WORLD TRADE
ORGANIZATIONWT/WGTCP/W/186
19 June 2002
(02-3398)
Working Group on the Interaction
between Trade and Competition PolicyOriginal:  English
COMMUNICATION FROM JAPAN
The following is the final text of a paper received from the Permanent Mission of Japan
which was circulated as an advance copy for the Working Group's meeting of 23-24 April 2002.
_______________
 The Experiences of Japan and APEC in
Technical Assistance and Capacity Building
I. INTRODUCTION
Technical assistance and capacity building related to the WTO are integral parts of the Doha
Ministerial Declaration.  As technical assistance and capacity building are related to human and
institutional development, these are by nature to be carried out in the long term.  However, the Doha
Agenda requires also a prompt disbursement of some projects so that, at the time of the 5th
Ministerial Conference, developing Members may better evaluate the implications of closer
multilateral cooperation for their development policies and objectives.
In most of the negotiation fields comprising this new round, including  "Trade and
competition policy", technical assistance and capacity building have already been dealt with in the
various frameworks for some time.  The WTO should thus take advantage of these previous
experiences when pursuing the Doha objectives.  In the past few years, Japan has been making efforts
to provide, mainly in the Asia and Pacific region, technical assistance and capacity building related to
competition policy.
Based on these experiences, Japan would like to emphasize the following three points when
promoting technical assistance and capacity buildin g in the WTO, and also to present its future
activities.
1. The different approaches and steps undertaken by each Member for the common
purpose of promoting competition policy should be respected.
2. The provision of adequate technical assistance programmes and tools, especially
those reflecting the specific needs of developing Members, is of utmost importance.
3. In implementing capacity building and technical assistance, it is desirable that sharing
and referring to a joint approach to common principles and menu for cooperation.
Accordingly, the discussion and examination of all these issues in a single unitary
framework will become inevitable.WT/WGTCP/W/186
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II. JAPAN’S EXPERIENCE IN TECHNICAL ASSISTANCE
Japan's approach in promoting competition policy and technical assistance is based on respect
for each recipient country's individual needs.
Japan has provided training courses, sent experts, organized seminars, and conducted other
activities on a regional or bilateral basis, mainly for developing countries in the Asia and Pacific
region.  What has become clear, through dialogue with experts from developing countries and
experience of this kind of technical assistance, is that all of the countries share an awareness of the
importance of the policy objectives of "promoting market competition", or "prohibiting anti-
competitive activities to ensure free and fair markets".  On the other hand, the approaches and means
used to materialize these ultimate policy objectives vary according to differences in the respective
countries’ economic and developmental condition, their legal institutions, and, moreover, differencesin their underlying social and cultural background.
We should fully understand and respect the need for countries to maintain or adopt these
different approaches.  In developing countries, for example, approaches are broadly diversified.
Differences can be seen in the approaches of countries that have  competition laws and competitionauthorities, and those of countries that, while considering it important to promote competition, have
no comprehensive antimonopoly law, and place priority on ensuring and promoting competition
within a framework of laws related to individual industries or consumer protection.  Furthermore, the
roles of competition authorities and the procedures for enforcing competition law are often different,
because of the diverse economic and social circumstances and historical background of each country.   
This does not concern only competition law, for differences are also seen in the commercial
code, business-related legislation, civil code, and constitution of each country (which form the
platform for competition law), depending on the circumstances of that country.  Similarly, we may
also note that, even in developed countries, competition legal institutions are not necessarily uniform.The full recognition of the existence of such differences should be our starting point.
Japan’s experience in technical assistance:  t echnical assistance based on individual needs
Japan, alongside the technical assistance provided by other countries and international
organizations, has provided technical assistance to a number of countries in accordance with their
individual needs, and contributed to the development of competition law and policy in thosecountries.  Some examples of cases highlighting needs for technical assistance and the development of
competition legal institutions in several countries in the Asia Pacific Region are as follows.  We hope
that the experience of some countries will be useful for other countries as a "best practice" model for
future technical assistance and capacity building.
