Construction of Competition Policy Indexes for EBRD countries of operations to support the Bank’s policy dialogue

Language: EN
Number: 7715805
Publication date: 13-02-2018
Source: The European Bank for Reconstruction and Development (EBRD)
Deadline: 8 days
Tags: Supervision of building work Construction

Description

Location:

Regional

Project number:

72507

Funding source:

EBSF - EBRD Shareholder Special Fund

Contract type:

Consultancy Services

Notice type:

Invitation for expressions of interest (CSU)

Issue date:

12 Feb 2018

Closing date:

05 Mar 2018 at 23:59 London

Access eSelection

Project Description: Competitive markets lie at the heart of the European Bank for 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. Several policies contribute to the enhancement of competition in the marketplace. Among these, competition law, empowering specific regulators to prosecute anti-competitive conducts (such as cartels or abuses of dominance) and approve notified concentrations, plays a major role.

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, as well as by the "extent of dominance" indicators produced annually by the World Economic Forum. In terms of competition law enforcement, the development of good capacity and procedures for competition regulation lags behind other reform areas consistently for all EBRD’s countries of operations.

In recent years, the Bank has taken significant steps to address gaps in competition law institutions and enforcement in its countries of operations. The Legal Transition Team (LTT) and Economics, Policy and Governance Team (EPG) have worked on a variety of successful technical cooperation projects, focusing mainly on (i) the capacity building of the national competition authorities and (ii) judicial training in competition law. In order to better tailor its technical cooperation work to the needs of its counterparts, the Bank would significantly benefit from the availability of (currently missing) qualitative and quantitative indicators measuring the quality of competition law institutions and enforcement in its countries of operations.

Assignment Description: Against this background, the Bank now intends to engage the services of a consulting company (the "Consultant") to develop a new set of indicators to measure the quality of competition law in its countries of operations (the "Assignment"). These new indicators should capture the quality of competition policy institutions and enforcement, and their construction should take into account the findings of all the relevant academic and policy literature dealing with optimal policy design in the context of developing jurisdictions. The indicators should combine quantitative and qualitative information, and should allow the identification of major gaps to be addressed through policy dialogue with different potential counterparts, including competition authorities, the judiciary and different ministries within the government.

The selected Consultant is expected to provide the following services:

1. Develop a methodology to measure the quality of competition law institutions and enforcement in EBRD countries of operations

The Consultant will be asked to develop a methodology that will measure the key challenges and gaps in terms of competition Iaw institutions and enforcement in EBRD region, highlighting the areas where policy dialogue and technical cooperation could help address existing gaps.

In particular, the Consultant will develop a set of quantitative indicators that measure different relevant aspects of competition law and that can potentially be aggregated to retrieve a single measure of the quality of the overall competition law framework in a given EBRD country.

It is expected that the following aspects should be included in the assessment and captured by the proposed indicators:

- Quality of institutions – this would include aspects as: quality and scope of primary legislation (competition law), quality and comprehensiveness of secondary legislation (i.e. guidelines), de-jure independence of competition authorities, powers attributed to the competition authority during investigations, nature of investigative and adjudication process (separation between the two functions), sanctions, leniency programs existence and quality, number and relevance of sectors exempted (de-jure or de-facto) from competition law enforcement, principles of competitive neutrality, legal and substantive standards, advocacy role attributed to the competition authorities, attribution of powers for the supervision of regulated sectors etc.

- Quality of resources available to competition authorities – this would include aspects such as: number of staff, education level of staff, number of economists/lawyers, internal organisation of the competition authorities, budget available.

- Enforcement track record – this would include aspects such as: number of cases prosecuted, number of mergers reviewed, number of decisions appealed, number of decisions upheld by the courts, quality of assessment (based on a sample of cases), de-facto independence of the competition authority, enforcement priorities of the CPC, transparency of its decisions, advocacy results, de-facto collaboration between the competition authority and other regulators (i.e. sector regulators, public procurement agency) etc.

