Challenges in introducing competition law in cambodia
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Challenges in Introducing Competition Law in Cambodia. By Om Dararith Director of Legel Affairs Deparment Ministry of Commerce, Cambodia. Content. Preparation of Competition Law in Cambodia Content of Cambodian Draft Competition Law Legislation process in Cambodia Possible Challenges.

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Challenges in introducing competition law in cambodia

Challenges in Introducing Competition Law in Cambodia

By

Om Dararith

Director of Legel Affairs Deparment

Ministry of Commerce, Cambodia


Content

Content

  • Preparation of Competition Law in Cambodia

  • Content of Cambodian Draft Competition Law

  • Legislation process in Cambodia

  • Possible Challenges


Preparation of competition law in cambodia

Preparation of Competition Law in Cambodia

1. May 2005:Completion of 2 studies on state of competition in Cambodia, sponsored by UNCTAD and EU MULTRAP Project

- Economic mapping of Cambodia: an overview of the Economy and the Nature of Economic distorsions by Goeffrey Sumner, EC Consultant.

- Review of the Legal and Administrative Constraints on the Working of Markets in Cambodia by UNCTAD Consultant on Competition Law and Policy in Cambodia.


Preparation of competition law in cambodia cont

Preparation of Competition Law in Cambodia (cont’)

2. May 2005: Roundtable with government officials on the new policy framework for Cambodia’s competition law

3. May 2005:Roundtable with stakeholders on the formulation of a competition policy framework for Cambodia


Preparation of competition law in cambodia cont1

Preparation of Competition Law in Cambodia (cont’)

4. June 2005: Establishment of Working Group on Competition Law and Policy by MOC, comprises of 7 members

  • 1 representative from Council of Minister

  • 2 representatives from Ministry of Commerce

  • 1 representative from Ministry of Justice

  • 1 representative from National Bank of Cambodia

  • 1 representative from Ministry of Economy and Finance


Preparation of competition law in cambodia cont2

Preparation of Competition Law in Cambodia (cont’)

5. August 2005: Visit of 2 UNCTAD Experts on Competition law and policy

  • To explore the state of competition in Cambodia, the stakeholders point of views on the need and impact of competition law and policy in Cambodia and to prepare a working program and schedule for the competition law and policy in Cambodia

  • Meeting with different stakeholders:

    • Funding and development organisations: World Bank, ADB, EC, France Embassy

    • Government officials and the working Group on Competition

    • Professional associations: CAMFEBA, Phnom Penh Chamber of Commerce, French-Cambodian Chamber of Commerce, Phnom Penh Hotel Association…) and

    • Professionals: Banks, legal consultant…


Preparation of competition law in cambodia cont3

Preparation of Competition Law in Cambodia (cont’)

6. January- March 2006:

-Draft Law on Competition by 2 UNCTAD experts: Mr. Frédéric Jenny and Mr. Guy Charrier

7. March 2006:

- Present and discuss the first Draft with the Working Group on Competition.


Review draft law on competition by 2 unctad experts

Review Draft Law on Competition by 2 UNCTAD experts

  • ADB expert, Mr.Kenneth Davidson

  • Law professor in US and Abroad, 10 years

  • Senior competition lawyer for the Federal Trade Commission (FTC), 25 years

  • Resident Advisor to the Indonesian Competition Commission 2002-2003

  • Advisor to other Competition Agencies and NGOs, over a 20 year period

  • “Creating Effective Competition Institutions: Ideas for Transitional Economies” available on www.kennethdavidson.com


Guiding principles

Guiding principles

  • Written in plain language to be understood by:

    • Government officials;

    • Member of Parliament;

    • Competition investigators and judges;

    • Producers and consumers.

  • “UNCTAD draft” requires prior knowledge of competition law and economics that does not exist in transitional economies.


  • I structure of the draft law

    I. Structure of the Draft Law


    Ii main functions

    II. Main Functions


    Challenges in introducing competition law in cambodia

    Legislation process


    Possible challenges

    Possible Challenges

    • Adequate capacities building (Regulator, Policies maker and expert)

    • Consumer group and the media ( So as to generate awareness and support among the wider public for the adoption and implementation of Competition Law and Policies

    • The business to ensure their compliance with the Law and Policy


    Challenges con t

    Challenges Con’t

    • Lack of resources and training institution

    • Lack of public and private participation

    • Lack of information accessible

    • Limited of small and medium enterprises and those are so small

    • Politic influence


    Institutional options

    Institutional Options

    Investigation Unit

    Prosecuting Unit

    Court-like Decisions

    Independent Agency

    Non Independent Agency

    New Court

    Existing Court


    Challenges in introducing competition law in cambodia

    Thank you for your attention


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