necessary or desirable in connection with any matter falling within the provisions of this Act • Advise the Minister on such matters relating to the operation of this Act as it thinks fit or as may be requested by the Minister • Take such action as it considers necessary with respect to the abuse of a dominant position by any enterprise • Eliminate anti-competitive agreements

  11. It will: • Communicate rights and obligations • Provide guidance to consumers • Undertake studies and publish reports regarding matters affecting the interests of consumers and competition in the market place • Co-operate and assist associations that promoting free competition and consumer rights

  12. It shall co-operate with: • The Community Competition Commission • Competition authorities of other Member States …to detect and prevent anti-competitive conduct and exchange information relating to such conduct

  13. Anti-CompetitiveAgreements • Price fixing • Limiting or controlling production, markets, technical development or investment • Artificial dividing up of markets or suppliers • Affecting tenders submitted in bidding • Dissimilar conditions to same transactions • Contract acceptance subject to unrelated third parties

  14. Abuse of dominant position • Impeding the maintenance or development of competition in a market. This means: • restricting entry of enterprises into any market • deterring any enterprise from engaging in competitive conduct in any market • removing other enterprises from any markets • imposing unfair prices or other anti-competitive practices • limiting the production of products to prejudice of consumers • tied selling, exclusive dealing or market restriction

  15. Abuse of dominant position is not firm behaviour… • To exclusively improve the production or distribution of goods • To promote technical or economic progress and consumers were allowed a fair share of the resulting benefit • To enforce any right under any property rights • Caused as the result of its superior competitive performance

  16. The Competition and Fair Trading Act also… • Will need to be reviewed in terms of: • Anti-dumping • Mergers and acquisitions • Withholding supplies

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