A. T
HAILAND
Thailand adopted a comprehensive competition law (the Trade Competition Act) in 1999, and
in the period leading up to that there was an increas ing need to study ways of developing competition
legislation, as well as cooperation needs to this end.  The need to enact a new competition law,
including the issue of privatizing state enterprises, had been stressed in the wake of increasing abuseof market dominance and fixing of prices resulting from rapid economic growth in the 1990’s.
Therefore, over a five-year period from 1996, Thailand organized a training programme
within the APEC framework in partnership with Japan, actively participated in the international
discussion on promoting competition policies, an d made an effort to share knowledge and
information.  Thailand also took an active part in training programmes and seminars provided by
Japan and other developed countries, in order to conduct the studies needed to develop specificWT/WGTCP/W/186
Page 3
legislation.  For one year from 1998, the Japanese government sent JFTC experts to the Business
Competition Bureau of the Thai Department of Intern al Trade and gave guidance at local level.  This
initiative, along with the fruits of other technical cooperation programmes, contributed greatly to the
development of a competition legal institution in Thailand.
Thailand is drawing up guidelines for interpreting the law, and it is worth noting that the
experiences of other APEC member economies are also incorporated in these guidelines.  Currently,
Thailand is exploring the possibility of strengthening its competition authorities with a view to
empowering more effective law enforcement, and is  also studying the experiences of other countries
in this respect.
B. INDONESIA
In 2000, Indonesia adopted a comprehensive competition law:  the Law Concerning the
Prohibition of Monopolistic Practices and Unfair Business Competition.  This process was also
supported by technical assistance activities, in various forms such as training courses.  Based on this
law, Indonesia regulates anti-competitive activities and monitors market competition through its
Business Competition Supervisory Commission.  Indone sia is currently trying to strengthen its
capacity for investigation and to formulate new guidelines with a view to further empowering law
enforcement.
Like Thailand, Indonesia has also taken an active part in technical assistance programmes
provided by overseas agencies.  As well as ob taining the knowledge and information needed for
developing legal institutions, another current problem is how to ensure effective enforcement of
competition law.  Accordingly, there is a greater need for, cooperation in this respect.  To this end, the
Japanese government has sent JFTC experts to Indonesia and provided technical assistance beginning
last year, as well as cooperating in training programmes and seminars held in either Japan or
Indonesia.
C. CHINA
In China, similarly, the draft of a new and comprehensive competition law is now being
studied.  Every year since 1998, the Japanese gove rnment has provided a one-month medium-term
training programme to meet China’s specific needs of cooperation in particular in the enforcement of
competition law and policy.
D. SINGAPORE
Although Singapore has no independent, comprehensive competition law, it has established
competition provisions in laws regulating the telecommunications, electric power and gas industries.
Such provisions provide regulation of competition-restricting practices, such as the abuse of dominant
positions.  These have been incorporated in recent legal amendments, and indicate that a competitiveenvironment is being established in public utility sectors that are very important for the national
economy.
In January 2001, the Japanese government signed an economic partnership agreement with
the government of Singapore, which included elements of a free trade agreement.  In the chapter oncompetition policy of this bilateral agreement, both  countries have pledged to control anti-competitive
activities and to cooperate with each other to facilitate trade and investment.  This results from a
perception between the countries that there is an increasing need for cooperation in order to
effectively control anti-competitive practices, given that the trade and investment relationship
between the two countries is expected to deepen in future.WT/WGTCP/W/186
Page 4
In particular, Japan and Singapore have agreed to cooperate with each other with respect to
notification and information exchange, starting with the sectors in which Singapore currently has
competition-related provisions.  It should also be noted that the two countries have also agreed on
providing each other with technical cooperation.  This  is the first, epochal attempt at a framework for
cooperation between two countries that have di fferent systems relating to competition legal
institution, and will be useful for reference in future.
Group Training Course
In addition, the Japanese government, which increasingly is asked for technical assistance
from countries without competition legal institution, those in the process of drafting or implementing
competition law or those endeavouring to enhance their enforcement capacity, offers a group-trainingcourse for countries that have an interest in developing and implementing competition law and policy.
