OFFICIAL USE “Promoting Advocacy Of Competition And Strengthening The

official use “promoting advocacy of competition and strengthening the institutional capacities of the albanian competition authority”

OFFICIAL USE
“Promoting Advocacy of Competition and Strengthening the Institutional
Capacities of the Albanian Competition Authority”
1.
Background
Competitive markets lie at the heart of European Bank of
Reconstruction and Development’s (“EBRD” or the “Bank”) mandate to
foster transition to open market oriented economies. An increase in
competition leads to a more efficient resource allocation, higher
levels of innovation, increased productivity, and ultimately to higher
growth. Furthermore, competition positively affects poverty reduction
and the redistribution of income and resources within the economy.
In EBRD countries of operations, existing levels of product market
competition are still significantly below OECD averages, as shown for
example in data related to entry rates or manufacturing mark-ups.
Also, a recent analysis conducted by the EBRD’s Office of the Chief
Economist shows that the development of good capacity and procedures
for competition regulation lags behind other reform areas consistently
for all EBRD’s countries of operations.
Competition Policy in Albania
The Albanian Competition Authority (hereinafter ACA), as an
operationally independent authority, has entered its second decade of
operations. Law no. 9121, dated 28 July 2003, as amended “On
Competition Protection”, (hereinafter law no.9121/2003 ) besides
creating the legal base to guarantee free and effective competition in
the market, sanctioned the creation of the respective state
institution, the Albanian Competition Authority, which started its
activity in March of 2004.
With a well-defined legal mandate as an operationally independent
public institution, the Competition Authority works by the principle
of balancing its power between two structures: executive and
decision-making. The executive structure includes the Secretariat of
the Authority whose staff detains the civil servant’s status. The
decision-making structure is represented by the Competition Commission
(hereinafter CC), composed of 5 members elected by the Albanian
Parliament, one of whom is also elected as the chairperson of the
Commission.
The provisions of the Law “On Competition Protection” clearly state
that the main objective of the Competition Authority is to protect
free and effective competition in the market in the territory of the
Republic of Albania. The jurisdiction of the Competition Authority
extends to all sectors of the economy, be it private or state
enterprises.
Major legal changes were introduced in 2010, which allowed the
Competition Authority to expand its activity on public or private
undertakings that were granted exclusive or specific rights by the
state to exercise a particular economic activity, were entrusted with
carrying out activities of general economic interest or had
monopoly-like characteristics.
The Authority's decision-making since its establishment has covered
more or less all sectors of the Albanian economy, focusing in
particular on the most sensitive sectors of the economy, such as oil,
gas, telecommunications, insurance, agricultural market, banking
system, as well as public procurement.
An important part of the work of the Competition Authority has been
the advisory function through ongoing recommendations to state
institutions and other public regulatory bodies, transforming it into
a source of ideas to assist other decision-making bodies and
institutions in identifying and drafting structural reforms.
The Competition Authority has played an active role in the European
integration process. Legislation and in particular the sub-legal
framework is broadly in line with the EU acquis. The Competition
Authority is the leader and coordinator of Chapter 8 of the
Stabilization and Association Agreement – “Competition Policy”,
including state aid and exclusive rights. The contribution has been
focused on: (1) Approximation of Primary and Secondary Legislation;
(2) Increase the operational independence of the Competition
Authority; (3) Increase and strengthen administrative capacity for law
enforcement; (4) Advocacy, through recommendations and promoting the
competition culture.
The legislative framework is broadly in line with the acquis, and the
provisions of the SSA. The Competition Law is largely aligned with
Article 101 on restrictive agreements and Article 102 on abuses of
dominant position of the TFEU. It also provides for ex-ante control of
mergers, in line with the EU Merger Regulation.
Regarding the law enforcement capacity, ACA has 39 staff members,
including five commissioners, this structure was considered
appropriate from the EU Commission. The level of expertise has been
strengthened through the participation of the staff members in
seminars and workshops. However, significant scope still exists to
enhance the enforcement capabilities of the ACA, as highlighted in
recent EU’s accession reports. Against this background, ACA requested
technical assistance to the EBRD, which is the object of this project.
