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p. 50 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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E. Procedures of the Competition Authority

Once the competition authority is established, there is a need to design appropriate procedures for decision-making. Managing the resources of the authority and arranging them in a way that is likely to lead to the best outcomes is a complex matter. There are many issues that need to be considered:

• Does the authority possess the right combinations of skills (i.e., does it have sufficient lawyers, economists, accountants, case-handlers, or other staff with the required competence to fulfill their tasks?)?
• Is there a house manual of procedure, explaining how cases should be conducted? It is important that best practice should be captured in a way that makes it accessible for future personnel, and to ensure that it is not forgotten as people leave the organization.
• Is there retention of know-how? Personnel attend conferences and seminars, insights are learned from working on particular cases, and information is obtained from other jurisdictions about how particular issues have been dealt with. All of this learning must be retained in a manner that is available to all personnel.
• Does the authority prioritize cases that are particularly important and decide where to use limited resources? Ideally, competition authorities, especially in the early years of the law, should bring cases that the person in the street will understand. This is an important way of developing popular support for competition policy.
• Is there a procedure for handling complaints?
• Is there a mechanism for determining how the competition authority will engage with co-enforcers in the system, e.g., with sectoral regulators?

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