FDRE, TCCPA
INVESTIGATIVE TECHNIQUES AND RESEARCH FOR COMPETITION LAW
ENFORCEMENT
Addis Ababa, 28 – 29 March 2017
UNCTAD Project for Strengthening Competition and Consumer Protection
Enforcement Capacities in Ethiopia.
A project funded by the Grand Duchy of Luxembourg.
COURSE OUTLINE
This short course provides an introduction to research methods and investigative skills for
competition law enforcement. It starts with an overview of the core principles in competition law
and will cover the appropriate tests, evidence and assessment needed to analyse specific
competition matters.
Approach
The course is oriented to the practical application of insights from theory and analysis. The
lectures will cover key theoretical principles in an accessible way and will illustrate how the
theories are applied in practice. Reference will be made to precedent-setting cases in different
jurisdictions so that participants will have a good grasp of the important decisions, as well as why
they may differ across regions.
An important component of the course is the case study exercises, where key principles and
tests are explored through a selection of competition and regulatory cases. The case studies will
be of two kinds: discussion exercises to highlight key debates; and, in-depth case studies, with
longer presentations by groups, on which facilitators will give feedback.
The longer case study exercises will involve work in groups or breakaways. Participants will
apply lessons learnt during the sessions and the hypothetical cases will be debated from the
perspective of different stakeholders in the feedback sessions. The case study exercises are
based on actual cases, mainly from jurisdictions in Southern and East Africa.
The course will cover:
 Key concepts in competition policy and economic regulation
 Market definition and evaluating market power
 Practical guidance on initiating an investigation and obtaining evidence, holding
hearings and matters related to confidentiality and privilege.
1
Course Programme
0845-0900
0900-0915
0915-1000
1000-1030
1030-1115
1115-1230
1400-1515
1515 – 1630
0900 - 1000
1000-10.30
1030 – 1200
1200-1230
1400 – 1500
1500 – 1600
1600 - 1630
Day 1, 28 March 2017
Registration
Opening Remarks & Programme Introduction
Introduction to competition policy and economic regulation
 Why is there a need for competition policy and economic regulation?
 The natural monopoly problem, barriers to entry and market power
 Externalities and market failures
 Assessing the private and social returns from investment
Coffee/Tea break
Market definition, market structure & market power
 How to define markets, why do we need to define markets?
 Tests used (demand substitution, supply substitution, potential competition etc.)
 Difficulties in market definition
 Evaluation of market power
Breakaway exercise 1: Market Definition
Lunch break
Coordinated conduct
 Introduction to coordination
 Factors that facilitate collusion
 Detecting collusion
 Penalising and prosecuting cartels
 Tacit collusion
 Lessons from key cases across southern Africa
Breakaway exercise 2: Detecting Collusion
Potentially including an interrogation of a witness + Coffee/Tea Break at: 1600 hrs
Day 2, 29 March 2017
Receiving and Screening complaints
 Receiving and recording complaints (registry)
 Drawing up an investigation plan
 Screening principles
 Preparing a screening memorandum
Coffee Break
Obtaining information
 Drafting and issuing information requests
 Summons and subpoenas
 Interviews, public hearings and interrogations
 Confidentiality and privilege
Breakaway exercise 3: Hypothetical case to draw up initiation statement and
information request/summons
Lunch break
Breakaway exercise 3: Hypothetical case to draw up initiation statement and
information request/summons (continued)
Approaching the exercise of invasive powers

Obtaining warrants for search & seizure

Assessing relevance of information
Coffee Break
Wrap-up
2
Programme lecturers and facilitators
Genna is an economist with Acacia Economics, specialising in competition and
regulatory economics. Genna has worked extensively in economic analysis for
competition and regulatory matters across a range of sectors. She spent four
years as an economist at the Competition Commission of South Africa and has
also consulted widely to regulators, government and private companies in South
Africa and the region. Genna is also a Senior Research Fellow at the Centre for
Competition, Regulation and Economic Development at the University of
Johannesburg and has presented and published a number of papers on topics
related to competition and regulatory economics. She has also been involved in
coordinating and facilitating training on competition economics for practitioners
and in teaching a competition economics course for Masters students. Genna
holds a BA in Economics and Management from Oxford University and an MSc
in Economics (with distinction) from the University of Warwick.
Tamara Paremoer is a Senior Economist at the Centre for Competition,
Regulation, and Economic Development at the University of Johannesburg. Prior
to that, she worked as Principal Economist and Inquiry Director of the
Competition Commission of South Africa’s Market Inquiry into the Private
Healthcare Sector. She also worked as investigator in the Enforcement &
Exemptions Division of the Competition Commission of SA where she
investigated collusion and abuse of dominance cases in various agro-processing
sectors including dairy, poultry, and bread; retail supermarkets, healthcare, and
grain storage and trading. Tamara holds a Master of Commerce (Economics)
from the University of the Witwatersrand. She has also worked for several
leading consultancies, including McKinsey & Company and Ernst & Young.
3