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The effectiveness of
competition law depends on the extent to which the law has actually evolved
in a country in tandem with socio-economic and historical developments
in that country. It is necessary that there be some amount of acceptability
and ownership of the law among the stakeholders, which is possible only
if their expectations and concerns are taken into consideration while
drafting, implementing and revising the law, and if their capacity is
built up to the point where they can effectively participate in the enforcement
process. This is essentially the inspiration to the bottom-up approach
of the CUTS’s 7Up Model.
“Some NGOs, especially consumer groups,
can be strong allies for competition policy and law because they know
how it can benefit consumers. Donors could find it effective to fund relevant
work by reform-minded NGOs, especially those based in developing countries.
DFID has funded research and advocacy programmes (such as the CUTS 7Up
projects) that include participation by local consumer groups” (Implementing
Competition Policy in Developing Countries, OECD Development Assistance
Committee Hot Topic Paper, 2006)
The model involves partnering
with local research and advocacy institutions in project countries, engaging
a wide range of local stakeholders including the business, the polity,
consumer groups and other NGOs, media, academia, lawyers, etc. in National
Reference Groups, carrying out perception surveys, and undertaking several
research, advocacy and capacity building activities.
In addition
to the critical role of coordinating and maintaining the sustainability
of the project, CUTS provides required expertise to the target beneficiaries.
Flexibility is strongly retained to ensure that the demands and most urgent
needs of the beneficiaries be met, while complementarity and synergy with
other initiatives are kept in mind. |