Title: EL PROCESO DE MADURACION DE LAS AGENCIAS AL COMPAS DE LA EVOLUCION DEL DERECHO DE LA COMPETENCIA
1EL PROCESO DE MADURACION DE LAS AGENCIAS AL
COMPAS DE LA EVOLUCION DEL DERECHO DE LA
COMPETENCIA
- William E. Kovacic
- U.S. Federal Trade Commission
- Cartegena
- 19 November 2009
2Why Do We Celebrate Anniversaries?
- Ley de Competencia 1959-2009
- Federal Trade Commission Act 1914-2009
- Polish Antimonopoly Act 1990-2010
- UK Competition Commission 1948-2008
3Positive Trend More Emphasis on Institutional
Design Implementation
- Recognition that Institutional Arrangements
Deeply Influence Substantive Policy Results - Fundamental Importance of Capability
- Impossible to ask what an agency should do
without considering how it will do it?
4Overview
- FTC at 50
- Lessons for Evolution and Maturation of a
Competition System - Institutional Features that Facilitate
Improvement Over Time - Caveat Personal Views
5FTC at 50 Failing Agency
- Inadequate Powers
- Weak System for Setting Strategy
- Poor Human Capital Leadership and Staff
- Too Little Political Independence
- Poorly Reasoned Decisions
- Judicial Hostility
- ABA Report 1969 One Last Chance
6What Happened 1969-2009?
- Major Statutory Upgrades
- Improved Human Capital
- Better Strategic Planning
- Stronger Evaluation
- Greater Understanding of Role of Politics
- More Investments in Future Capability
- Theme Continuous Improvement
7Lessons Evolution and Maturation of a
Competition Agency
- Strategy Setting Goals, Priorities, Programs
- Organization
- Operating and Management Processes
- Human Resources
- Relations with Government Institutions
- Relations with Relevant Publics
- Performance Standards and Evaluation
8Strategy
- Clear Definition of Objectives
- Internal deliberations and external consultations
- Conscious Process to Choose Priorities
- Which outlays will yield the best returns?
- Diversified portfolio
- Selecting Programs that Mirror Priorities
- Match commitments to capabilities
- Problem-solving orientation Enforcement,
advocacy, research, education
9Organization
- Aim Support Attainment of Agency Goals
- Does organization correspond to strategy?
- Secretariat
- Legal Services
- Economists
- Operating Units
10Operating and Management Processes
- Quality Control
- Investments in Information Technology
- Budgeting Process Link Outlays to Priorities
- Internal Communication
- Ethics
- Safeguards for Sensitive Information
11Human Resources
- Recruitment
- Links to academic community and alumni
- Professional Development and Training
- Investments in Building Knowledge RD
- Information Management
- Electronic data sets
- Capital budget Investments in technology
12Relations with Other Government Institutions
- Legislature
- Sectoral Regulators
- Significant Other Ministries
- Political Subdivisions
- Means
- Formal (MOUs) and Informal networks
- Routine consultation e.g., working groups
13Relations with External Publics
- Communications Strategy
- New and old media
- Public Consultations
- Special Interest Groups
- Major Decision Who Speaks for the Agency?
14Performance Standards and Evaluation
- Defining Performance Standards
- Evaluating Programs According to Standards
- Measuring program outcomes
- Assessing operational efficiency
15International Resources
- Extensive Accumulated Experience
- Increasing Attention to Implementation
- Important Refinements of Means for Capacity
Building
16Role of International Cooperation in Building
Capacity
- Setting Strategy
- Dealing with Political and Social Environment
- Conceptual Framework
- Practical Knowhow
- Developing Physical Infrastructure
- Proving Access to Knowledge
- Assistance on Projects of Mutual Interest
17Model of Engagement Three Levels
- Agency Leaders and Managers
- Case Handlers
- Non-Government Bodies
18International Cooperation Means
- Large Multilateral Networks E.g., ICN, OECD
- Regional Networks
- Bilateral Agreements
- Non-Government Networks
- Ad Hoc Events E.g., Fordham Workshop
- Secondments e.g., FTC Safeweb Program
19Characteristics that Predict Success
- Mix of Views from Older and Newer Agencies
- Careful Attention to Initial Conditions
- Long-Term Engagement
20 Toward a Custom of Periodic Assessment
- Cumulative Nature of Policy Development
- Advantage of Superior Regulatory Design
- Need for upgrades in statutes, organization?
- Respond to New Learning, Industry Trends
- Maintaining and Disclosing Data Sets on
- Program activities e.g., cases
- Operational effectiveness
21Colombia at 50
- Continuous Improvement
- Regular Upgrades
- Incremental Domestic Growth
- Role in International Leadership
- The Competition Worth Having