We have been actively involved in providing technical assistance, led by the Japan Fair Trade
Commission and the Japan International Cooperation Agency, with the support of the academic
community and international organizations.  The one-month training programme focuses on a wide
range of themes and issues, from theoretical to practical ones, reflecting needs of participatingtrainees from different countries.  During the 8-year period from 1994, we have had 76 participants
from 32 developing countries and, we believe, most participants have commented favorably.  We will
continue to organize this training course annually, and provide technical assistance to participants
from a wider coverage of developing countries and region.
III. ACTIVITIES OF JAPAN IN THE APEC FRAMEWORK
Shared Policy Principles and Technica l Assistance for Capacity-Building
The APEC is a regional framework based on the dual pivots of "liberalization and facilitation
of trade and investment" and "technical and economic cooperation".  At present, its membershipconsists of 21 countries and regions in the Asia-Pacific region.  A workshop on competition policy
was held in 1995 with the aim of promoting a common understanding of competition law and policy
among member economies.  This triggered a "Working Group on Competition Policy and
Deregulation" which was set up in 1996 to discuss competition policy interactively with issues of
deregulation.  It has since then continued to act as an arena for exchanging views as well as sharing
information and experience.  The Working Group is chaired by Peru, and Japan has made
contributions in formulating and implementing initiatives of the Working Group.
One of the most significant experience in the APEC, is the fact that technical assistance
programme and discussions are developing hand in ha nd with the adoption of policy principles and a
menu of policy options, providing a comprehensive framework for the promotion of capacity
building.
APEC Principles to Enhance Competition and Regulatory Reform
In its activities over the last six years, APEC’s most important and substantive output in the
competition policy arena has been the "APEC Principles to Enhance Competition and RegulatoryReform", adopted at a Ministerial Meeting in 1999.  These principles, which are non-binding in nature
like APEC’s other activities and output, are perceived to be implemented voluntarily by the individual
member economies.  Moreover, when implementing the principles, flexibility is stressed in order to
take account of diverse circumstances.  The APEC principles state that "the adoption of these
principles for policy development needs to take account of, and encompass the diverse circumstancesof economies in the region and the different priorities that arise from these circumstances".  The
principles are not limited to promoting competiti on, but also extend to promoting regulatory reform,
and are thus aimed at competition in a wider sense.WT/WGTCP/W/186
Page 5
The elements of these principles particularly stress the significance of guaranteeing "non-
discrimination", "comprehensiveness", "transparency" and "accountability".  Furthermore, it specifies
efforts to be made by APEC member economies wi th a view to implementing the principles.  In
particular, these include the flexibility to address anti-competitive activities by implementing
competition policy, while also considering issues  of timing and steps involved in introducing
competition mechanisms and reform measures, taking into account the circumstances of individual
economies.  The principles also state that, in the application of competition and regulatory policy,
confidence is to be fostered and capacity building undertaken by promoting advocacy of competition
policy and regulatory reform, building expertise in  competition and regulatory authorities, and
adequately resourcing them.  Finally, they stress that economic and technical cooperation and
assistance should be provided in developing economies.
These APEC principles will be very important as a reference point for discussing elements of
core principles in the WTO Working Group.  They are also very similar to the elements of "non-
discrimination", "transparency", and "procedural fa irness" incorporated in the Doha Ministerial
Declaration.
Of particular note, among other APEC activities, is the preparation of a database on
competition law and policy in APEC member economies.   Chinese Taipei took this initiative in order
to enhance exchanging information and sharing experience.
Also adopted as a project of the APEC ministerial initiative (the "Cooperation Framework for
Strengthening Economic Legal Infrastructure"), is the "Menu of Options for Competition Law and
Policy".  This project provides a comprehensive list of policy measures and targets to be achieved as
each member economy independently develops and improves competition law and policy.