Rationale for EBRD involvement
An important pillar of the EBRD Country Strategy for Albania covering
the period 2016-2019, and approved by the Board of Directors in
January 2016, is the support to the private sector competitiveness by
enhancing value creation, facilitating SME access to finance and
fostering an enabling business environment.
The EBRD and the Government of Albania signed a Memorandum of
Understanding (MoU) in support of the Investment Climate and
Governance Initiative (ICGI) for Albania in February 2014. The ICGI
MoU committed the EBRD to support the implementation of a number of
projects in the area of investment climate and governance reform, in
close collaboration with the Government of Albania and other key
stakeholders.
Capitalising on the ICGI work so far and as part of the policy
dialogue the Albanian Authorities, the Albanian Competition Authority
(“ACA” or the “Client”) has requested EBRD to provide technical
assistance to strengthen its institutional capacity as a regulator
(the ‘Project’).
2.
Priority areas
Following policy dialogue with the ACA, and after discussion with
relevant stakeholders, the main priority areas of assistance have been
identified. The ACA needs to:
1.
strengthen its advocacy role through the drafting and promotion of
a long term (5 years) communication and advocacy strategy aimed at
raising awareness of competition law issues within the business
community, public regulatory bodies, the government and the
Albanian consumer itself;
2.
strengthen the skills and competencies of its officials and case
handlers through:
a.
upgrading skills in econometric analysis through the provision of
econometric software and related training of its officials;
b.
training on competition law enforcement referring to the cases of
the European Court of Justice (ECJ). The ECJ jurisprudence will
serve as a benchmark in the decision-making process of ACA, with a
focus on implementing the provisions of the Albanian competition
law in line with TFEU Articles 101 and 102.
c.
staff training on various issues related to merger analysis, based
on the test - significant impediment to effective competition
(SIEC) - in different markets, and especially those considered as
“sensitive markets” by ACA given their impact on consumer welfare.
Training will be based on best practices adopted in different
countries, and in particular EU countries.
d.
study visits for staff members of the Authority in the EU
countries, to get acquainted about enforcement practices, from
investigative procedures to decision making, and to establish a
platform for future experience exchange and collaboration.
The Bank proposes to engage a consulting company (the ‘Consultant’) to
assist with the implementation of the identified priority areas of
assistance (the ‘Assignment’).
3.
Objectives and Activities
The main objective of the Assignment is to provide technical
assistance to the ACA with a programme focused on supporting its
institutional development through these main activities:
Activity 1: Drafting and promoting the 5-year strategy for
“Competition Advocacy and Communication”.
Activity 2: Purchase of the econometric software STATA license and
provision of training on the application of the software to
competition analysis.
Activity 3: Training on the application of Articles 101 and 102 of the
TFEU with an assessment of relevant ECJ jurisprudence.
Activity 4: Training on merger analysis based on significant
impediment to effective competition test (SIEC).
Activity 5: Study visits for the members of the Competition Commission
and the staff members of ACA.
4.
Scope of Work
The selected Consultant will provide the services entailing the
activities set out below:
Activity 1
Drafting and promoting the 5-year strategy for “Competition Advocacy
and Communication”
Introduction
Competition Advocacy is seen as an “essential tool” for enhancing the
culture of society on competition issues. The Albanian Competition
Authority has paid particular attention to competition advocacy,
considering it as one of the main pillars of Law no. 9121/2003 “On
Competition Protection”, as amended. Two provisions of the law
respectively focus on the role of advocacy. Article 69 provides
explicitly the duty of central and local administration bodies to
require the Authority’s assessment for any draft normative act which,
in particular, includes: (a) quantitative restrictions concerning
trading and market access; (b) establishment of exclusive rights or
special rights in certain zones, for certain undertakings or products;
(c) imposing uniform practices in prices and selling conditions.
