APEC Project Proposal |
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| Project No. | CPLG 01 2019A | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Project Title | Public-Private Dialogue - Understanding Digital Market Mechanism and Possible Competition Issues in Digital Economy in APEC Region | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Project Status | Project in Implementation | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Publication (if any) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Fund Account | APEC Support Fund | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Sub-fund | ASF: Renewed APEC Agenda on Structural Reform (RAASR) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Project Year | 2019 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Project Session | Session 2 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| APEC Funding | 123,734 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Co-funding Amount | 0 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Total Project Value | 123,734 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Sponsoring Forum | Competition Policy and Law Group (CPLG) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Topics | Competition Policy;Deregulation | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Committee | Economic Committee (EC) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Other Fora Involved | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Other Non-APEC Stakeholders Involved | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Proposing Economy(ies) | Malaysia | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Co-Sponsoring Economies | Brunei Darussalam;Chile;Indonesia;Mexico;Singapore | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Expected Start Date | 01/08/2020 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Expected Completion Date | 28/02/2021 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Project Proponent Name 1 | Mohd Yusri Firdaus bin Yaakub (wef 13 Feb 2021) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Job Title 1 | Not Applicable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Organization 1 | Ministry of Domestic Trade and Consumer Affairs Malaysia (MDTCA) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Postal Address 1 | Not Applicable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Telephone 1 | (60-3) 88826400 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Fax 1 | Not Applicable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Email 1 | yusri@kpdnhep.gov.my | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Project Proponent Name 2 | Not Applicable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Job Title 2 | Not Applicable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Organization 2 | Not Applicable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Postal Address 2 | Not Applicable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Telephone 2 | Not Applicable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Fax 2 | Not Applicable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Email 2 | Not Applicable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Declaration | Mohd Yusri Firdaus bin Yaakub | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Project Summary | This project is designed for competition agencies in APEC region that are currently facing rapid changes in the competition enforcement caused by the fast-growing digital market. Recognising the requirement to understand the uprising digital market and the challenges it poses, this project aims for competition authorities to exchange views with the digital market players concerning their applications in the digital market in order to enhance understanding on the mechanism being applied in the market. This could then be utilised to implement effective competition enforcement mechanisms in the digital markets in the future. This project will be a two-day workshop to be held in Penang in August 2020, prior to Economic Committee (EC). The participant of this workshop consists of competition authorities, regulatory agencies, digital market players, competition experts (academicians, researchers etc) and senior government officers that involve in development of trade policy. |
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| Relevance | Relevance – Region: APEC’s news release issued by the APEC E-Commerce Steering Group (APEC Bolsters Confidence in Digital Economy, Singapore, 19 June 2019), online retail activity has continued to surge, growing at the rate of more than 9 per cent in 2017 and consumers across APEC’s 21 economies purchase some USD 1 trillion in goods and services online – about half of global e-commerce. Despite these promising opportunities driven by the digital economy, the radical innovation of technology utilize in the digital economy has disrupted the competitiveness and posed high entry barriers and monopolistic behaviour among service providers in the digital ecosystem. Evidently, the uprising cases of abusing monopolistic dominance alleged to tiger of digital business such as Google, Facebook, Spotify, among others has shown that economic of scope and data posed challenges to the competition authorities in APEC region particularly in accessing the competitiveness of digital economy. The aforementioned dominant firms are well known to have invited scrutiny towards their modus operandi with plenty of alleged anticompetitive conducts in various aspects of their operation, especially amongst those of competition regulators based in more advanced jurisdictions such as the US, Europe and Australia. In addition, the uneven development of digital economy geographically that contributes by the number of internet users and data hence widening the gap between developed and developing economies in APEC region. The rapid development of technological changes say artificial intelligence, big data, block chain, multi-sided markets/platforms, just to mention a few, in digital economy drives by developed economies and yet the embryonic nature of technological development in developing economies apparently hampering the effort of the small and medium high-technology business to expand their operation in their local market as well as other markets within their region. In this sense, it is a high time for the developing member economies, especially the competition authorities and policy makers to aptly understand the mechanism of digital economy in order to gauge with the dynamism of the future of digital economy. Towards the end, this project intends to extend the CPLG 02 2018 project-Workshop on Competition Policy for Regulating Online Platforms in the APEC region, which was held