Training programmes and other APEC activities
The most tangible activities aimed at capacity building are APEC training programmes on
competition policy.  The Japan Fair Trade Commission, in partnership with Thai competition
authority, organized a training programme from FY1996 to FY2000 as a part of APEC’s "Partnership
For Progress" program.  Over the five year period, this training programme had the participation of
about 190 competition experts from developing  economies and around 70 from developed ones, in
total.  The programme came to a successful conclusion, having contributed to capacity building notonly in developing economies but also in developed ones.  This was because the participants
exchanged views and shared experiences, such as best-practice cases and problems in promoting
competition policy in individual member economies.
IV. JAPAN’S ACTIVITIES ON TECHNICAL ASSISTANCE IN THE FUTURE
Japan has planed, in partnership with both Thai land and Vietnam, to organize a new series of
training programmes as of this summer, with a view to promoting capacity building aimed at
implementing the APEC principles.  This initiative was proposed as a contribution to the APEC
ministerial projects ("APEC-WTO related Capacity Building Strategic Plan"), and was endorsed with
high praise at the APEC Ministerial Meeting last autumn.
Japan is also consulting with the WTO  secretariat to sponsor a training programme in
Geneva, targeting officials from capitals of developing Members so that they will be better prepared
for closer multilateral cooperation.  Through this programme, we hope that understanding on the
issues will be deepened including the core principles stated in paragraph 25 of the DohaDeclaration(transparency, non-discrimination and procedural fairness), as well as hardcore cartels,
etc.WT/WGTCP/W/186
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V. CONCLUSION
As stated in the foregoing, given the existence of diverse circumstances, respective countries
adopt different approaches in the promotion of competition policy, or in the regulation of anti-
competitive practices.  Nevertheless, we share the common policy objectives of "promoting market
competition" and "prohibiting anti-competitive practices  to ensure free and fair markets".  Moreover,
the countries involved should further cooperate with each other to achieve these objectives in a more
effective and efficient manner, while respecting each country’s different approaches.
In particular, technical assistance activities should be tuned to the individual needs of various
countries, especially of developing Members.  Japan will continue to provide effective technical
assistance to developing countries for progressive reinforcement of competition institutions and
contribute to capacity building in the future, both independently and in partnership with WTO,UNCTAD, OECD, APEC and other international frameworks.
In activities for capacity building, all participants will benefit, that is, not only those of
developing Members but also those of developed ones.  Japan has been involved in many technical
assistance activities until now, and we have gained the opportunity of sharing and learning from thevarious views and experiences of many other countries in the process.
Capacity building activities provide the opportunity for accumulating discussions on
competition legal institutions and the enforcement of laws and policies which is likely to make those
involved aware of the existence of a common basis among the various countries.  This common basis
will be referred to as shared principles on competition policies, or a framework for efficient
cooperation among countries.  In order to more effectively promote capacity building for all WTO
Members, it is important to discuss as well the principles and menu of competition policy .WT/WGTCP/W/186
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TECHNICAL ASSISTANCE OFFERED AND CONTRIBUTED BY THE JAPAN
FAIR TRADE COMMISSION
A. LONG-TERM TRAINING COURSE
1. Group Training Course/Antimonopoly Act and Competition Policy
Year/Month Location Duration Recipient Countries
1994/ Aug-Sept Japan 1 month India, South Korea, Thailand, China, Malaysia, Mongolia
1995/ Aug-Sept Japan 1 monthIndia, South Korea, Slovakia, Thailand, Trinidad and Tobago,
China, Poland, Bulgaria, Malaysia, Mongolia
1996/ Aug-Sept Japan 1 monthAzerbaidjan, Indonesia, South Korea, Sri Lanka, Thailand,
China, Malaysia, Mongolia,
