Expert Group Finalises Revisions to the Commonwealth Model Law on Competition
4 August 2005
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| Commonwealth experts during the week-long meeting at the Commonwealth Secretariat in London. |
The delegates were from Jamaica and Belize, representing the Caribbean; Fiji Islands and Papua New Guinea, representing the Pacific region; Malaysia, Maldives and Singapore, representing Asia; and Kenya, Mauritius and Seychelles, representing the Africa region. The London meeting was the culmination of a series of Expert Group meetings throughout the Commonwealth in the past two years to discuss amendments to the model bill.
Commonwealth law ministers at their meeting in 2002 expressed concern about the economic vulnerability of small states and their ability to compete in the global market. They instructed the Secretariat's Legal and Constitutional Affairs Division (LCAD) to undertake a revision of the model bill to take into account the needs of small states.
Cheryl Thompson-Barrow, Adviser and Head of the Law Development Section at LCAD, said this revised bill will enable smaller countries, which do not have the technical expertise, to have a model bill that will help to boost their competitive edge through appropriate legislation.
"In light of globalisation and the demands of trading, this bill will ensure fair competition in business, while preventing the abuse of dominance and anti-competitive practices that may hinder a fair and equitable means of operating a business," stated Ms Thompson-Barrow.
Ng Cher Keng, Director of Policy/Mergers and Acquisitions in the Competition Commission of Singapore, said that Commonwealth countries will be able to use the revised bill as a reference when drafting their own Competition Law, depending on the specific needs of each individual country.
"Countries that already have a Competition Law can share their experiences with other countries in setting up their own models. This meeting was a good avenue for us to share information, and we are establishing communication among ourselves so we can help each other," Ms Ng told the Commonwealth News and Information Service.
"Coming from different backgrounds and regions, our involvement in drafting the provisions to the Model Law will make it more flexible as we try to include everyone's perspective at the meeting."
Douveri Henao, Legal Officer in Papua New Guinea's Department of Justice, stated: "We are getting a good feel on what the different regions have in place, and sharing our diversity and experiences in formulating this bill."
Cheryl Lewis, Director of Jamaica's General Legal Advice Division in the Attorney-General's Office, said that while several Caribbean islands do not have a generic bill dealing with competition issues, her participation at the competition law meeting will enable her to acquire the necessary knowledge to assist Caribbean countries in formulating a bill to suit their own circumstances.
The amendments will be submitted for consideration at the 2005 Commonwealth Law Ministers Meeting in Accra, Ghana, on 18-21 October.
CNIS - Commonwealth News and Information Service Issue 246, 3 August 2005
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