REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – FIRMS SELECTION)

 

Country: Republic of Uzbekistan

Project name: Institutional Capacity Building Project

Credit No.: IDA 6431-UZ

Assignment Title: Conducting series of trainings for economic and administrative judges on new Competition Law enforcement

Reference No.: AMC-TRAININGCL-CQS

The Ministry of Economy and Finance of the Republic of Uzbekistan has received financing from the World Bank toward the cost of the Institutional Capacity Building Project and intends to apply part of the proceeds for the conducting series of trainings for economic and administrative judges on new Competition Law enforcement (“Services”).

The training program aims to enhance enforcement of the new Competition Law by providing judges with seminars led by local and international experts, strengthening their understanding of prohibited conduct, improving their grasp of economic principles used in competition cases, promoting consistency in judicial decisions, developing their ability to assess quantitative evidence, encouraging cooperation with international counterparts, and fostering a broader culture that supports competition, market efficiency, and consumer welfare.

The Ministry of Economy and Finance of the Republic of Uzbekistan now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services by submitting directly to the piu_mof@mail.ru.

The Qualification requirements for the Consultants are:

- At least 5 years of proven experience in judicial capacity building in competition law or related regulatory areas, preferably for economic and administrative judges.

            - Proven expertise and familiarity with local legal framework of competition law enforcement, including judicial system and procedures of Uzbekistan or preferably comparable jurisdictions and EU, Korea or Japan and availability of qualified local and foreign experts. Experience in similar projects will be a plus.

- Demonstrated ability to design and deliver training programs, including development of curriculum, interactive case studies, training materials, and post-training assessment tools.

            - Capacity to provide training in Uzbek and/or Russian, including simultaneous interpretation for sessions conducted by international experts.

            - Proven experience in post-training evaluation and reporting, including recommendations for strengthening judicial capacity.

            - Organizational capacity to conduct at least 20 training sessions over a three-month period for a minimum of 200 participants, ensuring high-quality delivery and logistical management.

 

The attention of interested Consultants is drawn to Section III of the World Bank’s “Procurement Regulations for IPF Borrowers” July 2016 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.  In addition, please refer to the following specific information on conflict of interest related to this assignment: Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interests of the Ministry of Finance of the Republic of Uzbekistan.

A Consultant will be selected in accordance with the Consultant Qualification Selection (CQS) method set out in the Procurement Regulations.

Further information can be obtained at the address below during office hours from 9:00 a.m. to 18:00 p.m. Tashkent time.

Expressions of interest must be delivered in a written form in English, Russian or Uzbek languages to the address below (in person, or by mail, or by e-mail) by 23 December 2024.

 

Project Implementation Unit under the
Ministry of Economy and finance of the Republic of Uzbekistan

Attn: Sirojiddin Imanov, Manager of the Project

Uzbekistan, 100017, Tashkent city, 29, Istiklol St.

Tel: +998712023113 (05493) /+998903311662

E-mail: piu_mof@mail.ru

 

 

 

 

 

 

 

As part of the EOI, the consultant should include the following information:

 

• Consulting Firm Information

 

Date:	Country of Incorporation:
Consultant Name:	Acronym:
EOI Submission Authorized by:	Position

 

• Associations (Joint Venture or Sub-consultancy)

 

Consultant	Acronym	Country of Incorporation	Joint Venture (JV) or Sub-consultant	EOI Submission Authorized By	Position

 

Present the rationale for and benefits of working in association (JV or Sub-consultant) with others rather than undertaking the assignment independently (as appropriate). Describe the proposed management and coordination approach of the association and the role of each firm.

 

• Technical competence

Project References - highlight the technical qualifications of your entity/consortium in undertaking similar assignments. Provide details of past experiences working with similar project authorities

 

• Geographical experience

 

Project References, present experiences in similar geographic areas.

 

• Management Competence

• Describe standard policies, procedures, and practices that your entity has to assure quality interaction with clients and outputs. Please state if your company is ISO certified.
• How your firm/consortium handles complaints concerning the performance of experts or quality of the reports submitted for previous and future assignments? What internal controls are in place to address and resolve complaints.
• How you ensure the quality of your firm’s/consortium’s performance over the life of assignments.

• Projects references

Present relevant projects to demonstrate the firm’s technical qualifications and geographical experience (maximum 10 projects).

N	Project	Period	Client	Country	Firm
1
2
3
4

 

• Summary for the Projects listed above

 

Project Title
Country / Region
Start Date
Completion Date
Continuous / Intermittent
Client
Funding Source
Description	(indicate your role and input in man-months)

 

• Eligibility

 

We, the undersigned, certify to the best of our knowledge and belief:

 

• We have read the advertisement, including the terms of reference (TOR), for this assignment (YES/NO)

 

• Neither the consulting firm nor its JV member or sub-consultant or any of its experts prepared the TOR for this activity (YES/NO)

 

• We confirm that the project references submitted as part of this EOI accurately reflect the experience of the specified firm/consortium. (YES/NO)

 

• Ensuing assignment resulting from our work product under this assignment, our firm, JV member or sub-consultant, and the expert(s) will be disqualified from short-listing and participation in the assignment.