Article 70 of the law no.9121/2003 establishes the obligation that,
when carrying out the assigned tasks related to the regulation of
economic activity within the Republic of Albania, central and local
administration bodies, and regulatory entities shall apply the
provisions of this law “On Protection of Competition” and ensure fair
and effective competition.
In order to strengthen its advocacy mandate, ACA is seeking support
for the draft of a new 5-year “Competition Advocacy and Communication
Strategy” and for its promotion through a series of three workshops.
The strategy will be a comprehensive document highlighting the
objectives and instruments to be used by ACA in its advocacy mandate,
and it will include the following components:
1.
Description of how to build as well as deliver advocacy and
communication programmes
The strategy will highlight how, through case-studies for businesses,
consumer groups and government bodies, ACA can achieve a clear
understanding by different groups of the benefits of competition, the
provisions of the law and the role of the Competition Authority to act
as the adviser to the Government in policy review and/or formulation.
2.
Establishment of contact points within government bodies
The strategy will identify individuals and offices within central and
local government, regulatory agencies, which can serve as a first
point of contact for policy makers seeking advice on competition
matters.
3.
Description of how to engage with academia and institutes of
higher education
The strategy will identify ways to create avenues and deliver
programmes for the education of students in Competition Law and
practice, with the aim of strengthening the understanding within the
wider society of competition and its benefits. Another aim is to
ensure a continual supply of professionals who are educated and for
law students in particular, to be trained in competition law.
4.
Description of how to engage with consumer authority
In Albanian jurisdiction the competition and consumer protection
functions are not combined in a single organisation. The competition
authority should seek to develop links with the consumer protection
agency, as there are considerable synergies between the tasks of
protecting competition and protecting consumers. Co-operation can
allow these agencies to communicate more effectively the benefits of
competition to the public. The strategy will identify concrete ways to
ensure successful collaboration between ACA and the consumer
protection agency.
5.
Training of national judges
National courts play a key role in the enforcement of competition law.
The aim is contributing to the improvement of knowledge, application
and interpretation of competition law so as to ensure its coherent and
consistent application. ACA is expected to engage closely with the
Magistrate School to offer specific training activities focused on
various aspects including: economic principles of competition law;
specific terminology used in the application of competition law, etc.
The strategy will identify a concrete strategy for ACA to provide
training to judges on competition law matters.
6.
Advocacy and Communication Instruments
The strategy will identify, for each identified area of activity, the
most appropriate advocacy and communication tools that are better
suited to communicate with stakeholders. Messages and instruments
should be clearly defined based on the circumstances of the particular
jurisdiction. It may be appropriate to communicate with the public
through the media and website, whereas it is more effective to
communicate with Government through one-on-one meetings. ACA would
employ advocacy and communication instruments that best suit internal
and external stakeholders, as well as the sector at stake, where
possible.
The priority sectors
The advocacy strategy will be a general document guiding ACA’s
activities across multiple sectors. However, certain economic sectors
have been identified as priority by ACA and it is expected that such
sectors will receive specific attention in the development of the
strategy. The identified priority sectors from ACA are1:
telecommunication sector; transport sector; health sector; banking and
microcredit sector; insurance market; water and energy.
Key stakeholders
Key stakeholders that will be considered in the development of the
advocacy strategy will be: (1) general public; (2) central and local
government; (3) legislature and judiciary; (4) enterprise and
associations of enterprises; (5) professionals and associations of
professionals; (6) consumer associations and civil society
organisations; (7) universities and think tanks; (8) regulatory
bodies.
Promoting the Strategy – Workshops
To help promoting the agreed Competition Advocacy Strategy, the
Consultant will organise 3 workshops. In particular:
*
1 (one) one-day workshop with the staff of the Authority and the
members of the Competition Commission (the Board of ACA);
*
1 (one) one-day workshop with the business community;
*
1 (one) one-day workshop with the community of judges;
It is expected that for each international workshop two international
speakers will be invited, and the cost of the travel and accommodation
will also be covered by the Consultant through the budget allocated to
the project. Tasks and accountabilities of different parties are
detailed below.
