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Competition Law Toolkit : Emerging Economies
F. Importance of Granting Resources to Competition AuthoritiesOnce a country has decided to adopt a system of competition law, it must be effectively implemented. If this is not possible, introducing the legislation could turn out to be counter-productive. It is essential, therefore, to build capacity so that newly-adopted laws can be applied effectively in practice. National competition authorities must be given the resources needed to do the job properly, and governments should not underestimate what this means. Adequate financial, intellectual, IT, and communications resources must be made available. It is also important that the officials of the competition authority are given adequate training in competition law and economics. In many countries, there may be very little or no expertise in this subject area, in which case it will be necessary to look for assistance from overseas (the availability of technical assistance through outreach programs is discussed in Other Resources.) It is also important that the staff of national competition authorities should have access to their intellectual peers in other jurisdictions, with whom experience can be shared and from whom invaluable advice and assistance may be available. The International Competition Network is particularly valuable in this respect. The existence of regional institutions (e.g., Caribbean Community, Common Market for Eastern and Southern Africa, and Association of Southeast Asian Nations) is also important. Ultimately, the success of any system of competition law depends on the human capital of the authority in question. As William Kovacic, Commissioner of the US Fair Trade Commission commented in relation to the development of competition rules in the post-communist countries of central and eastern Europe, the success of the reforms would depend on the "judgment and skills of the people who [would] build and operate the institutions that apply the law."
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