- Quality of judiciary review - this would include aspects such as: structure of the appeal review process, existence of specialised tribunals, and quality of judicial review (on the merits of the decisions as well as on the procedural aspects).

The objective of the methodology would be to reflect both qualitative and quantitative dimensions of competition law institutions and enforcement in a set of indicators that could be aggregated across different dimensions to deliver synthetic measures of the quality of the overall framework.

The methodology developed should take into consideration the following aspects:

- Data collection process – the methodology should identify different potential alternative routes to collect the necessary information, especially in light of difficult access to publicly available information in EBRD countries of operations. Different tools to be explored are: surveys of competition authorities, existing databases or publications (possibly to be purchased as part of the proposed assignment), interviews with relevant stakeholders (such as business associations, Government officials, staff of international organisations.
- Specificity of EBRD countries of operations – the methodology should take into consideration the findings of academic literature that link optimal design of competition policy with the economic, institutional and cultural characteristics of countries
- Qualitative information – it is expected that qualitative information collected related to competition law institutions and enforcement will be codified through appropriate quantitative indicators. However, it is acknowledged that some aspects especially related to the quality of decision making may be difficult to codify. In this case, the Consultant should propose ways to incorporate such qualitative dimensions into the assessment, so that the result of the analysis is not missed because of the impossibility to properly measure and codify the information.
- Missing data – the proposed methodology should contain specific provision on how to deal with missing data
- Aggregation – the proposed methodology should contain specific suggestions about different ways to aggregate the information collected, i.e. different weighting schemes based on subjective evaluation and/or statistical techniques.
- Replication – the proposed methodology should describe all the necessary steps that would be needed to replicate the exercise in the future, as it is expected that the indicators will be updated on a regular basis every two-three years.

2. Implement the proposed methodology and construct a series of indicators measuring the quality of competition law institutions and enforcement in EBRD countries of operations

Upon successful completion of activity 1, the Consultant shall implement the approved methodology and construct indicators for all EBRD countries of operations. Also, the Consultant shall prepare country pages that will indicate clearly existing challenges and potential areas to be targeted through technical assistance and policy dialogue.

In particular, the Consultant is expected to perform the following activities:

- Implement all identified techniques to collect relevant information and data on competition law enforcement in EBRD countries of operations, including: (a) run a survey of all competition authorities in EBRD region; (b) organise and hold interviews with relevant stakeholders when deemed necessary/appropriate; (c) conduct an in-depth assessment of publicly available data through existing indicators, academic papers and policy reports.
- If deemed necessary, the Consultant will suggest the purchase of existing publications/databases containing relevant information and data – It is expected that EUR 15.000 of the budget allocated to the proposed consultancy services will be used for purchasing the relevant material
- The Consultant shall liaise with EBRD on the implementation of any survey and interviews with local stakeholder – the EBRD will provide support through its network of resident offices and through the contacts established locally with relevant counterparts.
- Construct the proposed set of indicators for all EBRD countries of operations and at least three countries outside of EBRD region to provide a benchmark in terms of best practices – these three countries will be decided by the EBRD at a later stage, but they will be chosen among advanced jurisdictions
- Perform a series of robustness checks using alternative strategies for imputation of missing data and alternative weighting techniques, as suggested in the proposed methodology
- Draft a short summary document (a ‘country page’) containing a description of the results of the analysis for each country, as well as a clear list of identified challenges that could be addressed through the EBRD’s technical cooperation work. The country page should also contain all relevant collected qualitative information that could not be codified into quantitative indicators. In particular, it is expected that some aspects related to the quality of economic analysis contained in the decisions, as well as to the quality of judicial review may not be fully codified (due to missing information, difficult access to decisions).
- Present the results of the exercise during a workshop to be held in London with EBRD and potentially external experts. The workshop will be organised by the EBRD.

Detailed Terms of Reference for this Assignment can be accessed from the following link: http://www.ebrd.com/documents/admin/dwdtor72507.docx.

Status of Selection Process: Interested firms or groups of firms are hereby invited to submit expressions of interest.