in Mexico in May 2019 by extensively assessing the mechanism embody in digital economy and addressing the competition issues and challenges of digital economy from the public and private perspective. The workshop will be in the form of dialogue between the public sector i.e. competition authorities and the private sector i.e. digital business community. The scope of this project will revolve around two main segments i.e. the established dominant players in the digital market and the upcoming digital-based firms that possess huge potential to be dominants in the near future, by looking at how they function practically in the real world and what they aspire to achieve. Specifically, four established and biggest tech-firms operating in different digital platforms in the world have been identified as the potential speakers for this project that is the Facebook, Inc. (social networking), Google LLC (search engine), Samsung Group (operating system) and Alibaba Group Holding Limited (marketplace). As for the upcoming tech firms with huge potential, the project will focus on firms from Malaysia and South East Asia that is Touch & Go (e-wallet), Celebrus Advisory (blockchain) and Gojek (multi-sided market). By utilising the Public-Private Dialogue format, this project will be able to provide competition authorities in the APEC region with new perspective and practical understanding on how digital market functions in the real world. The eventual inputs to be gained from this project will be incorporated into a report with the intention to serve as a guide for the competitive authorities in the APEC region, and possibly in other parts of the world as well, in the effort to improve their competition enforcement frameworks and making it more comprehensive as well as practical, which in turn will be better applied in the real world scenario. In light of this, competition authorities in the APEC economies as well would define the potential areas of cooperation with developed economies in order to reduce the gap and gauge with competition challenges in the digital market. Relevance – Eligibility and Fund Priorities: This project fits the funding criteria under the APEC Support Fund (ASF) Sub Fund on the Renewed APEC Agenda for Structural Reform (RAASR) as it is in line with the APEC’s goal to support the implementation of structural reform priorities in developing economies in 2019, especially under its pillar number 1 that is to create a more open, well-functioning, transparent and competitive markets. As for Malaysia, this particular project will support one of Malaysia’s structural priorities laid-out in its RAASR Individual Action Plan (IAP) that is to strengthen the engagement mechanism between government and private sector in order to formulate business-related regulations that is balance and inclusive. Relevance – Capacity Building: This project will build the capacity and aptitude of the participants from the APEC region. The APEC economies, especially the developing ones, will get to learn about the practical application and mechanism of the digital market directly from the digital market players or experts. This will help them to improve their current knowledge and understanding on the subject and will assist them in establishing more effective competition enforcement mechanism against possible competition concerns in the digital market in the future. Given the cross-border nature of this project, it will benefit all APEC economies, especially the developing ones, through improvement to the digital economy structure and framework in the region. |
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| Objectives | This project seeks to develop and enhance competition authorities’ understanding on the practical mechanism of the digital market and how it is actually being utilised in the real world via exchange of views with the digital market players in order to develop more efficient and effective competition enforcement mechanism in dealing with competition issues in the digital market. Specifically, this project aims: i. To understand the key features in the digital market environment; ii. To bridge the gap between competition authorities’ current knowledge and application in the digital market mechanism in the real world; iii. To develop best practice guidelines for the competition authorities in dealing with competition issues in the digital market in order to improve competition enforcement and policy framework; and iv. To draw lessons and policy recommendations in relation to digital economy that may be beneficial to Malaysia and other APEC economies. |
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| Alignment | Alignment - APEC: This project will contribute to APEC Priorities for year 2019, specifically on its focus and effort in enhancing and advancing Digital Society and Integration 4.0 in the APEC region. This project will also contribute to achieve APEC’s objectives, which is the liberalisation of trade and investment, facilitation of business as well as economic and technical cooperation (ECOTECH). Alignment – Forum: This project will assist the EC in its commitment towards contributing to the accomplishment of the APEC Internet and Digital Economy Roadmap (AIDER) and Digital Economy Workplan for 2019. This project also complements many of the EC’s sub-forums substantial work in the area of digital economy such as the CPLG’s Workshop on Competition Policy for Regulating Online Platforms in the APEC region, which was held in Mexico in May 2019. Therefore, this project is in line with the EC and CPLG’s priorities in promoting a good competitive environment, building capacity, and sharing of experiences and best practices amongst the APEC economies. |
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| TILF/ASF Justification | Not Applicable. |
