Competitive Neutrality and Its Application in Selected Developing Countries

Competitive Neutrality and Its Application in Selected Developing Countries PDF

Author: Deborah Healey

Publisher:

Published: 2020

Total Pages: 0

ISBN-13:

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The potential impact of government on the operation of markets is significant. In addition to enacting laws, and developing and implementing government policy at various levels, a government may play a substantial role as market participant in its own right or by way of corporations or other entities which it owns, controls, or has the capacity to substantially influence. This affects the nature and workings of the markets in which these bodies are involved and impacts on private competitors who may otherwise be more effective market participants.The place of government within markets of individual countries depends upon a range of factors which include the history, size, political ideology and stage of development of the jurisdiction. Industrial policies adopted by governments on a large or small scale may also advantage government bodies as well as other market participants. In many countries the traditional role of government as a market player is accepted without question. Other nations now question this status quo and question the ability of government to deliver goods and services to markets in the most efficient and beneficial way. This is particularly where they seek to benefit from the efficiencies and innovations which a market economy can deliver to the economy and to consumers.Theories of competition assume that market participants compete from a level playing field in the sense that none are given advantages which would allow them to win market share from more effective private competitors. Governments and government ownership have the capacity to advantage their market participants in a number of ways. Anti-competitive behaviour can be the subject of competition laws, and the activities of government may be caught by competition laws to a greater or lesser extent depending upon the way that the competition laws are drafted. Competition laws, however, only attack prohibited anticompetitive behaviour, and many of the advantages of government bodies are outside their scope. Advantages may be significant and overt or subtle: as simple as no requirement to pay tax or comply with regulations, or easier access to finance because of government backing. In many cases the purposes of laws and regulations can be achieved in a number of ways which do not necessarily favour government businesses or lessen competition. While governments may take differing views on the way that they should be involved in markets, it is likely that unfettered involvement without thorough consideration will impact on market competition. Importantly, where governments have traditionally been entrenched in markets a continuing role may be assumed and the impact on competition may not even be the subject of any consideration. Policies designed to eliminate government advantages of this kind are termed Competitive Neutrality (CN) policies. The approach of an individual jurisdiction to CN policy will be affected by issues including its views on the appropriate level of government involvement in its markets, and the role that industrial policy plays. CN may not be appropriate in all circumstances, particularly where it impedes achievement of important social goals, but there should be recognition that a failure to implement CN has market impact and ultimately has the capacity to affect efficiency gains arising from competition. For this reason, giving preference to government in the market or unwittingly allowing it should be considered by governments and regulators. Claims of public interest should be assessed against predetermined principles to determine that the best outcomes are achieved either generally or as part of some specific CN policy.

Competitive Neutrality Toolkit Promoting a Level Playing Field

Competitive Neutrality Toolkit Promoting a Level Playing Field PDF

Author: OECD

Publisher: OECD Publishing

Published: 2024-06-11

Total Pages: 115

ISBN-13: 9264568379

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The Competitive Neutrality Toolkit provides a set of good practices, based on examples from international experience, to support public officials in identifying and reducing distortions to competition due to state intervention. It supports the implementation of the principles set out in the OECD Recommendation on Competitive Neutrality to promote a level playing field, and covers the Recommendation’s main themes: competition law and enforcement, regulatory environment, public procurement, state support, and public service obligations.

Yearbook on International Investment Law and Policy 2012-2013

Yearbook on International Investment Law and Policy 2012-2013 PDF

Author: Andrea K. Bjorklund

Publisher: Yearbook on International Inve

Published: 2014

Total Pages: 738

ISBN-13: 0199386323

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Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.

Yearbook on International Investment Law & Policy 2012-2013

Yearbook on International Investment Law & Policy 2012-2013 PDF

Author: Andrea Bjorklund

Publisher: Oxford University Press

Published: 2014-07-07

Total Pages: 738

ISBN-13: 0199386331

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Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.

The Regionalisation of Competition Law and Policy within the ASEAN Economic Community

The Regionalisation of Competition Law and Policy within the ASEAN Economic Community PDF

Author: Burton Ong

Publisher: Cambridge University Press

Published: 2018-03-01

Total Pages: 409

ISBN-13: 1108187358

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This edited volume of essays examines a wide range of issues related to the regionalisation of competition policy in South East Asia, where the ten member states of ASEAN have launched the ASEAN Economic Community (AEC). Written by a diverse group of academics, practitioners and policy-makers, this book explore issues such as the role of competition policy in facilitating the market-integration ambitions of the ASEAN member states, the challenges arising from divergences in the national competition law regimes of the ASEAN member states, and the absence of a supranational legal framework and the future of competition policy in light of the AEC Blueprint 2025. Given the nexus between regional competition policy and regional market integration, this book will be of particular interest to lawyers, economists and policymakers working in the fields of competition law and regional trade law.

Competitive Neutrality

Competitive Neutrality PDF

Author: Deborah Healey

Publisher:

Published: 2020

Total Pages: 0

ISBN-13:

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Government has a substantial impact on markets. Laws and regulations designed to promote important public policy goals may, for example, distort markets and affect competition. Government bodies competing with private companies have advantages because of their government links even when competition laws apply, leading to pricing which does not fully reflect the cost of resources. This distorts decisions about production, consumption and investment by government bodies, private competitors and potential competitors. There are a number of ways in which these issues can be addressed and approaches differ between jurisdictions. As far as anti-competitive regulation is concerned there are usually a number of ways to achieve a policy goal. As consumers are generally better off when markets are more competitive, rules and regulations should be assessed for their impact on competition. Choices which minimise anti-competitive outcomes clearly assist efficiency and competitive markets. Competitive neutrality (CN) policy initiatives directly address the market advantage of government businesses. CN policy recognises that government business activities that are in competition with the private sector should not have a competitive advantage merely by virtue of government ownership and control. Market advantages in this context manifest in a number of ways. Distortions by advantaged government business enterprises may be direct and clear-cut or more subtle.