Accountability of the parties - Consultant and ACA
The Consultant will be responsible for:
*
Drafting the Competition Advocacy Strategy, based on the requests
of ACA according to the terms of reference in both English and
Albanian languages
*
Publication of the Strategy electronically and hard copy,
according to a format and design previously agreed with ACA (full
colours, format A5, hard cover) in 500 copies each in Albanian and
English language
*
Presentation of the Strategy by two international speakers in
three workshops, in coordination and full accordance with ACA and
EBRD
*
Provide simultaneous translation from Albanian to English and vice
versa during the workshops, including technical equipment needed
for the translation
*
Taking over and covering the costs for international speakers -
the cost of international travel; accommodation (maximum two
nights), visas, local transport; and per diem
*
Taking over all the organisation and logistics costs of the
workshops, except for the costs related to the renting of the
premises where the workshops will be held
ACA responsibilities:
*
ACA will appoint a contact person in charge of the activity and
will facilitate the collection of relevant information for the
benefit of the Consultant;
*
In relation to the workshops ACA will:
*
determine a list of participants who will participate and will
provide the site (covering the cost of it) send invitation to
workshop participants
*
in cooperation with the Consultant, prepare the workshop agenda
and review the material prepared by the speakers
*
make presentations on various topics, relevant to the agenda of
each workshop
*
identify and cover the costs related to the renting of the
premises where the workshops will be held
Deliverables:
*
The Consultant will deliver the “Competition Advocacy and
Communication” strategy in English and Albanian languages as
specified in the present TORs. The Strategy will be approved by
ACA and EBRD
*
The Consultant, with the approval of ACA and EBRD, will organize 3
workshops, which will focus on promoting the Strategy of
“Competition Advocacy and Communication” with groups of interest.
Workshops will last one day with participation of 20-25
participants each
Activity 2
Purchase of the econometric software STATA license and provide
training on the application of the software.
Introduction
Albanian Competition Authority Staff is composed of 12 economists,
senior experts and junior experts. In-depth training on econometric
analysis is required to deepen empirical and statistical analysis
conducted during investigations and in the context of market studies.
Purchasing the econometric software STATA license and providing
relevant training will enable ACA to carry out econometric research
during its activities.
The goals of activity will be the following: (i) purchase of STATA
software licenses for 6 (six) users – ACA staff; (ii) implementation
of STATA training program for ACA staff.
Activities Priorities:
The training will concentrate on the following: econometric analysis
in the case of concentrations, statistical tests for market
definition, analysis for dominant position cases, tests (as efficient
competitor, margin squeeze, diversion ratios, UPPI, GUPPI, demand
elasticity estimation, merger simulation, multiple regression
analysis).
Accountability of the parties - Consultant and ACA
Consultant responsibilities:
*
Before beginning of the training, the Consultant will prepare a
training agenda covering econometrics and STATA software by
submitting it for approval to the ACA and EBRD
*
After the legal purchase of STATA software, the Consultant will
provide training for up to 6 ACA employees with knowledge in
economics, on installation and use of software
*
The Consultant will provide full day, on the job workshop training
series with a total amount of 60 training hours. 20 hours will be
dedicated to the overall theoretical training on STATA, and 40
hours to empirical research using the data as provided by ACA
*
The Consultant will prepare a report describing the main results
achieved by the training. The methodology for assessing the
results will be discussed and agreed with EBRD and ACA
*
The Consultant will certify the trained staff (economists) after
this training
ACA Responsibilities:
*
ACA will be responsible for the selection of participants that
will be trained.
*
ACA will provide premises and the necessary equipment for the
training (beam projector, computer, etc.)
Deliverables:
*
The Consultant will prepare a training curriculum/agenda
*
The Consultant will deliver 60 hours of training of which 20
devoted to theory and 40 hours devoted to practice on real cased
with data provided by the ACA
*
The Consultant will prepare a report describing the results of the
training
Activity 3
Training to acknowledge the relevant ECJ jurisprudence in relation to
the application of Articles 101 and 102 of the TFEU.
