1 competition scenario in the gambia promoting a healthy competition culture in sub-saharan africa...
TRANSCRIPT
1
COMPETITION SCENARIO IN THE GAMBIA
Promoting a Healthy Competition Culture in Sub-Saharan AfricaGaborone, Botswana14-15 February 2008
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 4494338 Fax: (220) 4494219
2
Facts about The Gambia:
Small country (about 1.5 million) Small market sizeSmall private sectorDependent on tourism, re-export trade and agricultureA tax-based economy (around 85% of GLF)58% of the population are considered poor The Country is still largely a groundnut garden; Industry still struggling to emerge; a vibrant, expanding service sector
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
3
BACKGROUND:The Gambian government publicly espouses a liberal, free-market economy and recognizes the potential of the private sector as the engine for growthThe Gambia has various laws governing trade and customs regulation: The Gambia Free Zone act (2001); The Gambia Investment Promotion act (2001);The launching of the Gambia Gateway Project funded by the World Bank (2002)The government set up The Gambia Investment Promotion and Free Zones Agency (GIPFZA), whose primary task is to establish and manage Free Economic Zones (FEZs) Other laws affecting business and investment are the Companies Act of 1955 and the Business Registration Act of 2005. The judicial system upholds the sanctity of contracts
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
4
Measures already taken:
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
Reducing the extent of state ownership of public enterprisesElimination of price controls The adoption of a divestiture policyThe establishment of a Divestiture AgencyThe creation of a system of licensing the public utilities (with
the expectation of greater private sector involvement)Trade liberalization programmesAnd recently, enacted a Competition Act
5
Regulatory Mechanisms: The Central Bank of The GambiaThe Gambia Divestiture Agency (2001) – set up to carry out the government's divestiture program in several sectors such as energy, communication, transportation, agriculture, pension funds, and housing finance The Public Utilities Regulatory Authority (2004) set up to regulate the activities of providers of certain public utilities such as electricity, water and sewage services, petroleum and gas, telecommunications, broadcasting, and postal services
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
6
Premise of the Competition Act (2007):
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
To promote competition in the supply of goods and services by among other things: Prohibiting collusive agreements and bid rigging; Providing for investigation and control of other types of restrictive agreements.
To promote and protect the free functioning of the markets that are open to competition, including the markets previously subjected to restraints imposed by government.
To give confidence to those wishing to invest in the GambiaTo demonstrates the government’s commitment to a free-market
economyTo guard against the risk that enterprises with dominant market
power will choose to erect private barriers to competition and exploit customers
7
Monopolistic Sectors:
• Electricity
• Water
• Television
• Defense
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
8
Promoting a Healthy Competition Culture:
• The telecommunication sector: the emergence of Africel and later Comium brought to an end the monopoly enjoyed by Gamtel, the national operator (lack of democracy in access, misuse of market power, predatory pricing, etc)
• Benefits to consumers: slashing of product cost, elimination of validity, better services, lower rates etc.
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
9
Anti-Competition Issues in The Gambian Economy
1. Direct Government policies
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
10
Direct Government PoliciesLack of clear policies to curb the desire by private sector operators to maximize profit at the expense of the state and other competitors. Certain policy issues such as the granting of tax holidays and development certificates to institutions within the economy could lead to anti-competition (eg. TAF construction given a development certificate by The Gambia government) The refusal by DOSCIT to grant licenses to interested parties to have their own TV stations is anti-competitive.
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
11
Direct Government Policies:
The non- existence of a Telecoms bill in the industry has given rise to anti-competition tendencies in the Gambian economy. The divesture program of Government of key institutions without going through an international bidding process opens up the possibility of “arrange buying” with a view to dominating the market. The existence of government monopolies which are poorly run are anti-competitive in their nature.
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
12
Anti-Competition Issues in The Gambian Economy
2. Interplay of Operators Within The Gambian Economy
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
13
Interplay of Operators Within The Gambian Economy
Instances of market failures in The Gambia include: Small private sector – Easy for a handful of operators to control a certain sector of the economy Collusive horizontal agreements (those involving collusion between businesses operating in the same market and hence normally competitors) to exclude new entrance into the sectorExamples: Vertical agreements between importers and distributors - The consumers goods sector like Rice, Cooking Oil and Sugar The rigging of Bids is common practice in both State and non-state actor spheres.Private schools urging students to buy uniforms and other products from them at a price that may be above that of the market is anti-competitive.
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
14
Cont’d:
• The rice and cement market are extremely concentrated in the hands of a few, making it practically impossible for a new entrants to penetrate these markets (tacit understanding among importers to collude).
• Tied-selling: A wholesaler interested in Sugar has to buy sugar and rice from the importer.
• The same system is replicated between the wholesalers and the retailers at the local level
• Some wholesalers are also active in the retail market of the products they sell, thus elbowing out the retailers they supply. They end up monopolising the business for their product
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
15
Challenges:A competition act, but no competition policy; the competition commission still a distant reality!Lack of expertise and resources to engender a viable competition culture. Capacity building and human resource development is necessary to ensure that regulatory agencies can fulfill their mandate effectively and are shielded from undue pressure and interference from political circles and decision-makers.Need for regional approach and the development of regional standards.
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
16
The Way Forward:• The setting up of the Competition Commission• Building capacity of National Stakeholders (With
Technical Assistance from CUTS International)• Strengthening of regulatory institutions: The
Divestiture agency, The Central Bank and the Public Utilities Regulatory Authority (PURA)
• The promotion of a strong political will to foster a healthy Competition Culture
• The development of a Competition and Consumer Policy for The Gambia
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219
17
THANK YOU FOR YOUR
ATTENTION ! !
Garba Jahumpa Road, Bakau, K.S.M.D. The Gambia. * Tel: (220) 494338 Fax: (220) 494219