1997/ Aug-Sept Japan 1 month Indonesia, Thailand, China, Chile, Bulgaria, Malaysia, Mexico
1998/ Aug-Sept Japan 1 monthIndia, Indonesia, Vietnam, South Korea, Kenya, Thailand,
Tanzania, China, Panama, Philippine, Poland, Malaysia,
Myanmar, Lithuania
1999/ Aug-Sept Japan 1 monthIndia, Sri Lanka, Chile, Peru, Uzbekistan, Kazakhstan, Kenya,
Tanzania, Honduras
2000/ Aug-Sept Japan 1 monthIndonesia, Sri Lanka, Thailand, Malaysia, Laos, Azerbaidjan,
Kenya, Zambia, Morocco, Estonia
2001/ Aug-Sept Japan 1 monthIndonesia, Thailand, China, Mongolia, Sri Lanka, Bulgaria,
Malaysia, Vanuatu, Brazil, Kenya
2. Country-Focused Training Course for the People’s Republic of China
Year/Month Location Duration Recipient Countries
1998/ Sept-Oct Japan 1 month China
1999/ Sept-Oct Japan 1 month China
2000/ Oct-Nov Japan 1 month China
2001/ Oct-Nov Japan 1 month China
3. Country-Focused Training Course for the Kingdom of Thailand
Year/Month Location Duration Recipient Countries
1997/ Nov-Dec Japan 3 weeks Thailand
1998/ Nov-Dec Japan 2 weeks Thailand
4. Country-Focused Training Course for Russian Federation
Year/Month Location Duration Recipient Countries
1995/ Nov-Dec Japan 2 weeks Russia
1996/ Nov-Dec Japan 2 weeks Russia
1998/ Mar-Apr Japan 2 weeks Russia
2000/ Mar Japan 2 weeks RussiaWT/WGTCP/W/186
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B. APEC PROGRAMME PARTNERS FOR PROGRESS (PFP)
Year/Month Location Duration Recipient Countries
1997/ Mar Thailand 4 days APEC member economies
1998/ Feb Thailand 6 days APEC member economies
1999/ Mar Thailand 4 days APEC member economies
2000/ Mar Thailand 3 days APEC member economies
2001/ Mar Thailand 3 days APEC member economies
C. SENDING EXPERTS
1. Sending Experts to Developing Countries
Year/Month Location Duration Recipient Countries
1998/ Feb-Mar Malaysia 1 month Malaysia
1998/ Apr-1999/ Apr Thailand 1 year Thailand
1998/ Jul-Sept Lithuania 3 months Lithuania
1999/ Mar Vietnam 2 weeks Vietnam
1999/ Jun-Nov Thailand 6 months Thailand
1999/ Jul-Oct Latvia 2.5 months Latvia
2000/ Nov-Dec Malaysia 2 months Malaysia
2001/ Apr-2003/ Mar Indonesia 2 years Indonesia
2. Sending Experts to Seminars Provided by International Organizations
Year/Month Location Duration Provided by
2000/ Apr India 3 days UNCTAD
2000/ Jul Thailand 3 days WTO
2000/ Aug Costa Rica 3 days UNCTAD
2001/ Mar Kenya 5 days UNCTAD
(Note):  A (1), (2), (3), B and C (1):  funded by the Japanese International Cooperation Agency (JICA).WT/WGTCP/W/186
Page 9
APEC PRINCIPLES TO ENHANCE COMPETITION AND REGULATORY REFORM
Open and Competitive Markets are the Key Drivers of Economic Efficiency and Consumer
Welfare
Recognising the strategic importance of developing competition principles to support the
strengthening of markets to ensure and sustain growth in the region and that these principles provide a
framework  that links all aspects of economic policy that affect the functioning of markets;
Recognising that these principles are non-binding and will be implemented by each member
economy voluntarily, consistent with the way APEC operates;
Recognising that the adoption of these principles for policy development needs to take
account of, and encompass the diverse circumstances of economies in the region and the different
priorities that arise from these circumstances;
Recognising that member economies will have flexibility to take into account their diverse
circumstances in implementing this framework;
Recognising that policy and regulation in APEC economies may properly have objectives
other than promoting competition;
Recognising that exemptions and exceptions from a competition driven regulatory framework
may be necessary and that these will be implemented in a way that minimises economic distortions,
giving consideration to this framework;
Recognising that an improved competitive environment is beneficial to small and medium
sized enterprises, and that extensive consultation has occurred with the business community in
developing these principles; and
Drawing upon relevant inputs from various APEC  fora and the Pacific Economic Cooperation
Council’s "Principles for Guiding the Development of a Competition-Driven Policy Framework for
APEC Economies";
APEC endorses the following principles:
Non Discrimination
(i) Application of competition and regulatory principles in a manner that does
not discriminate between or among economic entities in like circumstances,
whether these entities are foreign or domestic.