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| Beneficiaries and Outputs | The outputs of this project are as follows: i. Organisation of a two-day workshop to be held in Penang in August 2020 on the side line of SOM 3, prior to Economic Committee (EC) Meeting. In the first day, there will be presentations by the speakers to aforesaid tech-firms, to be divided into two segments for established and upcoming firms, on the topic of digital market mechanism. The purpose of these sessions is to shed light of on the technical and economical mechanisms that involve in digital economy. In the afternoon session, the panellists will present the overview of the regulatory framework on competition to complement the participant understanding on the gap, issues and challenges on the competitiveness of the digital economy. The second day of the workshop furthermore will enhance participant understanding on topic of consumer welfare in a digital economy that seems to be received little attention in previous workshop. The session aims to coin the issues and challenges on consumer welfare in a digital economy in respect to the price, product quality, among others. In the evening session, a roundtable discussion will be conducted to explore the collaboration areas among APEC economies to gauge with the issues and challenges in the digital economy in order to spur competitiveness and reducing gap in APEC region. The detail of the agenda is shown in Draft Agenda enclosed with this proposal. ii. Questionnaires will also be given to the participants in this workshop to gather information and insight on the issues and challenges facing by their respective economies. iii. A well-structured final project report of approximately 20-30 pages comprises of cover page, table of contents, introduction and issue-based summaries of presentation, conclusion and recommendations. The report will also contains the results attained from the evaluation form and the matrix of inputs with sections on, amongst others, gender participations, relevance, effectiveness, outcomes and recommendations to improve competition policy and law enforcement framework in the APEC region will be developed and thereafter submitted and disseminated to the EC and other relevant stakeholders within the proposed time frame. iv. The feedback on the questionnaires will be presented in the report in view to their geographical economies in order to address the diversity and geographical limitation to avoid generalization of the recommendations. The expected recommendations that will be drawn from this project consists of two main elements such as policy recommendation in respect to the areas of cooperation between developing and developed economies to enhance the spill over effect of technological innovation as well as the guidelines on the competition assessment to facilitate the policy makers and competition authorities of APEC region. Outcomes: The expected outcomes can be divided into three phases which are short, middle and long terms: · Enhance participants’ practical understanding on how the digital firms operate in the digital market and the mechanism that has been utilised to propel their businesses, including their key features; · Enhance participants’ awareness on the need to focus on the development and issues surrounding the digital market, particularly in relation to competition policy and enforcement framework; and · Identify and provide possible recommendations to improve competition policy and enforcement framework in relation to digital economy that may be beneficial to Malaysia and other APEC economies. ii. Middle term (2-5 years): · Bridging the gap between the competition authorities’ knowledge and application in the digital market mechanism in the real world; · To develop common understanding on the way forward amongst the competition authorities in dealing with competition issues in the digital market in order to improve competition enforcement and policy framework; · Competition regulators in the APEC region could possibly establish their own independent digital team that specialises in the digital market environment; and · Digital market players are empowered to be self-regulating in terms of making their policies, operations and practices in line with competition law framework in the APEC region. iii. Long term (5-10): · To establish a unified, if not common approach on tackling competition issues surrounding the digital economy for a consistent, if not predictable outcome in handling competition issues amongst the competition authorities in the APEC region; and · To establish l cooperation / collaboration between developing and developed APEC economies in dealing with issues in the digital economy in the APEC region. Beneficiaries: The main beneficiary of this project is competition authorities who are responsible to regulate competition law and consumer protection law in any of the 21 APEC economies. It is important to have mid-level to high-level competition authorities with more than 10 years working experience and expertise in the development of competition policy as well as enforcement. The emphasis of these criteria lies upon the wide knowledge and experience capacities will enable the competition authorities to provide analytical and comprehensive views on the competition issues and challenges in digital economy. In addition, they are also able to provide a comprehensive insight in the exploration of the potential solutions of the issues and challenges identified. This workshop seeks the competition authorities to disseminate the new knowledge and experience gathered from this workshop in their respective economies and become a paradigm change especially when crafting the competition policy and framework with regards to digital economy. This workshop strongly encourages participation from women competition authorities in APEC economies. From this workshop, the competition authorities particularly from developing member economies will benefits in respect to knowledge on ways to tackle possible issues that could arise in the future in their respective jurisdictions. Aside from CPLG 02 2018 project that emphasis on competition authorities as their main participants, this project will extend the invitation to other equally important government stakeholders such as policy makers, public officials and regulators from other relevant ministries and agencies in the APEC region as well as the private sector such as digital market players in APEC economies. They will have an opportunity to learn about digital market mechanism and exchanging ideas and insight on possible cross-cutting issues. The comprehensive views from public and private stakeholders are crucial in this project in order to deliver the innovative recommendations to the issues and challenges identified. |
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| Dissemination | The final report of this project will be published in the APEC publication website. The report will comply with APEC Publication Guidelines, IP Policy and Logo Guideline. The report will be disseminated to the APEC economies’ competition authorities and other public and private participants via email by PO and they will be requested to further circulate the report to their relevant stakeholders. A notification email on this initiative will be sent out to the relevant stakeholders, once every month until December 2020, to create awareness of the availability of the report and project materials. The relevant stakeholders could include policy makers, public officials, academics, economists, lawyers and private sector digital firms, including the five tech-giants invited as speakers at the workshop. |
