introduction
In the exercise of their public functions, state administration bodies are subject to the free competition legislation of countries. While the actions of public organizations that are expressly governed by law do not constitute an anti-competitive conduct per se, they are not exempt from legal scrutiny in situations where they exceed their powers by making decisions that may affect free competition in markets.
In addition, in exercising their functions, public services have a constant and important interaction with economic operators. Therefore, many of their decisions can have an impact on competition in the markets in which those actors participate.
Thus, it is vitally important to discuss the reasonableness of the elements that underpin the decisions of public organizations, as well as the potential effects that they may have on the good performance of the competitive process.
Moreover, public sector bodies should ensure that their actions (rules or administrative acts) do not distort free competition in markets, thus ensuring that their decisions are based on criteria of free competition and adopting sufficient preventive measures to understand and manage the risks of free competition in the public sector.
Accordingly, the need arises for the Latin American and Caribbean Economic System (SELA) and the Free Competition Program of the Pontifical Catholic University of Chile to unify efforts and train public organizations whose decisions have a direct impact on markets of paramount importance to society (e.g., telecommunications, health, public infrastructure). To that end, an online training is proposed for managers of public organizations in Latin America and the Caribbean.
Objectives
- Train managers of public organizations in SELA member countries in the best preventive practices of free competition.
- Provide them with tools for a greater understanding of the subject matter and its application through the public sector.
Results
- The holding of an online workshop for managers of public organizations in Latin America, who will be trained on the main aspects of free competition for the public sector and the necessary and sufficient tools for the preventive management of legal risks in the exercise of legal powers of public bodies.
General information
- Convening: The participation in the meeting is subject to invitation by the organizers. The event is aimed at public officials from Latin America and the Caribbean (limited places).
- Languages: Spanish and English (simultaneous interpretation)
- Duration: 8 chronological hours to be divided into two days of classes (4 hours/day)
Trainers
Ricardo Jungmann D. Lawyer at the Pontifical Catholic University of Chile, Master of Laws from the University of Navarra. Specialist in corporate governance, compliance, free competition and regulatory law. Currently, he is Director of the Centre for Free Competition UC and Director of the Master of Laws (LL.M) UC programme, which is taught in Central America. Professor of Economic Law, Free Competition, and Compliance and teaches various courses in undergraduate and postgraduate studies at the Catholic University of Chile. He has been Executive Director of the Centre for Corporate Governance UC; Corporate Manager for Ethics and Compliance (Chief Compliance Officer) at the National Petroleum Company of Chile (ENAP).
Rodrigo Álvarez Z. Lawyer at the Pontifical Catholic University of Chile; Master of Laws (LL.M) from the Harvard University, USA; and Doctor of Laws from the University of Navarra, Spain. Specialist in corporate governance, compliance, free competition, commercial and tax planning for various companies. Professor of Tax Law, Commercial Law and Competition Law at the Catholic University of Chile and other universities. He is Director of Companies and has been Minister of Energy and Undersecretary (Vice-Minister) of Finance of the Government of Chile, President of the Chamber of Deputies of Chile, Deputy for District 60 for three periods, President of the National Petroleum Company and Vice-President of the Chilean Public Enterprises System.
Agenda
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Thursday, 15 July 2021 |
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| 09:30-09:40 |
OPENING SESSION – WELCOME REMARKS
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| 09:40-14:00 |
SESSION I - Free competition in the public sector
15-minute break Practical activity |
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Friday, 16 July 2021 |
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| 09:30-14:00 |
SESSION II - Free competition and compliance in the public sector
15-minute break Practical activity |
| 14:00-14:10 |
CLOSING SESSION
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Teaching and learning methodology:
- Exhibition and virtual talks, with support of visual and bibliographic materials.
- Analysis of case studies based on international experience.
- Bibliographic material will be sent prior to the start of the course, so that attendees can review it in advance.