Introduction
The Stabilization and Association Agreement (SAA), signed between
Albania and the Member States of the European Union, in June 2006,
entered into force on 1 April 2009, has clearly defined its
provisions: “The Parties recognize the importance of the approximation
of Albania’s existing legislation to that of the Community and of its
effective implementation. Albania shall endeavor to ensure that its
existing laws and future legislation shall be gradually made
compatible with the Community acquis. Albania shall ensure that
existing and future legislation shall be properly implemented and
enforced” (Article 70, point 1).
In this context, Law No.9121/2003 “On Protection of Competition”, as
amended, is in compliance with the TFEU and respectively with Articles
101 and 102. Also, the procedure for notifying and authorizing
concentrations is in accordance with Regulation (EEC) No.4064/89
“Merger Procedure” and the EC Merger Regulation No.139/2004 “On the
control of concentrations of between undertakings”. Secondary
legislation, approved over the years by the Competition Authority
Commission, is in line with the EU acquis.
Obtaining the status of a ‘candidate country’ for EU membership in
June 2014 dictates not only the obligatory approximation of Albanian
legislation to that of the EU, but also an approximation in terms of
enforcement practices. In this respect, the jurisprudence of the
European Court of Justice serves as a model for ACA in dealing with
the main pillars of the law. Due to the fact that the future
membership of Albania in the EU will require the compulsory
implementation of this jurisprudence, it is dictated the need for ACA
staff as well as for members of the Competition Commission to acquire
relevant knowledge about this jurisprudence.
The goals of activity
The activity entails training ACA officials on the jurisprudence of
the European Court of Justice in the investigation and decision-making
process, and it is intended to ensure full knowledge of ECJ
jurisprudence in relation in particular to: (i) the treatment of
collective dominant position; (ii) the relation between Article 101
and 102 of the TFEU in the context of abuses of collective dominant
position; (iii) the relations between economic entities in the light
of the case law developed under article 102 of the TFEU and
agreements, decisions and concerted practices within the meaning of
article 101 of the Treaty; (iv) application of Articles 101 and 102 of
the TFEU in for cases concerning conscious parallelism.
Accountability of the parties - Consultant and ACA
Consultant responsibilities:
*
The consultant will provide, following the indications of ACA and
EBRD, a training agenda on the ECJ jurisprudence on the topics
highlighted above
*
The Consultant will deliver the training agenda agreed by ACA and
EBRD in a series of seminars for a total of 60 hours
*
The Consultant will prepare the necessary materials (electronic or
hard copy materials) that relate to getting the required knowledge
foreseen in the objectives of this Project
ACA Responsibilities:
*
ACA will determine a list of participants who will attend the
training and will provide the premises and materials needed for
the activities (projectors, screen) will cover also the costs for
refreshments and coffee breaks
*
ACA in cooperation with the Consultant will prepare the training
agenda and review the material prepared by the invited experts
*
ACA, in cooperation with the School of Magistracy, will organize a
training session with judges of the administrative courts, and of
the Administrative Appeal Court
Deliverables:
*
The Consultant will deliver training for ACA staff and judges
selected by ACA in accordance with the TORs
*
The Consultant will prepare a final report discussing the outcomes
and results of the training
*
The Consultant will prepare a booklet with concrete issues
addressed during the training for future use and reference of ACA
Activity 4
Merger analysis based on - Significant impediment to effective
competition - SIEC.
Introduction
Law no. 9121/2003 “On Protection of Competition”, recently amended in
20102, has brought a clearer legal regulation regarding the concept of
concentrations. These changes include the introduction of a new test
for concentrations assessment - the “significant impediment of
effective competition” (SIEC). .