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| Gender | This project seeks to address two pillars of the Gender Criteria as indicated in Guidebook on APEC Projects which is skills, capacity building and health and leadership, voice and agency. In order to ensure women’s participation, this project projected that 30% of the speaker and participants are women. PO is committed to collect sex-disaggregated data for all speakers and participants (and not only the APEC funded) from the project event. This data will be included as part of the submission of the Competition Reports to the Secretariat when the project completes and will serve to guide future POs on their own gender parity target. |
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| Work Plan |
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| Risks | The potential risks are divided into three phases which is pre, during and post workshop:
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| Monitoring and Evaluation |
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| Linkages | This project supports the priorities set under the EC and CPLG in terms of safeguarding competitive markets and also the initiative under RAASR. The PO also sets to engage with the other relevant APEC fora to promote cross-fora collaboration since the issues surrounding the digital economy are normally cross-fora in nature as they involved various areas of concern. Some of the relevant fora under consideration are: ACTWG, IPEG, MAG, ISTWG, PPWE, SMEWG and TELWG. The PO will approach these fora to determine their possible involvement in this project. This project basically intents to build on thesubstantial project- CPLG 02 2018 Workshop on Competition Policy for Regulating Online Platforms in the APEC region, which was held in Mexico in May 2019. In particular, the CPLG 02 2018 emphasis on the competition policy in the digital economy that lies upon the ecosystem of the digital platform and the regulatory framework of competition thus pose importance role of competition authorities in digital economy. Realizing the call from CPLG 02 2018 projects towards international cooperation has set forth this project by integrating the insight and experience from public and private digital sectors in order to understand the mechanism and issues and challenges in digital economy from different perspective. This project also aims to explore area of potential collaboration that able to reduce the gap between developed and developing economies particularly on digital economy. |
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| Sustainability | First, the outcomes and recommendations will be incorporated into the final report which thereafter to be circulated to the workshop participants from the APEC economies. The outcomes and recommendation will take into consideration the contextual factors of economy namely level of economic development, penetration rate of digital economy, among others in order to avoid the generalization of project recommendations. Due to the fact that this report will be made available in the APEC website publication, therefore, the finding of this project will serve as a guideline for competition authorities in the APEC region. Moreover, further discussion on this issues will be followed up in the next CPLG meeting which is expected to be held in New Zealand. |
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| Project Overseers | First PO: Dr. Nurul Shamisza Binti Sahrom. Assistant Director in Policy, Strategic Planning and International Division, Ministry of Domestic Trade and Consumer Affairs, Malaysia. Email: shamisza@kpdnhep.gov.my, Tel: +60-3-8882-6400 Second PO: Mr. Burhan B. Irwan Cheong. Principle Assistant Director in Policy, Strategic Planning and International Division, Ministry of Domestic Trade and Consumer Affairs. E-mail: burhan@kpdnhep.gov.my. Tel: +60-3-8882-5580 Third PO: Mr. Mohammad Haizam bin Hashim, Director in Strategic Planning and International Affairs Division, Malaysia Competition Commission (MyCC). E-mail: haizam@mycc.gov.my. Tel: +60-3-2273-2277, |
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| Cost Efficiency | Not Applicable. |
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| Drawdown Timetable | Not Applicable. |
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| Direct Labour | The PO will be contracting a firm that possesses expertise in competition and competition economics, good in project management including event organization, possess significant capacity for producing policy guidance as well as strong command of written and spoken in English. The firm also possesses capacity to analyse cross-cutting issues as it also specialises in other areas such as intellectual property. The firm is responsible to lead the delivery of project objective and outcomes as well as provide support to the PO in conducting research and providing training material. In addition, the contractor would have experienced in establishing Monitoring and Evalution thus able to identify 2-3 measureable outcomes, indicators as well as incorporate gender in the implementation of this project. The contractor need to collect the data during and at the end of the project as required in order to measure the indicators that have been determined beforehand. The PO will inform the secretariat the name and details of the contractor as soonest possible and will not enter any contractual obligation before the project proposal is approved by the APEC Secretariat and Committee Members. There are intensive labour works on fact-finding missions and the development of reports (MR and CR): · The preparation, submission and digestion of the surveys and phone interviews would take 160 hours (a full month) · Comprehensive studies on the operation and mechanism of digital market by public and private sectors equal to 360 hours (with three peoples) · Development of M&E Framework-measureable outcome, indicators of the success of the projects and gender incorporation would take 40 hours · Data collection on the developed measureable outcomes and indicators of the success of the projects (during and after the project) would take 80 hours · Development of first draft reports would take 80 hours · Integrating comments and feedback and preparing a second draft would amount to 160 hours. · Finalization of the report (including editorial and) would take an estimated 200 hours Total number of hours : 360x $40/ hours = 14,400 |
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| Waivers | Not Applicable. |
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| Are there any supporting document attached? | No | |||||||||||||||||||||||||||||||||||||||||||||||||||||||