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In the pursuit of fostering market efficiency and ensuring the well-being of consumers, competition policies play a pivotal role in both developed and developing economies. The Arab region, historically marked by significant State involvement and concentrated market structures, has increasingly recognized the importance of competition laws, and transitioned toward more market-oriented economies. By introducing and strengthening competition laws and policies, Arab countries aim to stimulate innovation, attract investment, reduce prices, and enhance product and service quality, thereby fostering economic development.
In recent years, the Arab region has witnessed significant advancements in competition laws, although variations exist among Arab countries. The latest scores of the Arab Business Legislative Framework (ABLF) 2024 , which provides a holistic assessment of regulations related to competition and other business areas, has shown a transition in the regional competition score from "Moderate" to "Developed" when compared to the previous ABLF report published in 2021.
The implementation of new competition laws or amendments in several Arab countries has undoubtedly brought positive changes to the region. However, insights from the ABLF reveal the ongoing necessity to address pressing concerns, with a particular emphasis on exemptions that hinder the effectiveness of competition legislation. Persistent challenges, especially in areas like transparency and the precise definition of competition concepts, shed light on additional areas that warrant continued improvement. To address these challenges, Arab countries can enhance the effectiveness of their competition frameworks by strengthening institutional capacities, fostering enforcement mechanisms and aligning their practices with international standards.
In pursuit of these objectives, the Economic and Social Commission for Western Asia (ESCWA) will continue to convene its Annual Arab Competition Forum which started in 2020, in partnership with the United Nations Conference on Trade and Development (UNCTAD) and the Organization for Economic Co-operation and Development (OECD), which aims at establishing a continual knowledge-sharing platform on competition policy and enforcement for Arab stakeholders. This year, the forum will focus on the theme of Advocacy, highlighting the importance of actively promoting and supporting effective competition policies. This focus is crucial, given the pivotal role of advocacy in fostering a competitive environment and raising awareness to enhance fair competition.
The Fifth Arab Competition Forum is organized by ESCWA, in collaboration with UNCTAD, OECD, COMESA and the Tunisian Competition Council (TCC). The two-day event will provide a common channel for advancing knowledge and best practices in competition, and facilitating coordination and collaboration at the national, regional and international levels. Competition authorities in member States will benefit from peer learning based on international case studies and best practices provided by their counterparts from different countries.
The objectives of the Fifth Arab Competition Forum include the following:
Cluster Leader, Governance and Conflict Prevention, Economic and Social Commission for Western Asia (ESCWA)
Competition advocacy entails actively promoting and nurturing a competitive market atmosphere by strategically influencing policies, regulations, and public attitudes. Essentially, it involves efforts to foster a competitive environment through non-enforcement approaches, such as cultivating relationships with governmental bodies, enhancing public understanding of the advantages of competition, and identifying and eliminating policies and regulations that hinder competition.
The Fifth Arab Competition Forum invites university students specializing in economics, business, and law to participate in a challenge by submitting a research paper featuring a case study before the deadline in May 2024. The paper, crafted in the Arabic language, should highlight case studies on competition advocacy within or beyond the Arab region, showcasing successful instances from competition agencies, governmental bodies, or civil society that illustrate tangible outcomes of competition advocacy. This initiative offers universities an opportunity to conduct research in this field, emphasizing the need for increased focus in the Arab region. The Student Competition Challenge within the Arab Competition Forum provides a distinctive platform for college students to actively participate and enrich their understanding of competition advocacy.
The scope of competition advocacy encompasses a wide range of topics related to competition, emphasizing its pivotal role in fostering competitive dynamics. These case studies may examine the incorporation of competition principles into public or industrial policies, the implementation of advocacy strategies during the process of policy formulation, and the enhancement of market institutions to achieve better market outcomes. These strategies may focus on empowering competition authorities, regulators, and other market institutions to promote competition and integrate it with other policies, such as in areas like the digital economy and public procurement, among other topics.
Successful students will be granted the opportunity to attend the Forum, participate in a special event on the first day, including an awards ceremony.
It is worth noting that this is the third edition of the Challenge after the first edition and second editions which were held in the Third and Fourth Arab Competition Forums.
Challenge objectives:
Date and time (Tunis Time – UTC+1)
Wednesday, 22 May, 10:30am-12:30pm
Session coordinator: Tunisian Competition Council
Format: Open session / Hybrid
Synopsis: Competition advocacy is a complimentary approach to competition enforcement, serving as the primary avenue for cultivating a culture of healthy competition. Within the realm of advocacy, competition agencies can engage in diverse activities, including conducting studies, fostering communication with government agencies, organizing awareness-raising initiatives, educating stakeholders about the agency's significance and mission, explaining competition laws and other outreach activities.
This session will delve into the initiatives and advocacy efforts aimed at fostering a robust culture of competition in the Arab world. Discussions will include exploring the strategies and challenges towards advancing the promotion of competition in the region, with particular attention to addressing the challenges faced by young and small competition authorities. The panellists will bring international, regional, and national perspectives and examples to the discussion.