Comprehensiveness
(ii) Broad application of competition and regulatory principles to economic
activity including goods and services, and private and public business
activities.
(iii) The recognition of the competition dimension of policy development and
reform which affects the efficient functioning of markets.
(iv) The protection of the competitive process and the creation and maintenance
of an environment for free and fair competition.WT/WGTCP/W/186
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(v) The recognition that competitive markets require a good overall legal
framework, clear property rights, and non discriminatory, efficient and
effective enforcement.
Transparency
(vi) Transparency in policies and rules, and their implementation.
Accountability
(vii) Clear responsibility within domestic administrations for the implementation
of the competition and efficiency dimension in the development of policies
and rules, and their administration.
Implementation
To achieve this∗, APEC Member Economies will make efforts to :
1. Identify and/or review regulations and measures that impede the ability and opportunity of
businesses (including SMEs) to compete on the basis of efficiency and innovation.
2. Ensure that measures to achieve desired objectives are adopted and/or maintained with the
minimum distortion to competition.
3. Address anti-competitive behaviour by implementing competition policy to protect the
competitive process.
4. Consider issues of timing and sequencing involved in introducing competition mechanisms
and reform measures, taking into account the circumstances of individual economies.
5. Take practical steps to:
• Promote consistent application of policies and rules;
• Eliminate unnecessary rules and regulatory procedures; and
• Improve the transparency of policy objectives and the way rules are administered.
6. Foster confidence and build capability in the application of competition and regulatory policy.
This will be achieved, inter alia, by:
• Promoting advocacy of competition policy and regulatory reform;
• Building expertise in competition and regulatory authorities, the courts and the
private sector; and
• Adequately resourcing regulatory institutions, including competition institutions.
7. Provide economic and technical co-operation and assistance and build capability in developing
economies by better utilising the accumulated APEC knowledge and expertise on competition
                                                     
∗ Recognising that efforts will seek to avoid the duplication of work of other fora, as appropriateWT/WGTCP/W/186
Page 11
policy and regulatory reform, including by developing closer links with non APEC sources of
technical expertise.
8. Build on existing efforts in APEC to help spec ify approaches to regulatory reform and ensure
that such approaches are consistent with these principles.
9. Develop programmes, including capacity buildin g and technical assistance, to support the
voluntary implementation of the approaches to regulatory reform developed by relevant APEC
fora.
10. Develop effective means of co-operation between APEC economy regulatory agencies,
including competition authorities, and ensure that these are adequately resourced.WT/WGTCP/W/186
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MENU OF OPTIONS FOR COMPETITION LAW/POLICY
APEC STRENGTHENING ECONOMIC LEGAL INFRASTRUCTURE
APEC COMPETITION POLICY AND DEREGULATION GROUP
1. Objectives and Nature of Menu of Options for Competition Law/policy
Objectives
• support the implementation of a competiti on policy framework in APEC economies,
• contribute to the design of competition laws and deregulation frameworks,
• contribute to the strengthening of institutions and agencies in charge of enforcing competition
laws and regulations,
• establish mechanisms for dialogue, cooperation and experience sharing among competition
agencies of member economies
• contribute to the establishment of capacity building programmes related to the application of
competition and regulatory policies
• contribute to the dissemination of the benefits of competition within businessmen and citizens
Nature
• non-binding,
• flexibility, taking into account the diverse circumstances of individual economies, the different
stages of development, and the diversity of law and policy schemes,
• respect for voluntariness
2. Guidelines for the Menu of Options
• APEC Principles to Enhance Competition and Regulatory Reforms (Sept. 1999).
• Need to improve competitive conditions and prohibition of anti-competitive practices to
promote economic development and to improve consumer welfare.
