Background 

The ASEAN Member States (AMS) are committed to promoting fair business competition at the regional and national levels. The ASEAN Competition Action Plan (ACAP) 2016-2025 charts the direction of Competition Policy and Law (CPL) in ASEAN towards strengthening national legislation and institutions, converging competition rules and pursuing joint enforcement efforts in the medium to longer term.

Under the new ACAP 2025, at least 2 (two) peer reviews are set to be conducted in ASEAN by 2025. In order to achieve this outcome, a guidance document that outlines the general rationale and objectives, along with the substantive and operational considerations for peer review activity is already developed.

The main task of the ASEAN Consultant is to lead and undertake pilot peer review on Malaysia Competition Commission’s (MyCC) advocacy activities and to be supported by an existing Japanese consultant and an ASEAN consultant. The leading role of this ASEAN consultant will be part and parcel of all the existing and future agreements in relation to this project. To achieve this task, the consultant shall undertake the following: 

1. Conduct a pilot peer review on MyCC’s competition advocacy activities based on the Peer Review Guidance Document. This activity includes consolidating and assessing data collected from conducted survey and interviews, conduct further survey and interviews (if necessary), analysing the effectiveness of the advocacy activities, providing recommendations, and drafting the final report and project completion report.
2.  Present the final draft report of the pilot peer review to the AEGC and revise the draft should there be further inputs from AEGC members.

Duration 

From mid of February to the end of October 2022: complete the pilot peer review on MyCC’s competition advocacy activities.

Needs and Objectives

The result of this peer review activity is expected to provide recommendations to the AMS in helping them to improve the implementation of their competition law and related regulations through the enforcement of competition advocacy, including their institutional design and how they work across government and other competition authorities.

Expected Outputs

The outputs of this project include the following:

1. Pilot Peer Review conducted on MyCC’s competition advocacy activities, its final report and presentation to the AEGC; and
2. Project Completion Report.

Qualifications

1. Hold a Master, preferably PhD degree, on law, communications, social science or development studies;
2. Extensive knowledge in competition policy and law (preferably);
3. Substantial work experience in the field of competition policy and law preferably in ASEAN and in one or several AMS;
4. Over 10 years of in-depth experience in international research (preferably);
5. Thorough understanding of ASEAN is needed, and willingness to adapt with ASEAN Secretariat procedure is required;
6. Familiarity with the prevailing condition and environment, particularly in competition policy and law in ASEAN;
7. English proficiency and good report writing skills are prerequisites. Any proofreading needs requested by the client is included into the service;
8. Ability to communicate and work as a team; and
9. Based or domiciled in Malaysia.

(Civil servants and government officials are not eligible to apply)

Reporting

The consultant is expected to produce reports in accordance with Section IV above. The timing of delivery is indicative and can be adjusted when the consultant’s work plan is developed, subject to mutual agreement.

All reports will be submitted to the ASEAN Secretariat and the Indonesia Competition Commission (KPPU) through PT. Misha Cipta Nusantara (Implementing Agency). All outputs and reports must be suitable for publication, although the decision on publication lies with the ASEAN Secretariat.

Bidding 

Interested consultants are invited to submit a proposal (in English) in response to this Terms of Reference (5 pages max). It should cover the following:  

The proposal should present the following information:

• A brief discussion indicating the bidder’s understanding on the needs of the project;
• A brief analysis of key issues;
• A methodological discussion of how the bidder proposes to address those needs including assessment of key issues, analytical strategies that will underlie the project, specific tools/ methods/ techniques to be utilised, and practical discussion of possible limitations in carrying out the project;
• A detailed work plan that specifies activities to be undertaken, expected outputs and deliverables, resources to be utilised and timing;
• A discussion on what measures to ensure the future sustainability of the outcomes of the project will be addressed;
• Brief CV of bidder; and
• Brief discussion of past experience in undertaking similar work and brief summaries of all projects undertaken.

Scope of Services

The consultancy will be undertaken from mid of February – October 2022. Work will commence immediately after contract signing.

Consultancy Fee

USD 16,383.00 (all in) to conduct a pilot peer review on one AMS to be paid in tranches based on the achievements of the following milestones:

• Draft of the pilot Peer Review Report: 30%
• Submission of the Project Completion Report and final report of the pilot Peer Review: 70%.

Submission of Application

Applicants should send via email jaif.ia@mcn.co.id their application with a cover letter, materials specified in Section IX above and other supporting documents to Ms. Dewi Prasatya, indicating “The Undertaking of Peer Review” as the subject no later than 25 February 2022 5:00pm (Jakarta time). Please note that only short-listed candidates will be notified.

Any queries on the TOR should be sent to with the subject line: ”Query - The Undertaking of Peer Review”.

Project Management 

The project will be funded by the Japan ASEAN Integration Fund (JAIF) and managed by the KPPU and PT. Misha Cipta Nusantara (Implementing Agency). The Consultant should be responsible for organising and conducting the scheduled activities in collaboration with the host countries, PT Misha Cipta Nusantara and the ASEAN Secretariat.