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p. 46 of 62 BACK | NEXT Purpose and Structure of the Toolkit Overview of Practices Controlled by Competition Law Countries with Competition Law Systems Benefits of Competition Policy Practices Controlled by Competition Law Key Concepts and Tools Competition, Privatization, and Regulation Emerging Economies Enforcement Mechanisms Role of the Legislature, the Government and Ministers Independent Competition Authorities Accountable Competition Authorities Design of the Competition Authority Procedures of the Competition Authority Transparent Decision-Making Powers of the Competition Authority Sanctions Leniency Program Competition Law Compliance Programs Administrative Guidance Role of the Courts Miscellaneous Points ADB Resources and Projects Other Resources Glossary and List of Abbreviations

Competition Law Toolkit : Enforcement Mechanisms

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A. Role of the Legislature, the Government, and Ministers

The contents of the competition law itself will of course be the responsibility of the legislature, and there is always the possibility that, as governments change, there may be proposals for amendments to the law. That is part of the normal political process.

Once the law has been adopted, it is desirable that any remaining governmental or ministerial role should be limited to the formulation of policy. Ministers should not be involved in individual decision-making, except (perhaps) in cases of overwhelming public interest. They should not have the ability to influence the decisions of the competition authority, whose independence is vital. In cases where ministers are given any direct involvement, e.g., to prohibit the acquisition of a national firm by a foreign one on grounds of public interest rather than competition grounds, this should be done in a transparent way, and the minister that makes such a decision should be held accountable for what he or she has done. The competition authority should be kept at a distance from ministerial decisions of this kind.

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