Training of ACA staff regarding the implementation SIEC test is seen
as an important element in building of capacity of the ACA in its
daily activity. The proposed training activity will achieve the
following objectives: (i) prepare staff for detailed concentration
analysis; (ii) provide adequate knowledge to analyse and address
different situations based on concrete cases. In particular, the
training will focus on: (a) realistic economic and econometric
analysis that will allow the ACA to pass to Phase 2 of investigations;
(b) analysis to be conducted during Phase 2 deep investigations; (c)
ex-post analysis of concentrations decisions taken by ACA over the
years for the authorized concentrations.
The Priority Sectors will be:
The training should focus on applications in the following sectors
identified by ACA as priority sectors: telecommunications; banks and
the financial sector; hospital services; the tourism sector, the fuel
and gas sector, the transport sector (air, maritime, long-distance
transportation).
Accountability of the parties - Consultant and ACA
Consultant responsibilities:
*
The Consultant will provide, following the indications of ACA and
EBRD, a training agenda concentration analysis as described I the
present TORs
*
The Consultant, in agreement with ACA and EBRD, will prepare the
necessary materials which are related in obtaining the required
knowledge foreseen in the objectives of this Project
*
The Consultant will deliver the training agenda agreed by ACA and
EBRD in a series of seminars for a total of 60 hours
ACA Responsibilities:
*
ACA will determine a list of participants who will attend the
training and will provide the place and materials needed for the
activities (projectors, screen) and will cover the costs for
refreshments and coffee breaks
*
ACA in cooperation with the Consultant will prepare the training
agenda and review the workshop material prepared by the invited
experts
Deliverables:
*
The Consultant will deliver training for ACA staff and judges
selected by ACA is delivered according to the TORs
*
The Consultant will prepare a final report discussing the outcomes
and results of the training is prepared
*
The Consultant will prepare a publication in 200 hard copies
(Albanian and English language), with concrete issues addressed
for the needs of the ACA.
Activity 5
Study visits for the members of the Competition Commission and the
staff members of the Authority.
Introduction
The ACA staff consists of senior junior experts. It counts today 39
people of whom 16 have an experience of 8-10 years in ACA, and the
rest of the staff are young employees. The staff of the ACA, enjoys
the status of a civil servant, and is regulated by law no. 52/2013 “On
Civil Servant”, amended, which aims to establish a sustainable,
professional civil service based on merit, moral integrity and
political impartiality.
ACA, as the lead and coordinating institution of Chapter 8 of the
Stabilization and Association Agreement “Competition Policy”, has
provided continuous training of this staff to various EU programs, and
specifically following projects CARDS, IPA Twinning 2008 and the TAIEX
instrument.
Also, within the framework of participation in international
organizations and networks, the staff, as well as the CC members, such
as UNCTAD; OECD-GVH / RCC, International Competition Network; OECD;
Sofia Competition Forum; Energy Community Secretariat; etc., through
various participations or trainings.
ACA sees the cooperation with the homologue authorities as a priority
in the framework of gaining and exchanging experience, which helps to
create bilateral cooperation for the future. For this reason, the
Consultant is required to organize a series of study visits for the
benefit of ACA. The goals of the activity are to: (i) allow ACA to
acquire experience from other homologues Authorities and share its
own; (ii) allow ACA to establish bilateral cooperation for the
exchange of information (non-confidential) on issues affecting global
or regional markets.
The study visits will allow ACA staff members to acquire relevant
knowledge in relation to the following (but not limited to) specific
areas: applications determination of fines and related procedural
issues; detailed rules on commitment decisions; collusion; analysis of
a certain type of potentially restrictive agreements (especially in
new technologies, distribution chains and the insurance industry),
conducting sectoral investigations.