Mohamad Monser, Second Vice President, Tunisian Competition Council
Mohamad Cheikhrouho, General Rapporteur, Tunisian Competition Council
Marianne McManus, Senior Counsel, Commercial Law Development Program (CLDP), U.S. Department of Commerce, Office of the General Counsel
Nathalie Khaled, Coordinator of competition and consumer protection and national planning and development projects, Economic Affairs Officer, ESCWA
Juan Luis Crucelegui , Chief, Capacity Building and Advisory Services, Competition and Consumer Policies Branch, UN Trade and Development
Said Kechida, Competition Expert, OECD
Date and time (Tunis Time – UTC+1)
Wednesday, 22 May, 1:30 pm - 3:30pm
Session coordinator: ESCWA
Format: Open session / Hybrid
Synopsis: The coordination and collaboration among Arab Competition authorities encourages a framework that promotes fair business practices, prevents anti-competitive behaviour, and fosters economic efficiency, particularly considering cross-border transactions operated by companies. Insights for the discussion will stem from the latest ESCWA publication, “The Arab Business Legislative Frameworks”, which devotes a full chapter for assessing competition legislation in the region, along with country profiles for each Arab country. Experts will likely address issues such as cross-border competition concerns, the impact on regional economic integration and the role of harmonized legislation in adopting common competition principles, creating a level playing field for businesses across the region, and facilitating the cooperation between competition authorities. The session will touch upon the collaborative efforts needed among Arab countries to address these concerns.
Tarik Alami, Cluster Leader, Governance and Conflict Prevention, ESCWA
Frederic Jenny , Chairman, OECD Competition Committee
Willard Mwemba , Director and Chief Executive Officer, COMESA Competition Commission
Nathalie Khaled, Coordinator of competition and consumer protection and national planning and development projects, Economic Affairs Officer, ESCWA
Teresa Moreira , Head, Competition and Consumer Policies Branch, Division on International Trade and Commodities, UN Trade and Development
Haya Al Anbar, Partnerships and International Relations Unit Head, General Authority of Competition, Saudi Arabia
Houssam Eddine Touiti, Director General of Competition and Economic Research, Ministry of Trade and Export Development, Tunisia
Date and time (Tunis Time – UTC+1)
Thursday, 23 May, 9:00 am – 11:00 pm
Session coordinator: UN Trade and Development
Format: Open session / Hybrid
The economic and political landscape in which competition law is enforced and applied has undergone significant transformations over the past decade. The forces of globalization and a revitalized emphasis on industrial policy have spurred demands for a more adaptable and responsive approach to competition policy, particularly for many Arab countries who are undergoing structural economic reforms. The session will address the challenges that competition authorities, particularly recently established ones, face in the interplay between competition and industrial policies and the possible solutions to these challenges. It will also discuss how can the interaction frameworks and mechanisms between competition authorities and industrial policymakers be improved, in addition to the role that competition authorities can play for Governments to better deal with recent economic changes. The session will extend to include the crucial aspect of competitive neutrality, examining its role in fostering fair competition within evolving economic landscapes.
Akari Yamamoto-Bonenfant, Legal Officer, UN Trade and Development
Walid Gani, Rapporteur, Director General, Tunisian Competition Council
Mohammad Abou Haider, Director General, Ministry of Economy and Trade, Lebanon
Natalie Harsdorf, Director General, Austria Competition Authority
Dina Waked, Professor, Sciences Po Law School
Francois Souty, Executive President, Cabinet LRACG Conseil
Date and time (Tunis Time – UTC+1)
Thursday, 23 May, 11:30 am – 1:30 pm
Session coordinator: OECD
Format: Open session / Hybrid
Synopsis: Significant market distortions may arise when some enterprises benefit from undue competitive advantages conferred by state actions, for example on the basis of their ownership, nationality or their activity in the market. These distortions can prevent competition from reaching its potential for economic growth, productivity and innovation. They may discourage investment, create regulatory uncertainty, and encourage other jurisdictions to adopt similar distortions that undermine a global level playing field. Competition authorities have a role to play in promoting the application of competitive neutrality principles, including addressing distortions through their enforcement tools, and advocating for neutrality in state actions ranging from subsidies to procurement.
This session will introduce the concept of competitive neutrality and explore how authorities in the region and beyond have promoted competitive neutrality to help governments develop resilience in key markets.
Antonio Capobianco, Deputy Head of the Competition Division, OECD
Mariem Mezghenni-Malouche, Senior Economist, World Bank
Mahmoud Momtaz, Chairman, Egyptian Competition Authority
Muhammad Amin Gabsi, Judicial Judge, Tunisia
Torben Toft, Senior Expert, European Commission
William Friedman, Trial Attorney, Civil Conduct Task Force, Antitrust Division - U.S. Department of Justice
Vittoria Tesei, Senior Competition Expert, Italian Competition Authority
Date and time (Tunis – UTC+1)
Wednesday, 22 May, 9:45 - 10:15 am
Session coordinator: TBD
Format: Open session /Broadcasted live
Synopsis:Participating universities in Tunisia have been invited to prepare an original case study on a subject related to competition advocacy. During this special ceremonial session, awards will be granted to the winners of the competition challenge.
Date and time (Tunis Time – UTC+1)
Thursday, 23 May, 2:30 pm - 3:00 pm
Session coordinator: ESCWA and partners
Format: Open session / Hybrid
During this session, participants will point out the lessons learned, and main intervention areas needed to advance competition in the Arab region. The session strives to bring about an agreement on concrete recommendations for enhancing advocacy practices and promoting competition policies and enforcement in member States.