Assignment Start Date and Duration: The Assignment is expected to start in April 2018 and has an estimated overall duration of 18 months.

Cost Estimate for the Assignment:
EUR 150,000 (exclusive of VAT). Subject to availability of funding, the performance of the selected Consultant and the specific needs of the Bank the Assignment may be extended beyond the current scope.

The Consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the special status of the Bank as an IFI and state this to the Bank in their response to the Invitation for Expressions of Interest. To the extent that a Consultant incurs input VAT on goods and services purchased in connection with the provision of services (e.g. VAT on airline ticket) which is not otherwise recoverable by the consultant from the local tax authority, the gross cost to the consultant of such expenses shall be treated as a reimbursable expense.

Funding Source: It is expected that the Assignment will be funded by the EBRD Shareholder Special Fund (‘SSF’). Please note selection and contracting will be subject to the availability of funding.


Eligibility: There are no eligibility restrictions.

Consultant Profile: Corporate services are required. The Consultant will be a firm or a group of firms preferably with previous project experience related to:

1. Assessing competition policy gaps across multiple jurisdictions, with a significant knowledge of EBRD’s countries of operation.

2. Constructing indicators measuring the quality and effectiveness of public policy, in particular in relation to competition enhancing policies.

3. Engaging with International Financing Institutions (IFIs) or international organisations, in the context of technical cooperation or policy advice projects related to competition policy and/or economic regulation.

The Consultant’s expert team is expected to include key experts as follows:

a Key Expert No 1 Team Leader/Senior Competition Expert with preferably 15 years or more of previous professional experience in the field of competition economics and competition law, as well as a strong academic record in the field of development economics and policy

b Key Expert No 2 Competition Expert with preferably 10 years or more of previous professional experience in the field of competition economics or law, with demonstrated knowledge of legal institutions in EBRD’s countries of operation

c Key Expert No 3 Econometrician/Statistician with preferably 10 years or more of previous professional experience in the field of econometrics and statistical analysis; construction of indicators measuring the effectiveness of public policy; use of factor and principal component analysis.

Non-key experts are expected to include: language experts/translators (knowledge of languages spoken in EBRD regions, including French, Arabic, and Russian is required).

Submission Requirements: In order to determine the capability and experience of Consultants seeking to be selected for this Assignment, the information submitted should include the following:

1. Company/group of firms’ profile, organisation and staffing (max. 2-4 pages).
2. Details of previous project experience or similar assignments particularly undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration) , main activities, objectives.
3. CVs of key experts who could carry out the Assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives.
4. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link: http://www.ebrd.com/pages/workingwithus/procurement/notices/csu/contact_sheet.doc.

The above information should not exceed 20 pages excluding CVs and contact sheet.

The complete expression of interest (including CVs, Consultant Declaration and Contact Sheet) should be submitted, in English electronically through e-Selection, to reach the Bank not later than the closing date. The expression of interest shall be one file (pdf). The EBRD reserves the right to reject applications of firms submitting more than one file. Only if the permissible file size is exceeded (4MB), the Consultant may split the expression of interest into further files.

Bank Contact Person:

Vivienne Headlam
Procurement Operations and Delivery Department
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: + 44 20 7338 6885
e-mail: lewishev@ebrd.com (submissions should be sent through eSelection and NOT to this email address)

Notes:

1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit a proposal. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.

2. The shortlist criteria are:
(a) Firm’s previous project experience within the previous 5 years in assessing competition policy gaps in developing jurisdictions in EBRD’s countries of operation (25%)
(b) Firm’s demonstrated experience in conducting analytical work (including through surveys) to construct indicators measuring the effectiveness of public policy; and firm’s. experience in engaging with International Financing Institutions (IFIs) or other international organisations in the context of technical cooperation or policy advice projects related to competition policy and/or economic regulation (25%)
(c) Firm’s demonstrated ability to leverage on an established network of contacts within EBRD’s countries of operation to collect relevant information to construct competition policy indicators (20%)
(d) CV of Key Experts (30%)