Accountability of the parties - Consultant and CA
The Consultant will be responsible for:
*
The Consultant will organize 4 study visits for a certain number
of ACA employees (3 for each study visit) to Competition
Authorities located in EU member states or other European
institutions such as the European Commission - General Directorate
of Competition (DG-Comp)
*
The Consultant in cooperation with ACA and EBRD will select the
hosting competition authority (the authorities). The selected
authority should represent a model applicable to the Albanian
Competition Authority
*
The Consultant should ensure that the proposed hosting authority
should be ready to engage the study tour participants in its
activities, allowing them to become familiar with the practical
cases managed by the receiving authority
*
The Consultant should ensure that each study visit lasts not less
than 3-5 days by the receiving authority
*
The Consultant will prepare a detailed plan and budget for the
practical implementation of the proposed study visits
*
The Consultant should ensure that the visit plan includes tasks
assigned to each participant, including measurable indicators to
evaluate the results of each visit, where each receiving authority
focuses on a specific aspect that is of particular interest to the
ACA
*
The Consultant will cover all accommodation costs, daily payments
(per diem) and internal transport costs for the duration of the
study visit
*
The Consultant will provide a brief report (up to 10 pages) at the
conclusion of each study visit, by marking the main meetings,
activities in which the participants are involved and the results
achieved
*
The Consultant should complete individual reports for each visit
at the end of all visits merge it into a single report
Responsibilities of ACA:
*
ACA will select participants for study visits in cooperation with
EBRD
*
ACA will provide transportation costs (flight tickets)
Deliverables:
*
Four study visits are organized as described by the TORs
*
A report of up to 10 pages is prepared to describe the activities
implemented during the visits and the results achieved
5. Project Implementation
The Consultant’s team should comprise outstanding international
experts in competition law and its economic basis with significant
experience in providing training to market officials and/or other
senior officials with responsibility for competition regulation. The
Consultant will work closely with the ACA and the EBRD project team.
The Consultant will designate one contact person as its primary point
of contact.
The Consultant shall report and consult throughout the assignment for
each of the tasks as discussed in section 4 of these Terms of
Reference with the EBRD Economics, Policy and Governance Team the
Legal Transition Team that are leading this assignment.
Any deviation from the above tasks should receive prior approval.
ACA responsibilities:
The ACA will actively contribute to the proposed project. In
particular, it is expected that ACA will:
a.
identify appropriate officials counterparts in all activities
b.
guarantee access to all necessary information in the context of
the work
c.
facilitate access to all relevant officials (including ensuring
commitment of the ACA’s staff time)
d.
provide all needed logistical support for the Consultant during
the time they work in Tirana
e.
provide all other support as agreed at the inception meeting (see
below).
With respect to specific Assignment activities, the ACA will implement
the actions specified below.
The ACA will nominate a specific (English speaking) official as the
main contact point for the Assignment. The ACA will also identify
suitable premises for the training to be delivered under Activity 2,3
and 4 above and will cover all costs related to the provision and use
of the location. The ACA will attend to all practical, logistical and
organisational arrangements for the delivery of training (printing,
coffee breaks/refreshments, audio visual equipment, etc.) including
the placing of all course materials on a suitable website for ready
use in future training. The ACA will also cover any existing cost
associated with translation/simultaneous interpretation, as may be
needed in the implementation of Activity 2, 3 and 4 above.
In the implementation of Activity 5, the ACA will cover the payment of
return flight tickets of its staff members to the countries where
study visits shall take place.
In the implementation of Activity 1, the location for the workshops
will be chosen and the costs covered by the ACA. The Consultant will
bear all the costs for the organisation and logistics of the
workshops, including simultaneous translation. The ACA will be
responsible for contacting relevant sector regulators and
representatives of the business community and civil society, and
invite participants to the workshops.
Inception Mission
The Consultant will organize an initial visit to Tirana (‘Inception
Mission’), which will comprise meetings with senior officials, case
handlers and staff of the ACA. The meetings will take place at the
premises of the ACA in Tirana. The purpose of the Inception Mission is
to collect valuable information/insights for the implementation of the
Assignment. The Consultant will also be responsible for the
development of an implementation plan, a draft of which will be
presented during a half a day kick-off meeting in the presence of the
Consultant, EBRD and the ACA’s upper management. The meeting will
provide an opportunity for the Consultant, EBRD and the ACA upper
management to discuss the main implementation aspects of the
Assignment, and in particular the attribution of roles and
responsibilities for the delivery of the different activities/tasks
defined in Section 4 of these terms of reference.