• Consider that trade liberalization efforts need to be complemented by the promotion of a pro-
competitive business environment, to better contribute to business facilitation within theregion.
• Take into account the strategic importance of competition advocacy, and the need to work with
governments, businesses and citizens in the process of building a competitive open marketculture, as key for strengthening market functioning and for increasing the potential of market
led growth in the region.
• Recognition that sharing of experiences in enforcing competition laws and promoting a
competition culture are important for member economies, especially for those who are in theprocess of implementing or revising their competition laws.WT/WGTCP/W/186
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3. Menu of Issues on Competition Law/Policy
(a) General Topics
• What should be the scope of application of Competition Policy in a global economy?  Which
agents should competition policy address (multinational enterprises, public enterprises, newlyprivatized monopolies, professional associations, foreign businesses, domestic partners of
foreign businesses)?
• Should Competition Law address ex post market outcomes or should markets be analyzed ex
ante?  Are pre-merger controls needed in every economy?
• Which kind of relationship should there be between Competition Policy and other general
economic policy objectives like investment, trade policy, consumer protection, social issues,
within others?.
• Does Competition Policy has any impact on the degree of business competitiveness?
• What is the position of WTO on Competition Policy?
• Is the coordination and or harmonization of competition policies within economies the next
step?
(b) Competition Laws in APEC economies
• Implementing the APEC Principles to Enhance Competition and Regulatory Reform (Roturoa,
Sept. 1999)
• Common Problems Addressed by Competition Laws
• Horizontal Restraints (anticompetitive agreements such as collusive price fixing, market
quotas allocation)
• Vertical Restraints (vertical restraints such as exclusive dealing, resale price maintenance or
tying arrangements)
• Abuse of Dominant Position
• Mergers and Acquisitions
• Analytical Tools:  Rule of Re ason and Rule of Law (per se)
• Scope, Exclusions and Exceptions (including special treatment for sectors)
(c) Enforcement of Competition Law/Policy
c.1 Legal Infrastructure
• Administrative and Judiciary principles concer ning the application of competition law and
policies (due process, fairness, transparency, non-discrimination, confidentiality, gathering of
evidence, timing)
• Jurisdiction (subject matter jurisdiction, crossborder practices)WT/WGTCP/W/186
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• Competition Authorities, defining who they are and their specific powers
• Investigative Powers & Gathering of Proofs
• Determination of the nature of sanctions and the methods for enforcing them (elements that
should be taken into account)
c.2 Institutional Framework for Enforcement of Competition Law
• Options for Institutional Structure Design
c.3 Economic Analysis Approach and Methodologies for Monitoring Markets
• Methodologies for Market Analysis, what and where to look for
• Permanent Monitoring of Markets and Building of Statistical Data Bases:  Methodologies,
Costs and Benefits
• Investigative Methods, Conducting economic research and economic studies
• Calculation of the amount of Sanctions in Specific Cases, (sharing of experiences of member
economies)
(d) Relationship between Regulatory Poli cies/Practices and Competition Policy
• Principles of Regulatory Policy (Implementin g the APEC Principles on Competition and
Regulatory Reform)
• The Need for Regulation:  When, where and why.
• Regulators:  their need for independence, defining their powers adequately, structuring the
regulatory body, ensuring accountability, evaluating their performance.  How to avoid
common risks of regulators (rigidities, non-independent decisions, etc.).
• Exchange of Information on Regulatory Practices and Alternative Tools
• Regulation as a Transition towards a competitive environment:  cases
• Relationship between Competition Law and Regulations.
• Relationship between Independent Sectoral Regulators and Competition Law Enforcers
• The APEC/OECD Cooperative Initiative on Regulatory Reform
(e) Competition Advocacy and Promotion of a Competition Culture
• Sharing experiences on public awareness
• Strategies for disseminating the benefits of competition among citizens
• Educating the private sector on Competition Law issues (lawyers, economists, businessmen).WT/WGTCP/W/186
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• Issues in introducing competition law (or in making revisions to competition law).
• Training of Officials of Competition Agencies & Judiciary
__________