Upon the completion of the Inception Mission, the Consultant will
prepare an inception report (the ‘Inception Report’), which will,
inter alia, outline the implementation plan discussed during the
Inception Mission. The implementation plan, after being discussed and
endorsed by EBRD and the ACA, will guide the implementation of the
Assignment and any deviation from the agreed proposal should be
re-discussed and agreed by EBRD and the ACA.
The Assignment will be managed on a day-to-day basis by the
Consultant.
The Consultant will prepare a short final project implementation
report (10-15 pages) outlining the main lessons learned during the
implementation of the Assignment. The format and content of the report
will be agreed between the Consultant and the Bank.
The Assignment will commence as soon as possible following Consultant
selection and last approximately 22 months. Where necessary,
appropriate and financially feasible, an extension of time and/or
scope of the Assignment may be sought. The timeframe and deliverables
associated with the Assignment are described in Section 6 of the
present Terms of Reference.
EBRD will make sure that the quality of deliverables is in line with
ACA’s expectations and recommendations. To this aim, it is expected
that the Consultant will report on its activity on a bi-monthly basis
to both ACA and the EBRD, in order to take prompt corrective measures
in case issues emerge on the quality of the Consultant’s work. If the
ACA based on the Consultants performance and report deems that the
Consultant has not properly executed his assignment it reserves the
right to ask EBRD the non-execution of payment for that specific task.
If disagreements persist between ACA and the Consultant, the EBRD will
be ultimately responsible of the approval of the project’s
deliverables identified in the present TORs.
6. Deliverables
Deliverable
Due (months from contract commencement)
Inception Mission (back-to-office report)
1 month
Competition Advocacy and Communication” strategy in English and
Albanian
12 months
Three Workshops are organized to raise awareness about the strategy
20 months
Curriculum for STATA training
9 months
Training on Stata for ACA staff
20 months
Training on ECJ jurisprudence on Articles 101 and 102 for ACA staff
16 months
Booklet is prepared
20 months
Training on merger analysis for ACA staff
12 months
Report containing addressed cases is prepared
18 months
Study visits organized for ACA staff
12 months
Study visits for ACA staff implemented
20 months
Draft Final report
21 months
Final report received and approved by EBRD
22 months
The deliverables and timetable for their completion are as follows:
After the submission of the draft deliverables/reports and upon the
receipt of comments and suggestions from EBRD and the ACA, the
Consultant will prepare the finalized versions of the
deliverables/reports within one week.
Unless otherwise agreed and specified in the present TORs, the
language of all deliverables and reports shall be English. All
deliverables and reports shall be submitted to the Bank in electronic
format.
For every accomplished task under all activities, the Consultant
should report to the ACA Chair/responsible person assigned by the
Chair and to the EBRD team leader.
The proposed team of experts should have a minimum of ten years’
experience for the specific task. The CV-s of the proposed expert for
every task/activity should be considered as integral part of the
Consultant’s proposal.
The Consultant shall ensure that any deliverables under this
Assignment that will be shared with third parties other than EBRD will
contain the following disclaimer:
This [report/deliverable] has been prepared exclusively for EBRD and
is provided for illustration purposes only. EBRD makes no
representation or warranty, express or implied, as to the accuracy or
completeness of the information set forth in this report. EBRD has not
independently verified any of the information contained in the report
and accepts no liability whatsoever for any information, misstatement
or omission contained herein. The report remains the property of EBRD.
1 The priority sectors have been determined by ACA through various
means such as: (1) Evidence-based market studies; (2) Complaints from
the public or business sectors; (3) Information received from Members
of the Commission, government agencies, regulatory bodies, members of
the ACA or whistle blowers; (4) Intelligence gathering of existing
inefficient and non-competitive sectors; and (5) Conventional wisdom
derived from the experiences of competition agencies from other
countries.
2Law “On Some Amendments and Changes in Law No.9121, dated 28.07.2003”
On Protection of Competition “, no. 10317 of 16 July 2010. [2010] FZ
no.135.
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