 

• The lead entity and JV member or sub-consultant are NOT currently sanctioned by or other MDBs. Neither the consulting firm nor the JV member or sub-consultant has ever been convicted of an integrity-related offense or crime related to theft, corruption, fraud, collusion or coercion.

 

 

Terms of Reference
for conducting a series of trainings for economic and administrative judges on Competition Law and Policy

1. Introduction

The Republic of Uzbekistan, in its ongoing efforts to enhance economic competitiveness and regulatory effectiveness, adopted a new edition of the Law “On Competition”, № LRU-850, on July 3, 2023. This legislative update represents a significant step towards aligning the country’s competition policies with international standards and addressing the dynamic challenges of today’s global market environments.

The new law introduces comprehensive revisions and modern provisions aimed at preventing anti-competitive practices, promoting fair market conditions, and ensuring consumer protection. These changes necessitate a thorough understanding and adept enforcement by the judiciary to translate legislative intent into practical impact.

Key revisions and changes introduced in the law include:

1. Transforming Competition Protection and Promotion:
   • Overhauling the system of protection and development of competition;
   • Curbing the market power of large monopolies;
   • Providing legal guarantees to support the entry of new participants into markets;
   • Reducing administrative burdens and operational costs for business entities;
   • Minimizing state participation in the economy;
   • Streamlining the provision of state aid to ensure fair practices;
   • Establishing rational systems for regulating prices and tariffs;
   • Removing barriers to transitioning natural monopoly sectors into competitive market environments;
   • Introducing tools to prevent the restriction of competition;
   • Strengthening legal enforcement measures for violations of competition law, particularly regarding “cartel” agreements and collusions;
   • Implementing the Competition Promotion and Consumer Protection regulations specifically for digital platforms;
   • Ensuring transparency and efficiency in the operations of the Competition Promotion and Consumer Protection Committee of the Republic of Uzbekistan n;
   • Fostering a culture of competition within society and promoting intolerance toward anti-competitive actions.

 

1. Introduction of New Legal Concepts:

The law introduces modern terminology and concepts, including:

• Bargaining power;
• Enterprises with state participation;
• Affiliated persons of enterprises with state participation;
• Digital platforms;
• Coordinated actions;
• Consumer.

1. Revised Criteria for Market Dominance:

The law revises the criteria for recognizing dominance in the commodity or financial market. Dominance is now recognized in the following cases:

• An economic entity or group of persons has no competitors;
• An entity or group controls 40% or more of the market share;
• The entity or group is recognized as a natural monopoly;
• The entity or group holds exclusive rights to manufacture, sell, or purchase specific goods as prescribed by law. Small businesses with an annual revenue of less than thirty-thousandths of the base calculated value are excluded from dominance classification.

1. Simplified Merger and Acquisition Thresholds:

To reduce administrative burdens, the financial threshold for mandatory merger and acquisition approvals has been increased from 100,000 base calculated values (BCVs), equivalent to approximately USD 2.7 million, to 500,000 BCVs, equivalent to approximately USD 13.4 million.

1. Enhanced Scope and Mechanisms:
   • The law expands its scope to cover all types of procurement and trades (including auctions) and strengthens mechanisms to detect violations during bidding;
   • It establishes a legal prohibition of price manipulation during exchange trading ;
   • Draft regulatory legal acts must now be assessed for their potential impact on competition;
   • A “yellow pages” principle has been introduced to limit the creation of state-owned enterprises where the private sector is already present;
   • The establishment of enterprises with state participation now requires prior consent from the the Competition Development and Consumer Protection authority to prevent adverse effects on competition.
2. Inclusion of State Aid in Competition Law:

The law defines “state aid” to include tax and customs benefits, subsidies, grants, state guarantees, preferential loans, exclusive rights, and other privileges such as preferential prices for state property leases and land use.

• A mechanism is introduced to assess the impact of state aid on competition.

1. Introduction of Competition Compliance:
   • The law establishes tools for early detection and prevention of competition law violations within state bodies and businesses.
   • These tools aim to ensure adherence to competition law, identify risks of violations, and prevent them proactively.

The Competition Promotion and Consumer Protection Committee of the Republic of Uzbekistan (hereinafter referred to as the Committee) is responsible for enforcing competition law. This includes creating a level playing field for market participants, ensuring fair competition, and safeguarding consumers from anti-competitive practices. The Committee’s efforts are aimed at fostering a competitive economic environment that promotes innovation, efficiency, and consumer welfare.

In response to these developments, there is a pressing need to equip economic and administrative judges with the knowledge and tools required to effectively interpret and enforce the new law. This training program is designed to meet that need, ensuring that judges are well-prepared to oversee cases involving complex competition disputes and contribute to a fair and thriving economic landscape in Uzbekistan.

 

2. Objectives

The Institutional Capacity Building Project (ICBL) brings together professionals in different areas of public management to develop innovative, integrated solutions
to complex institutional problems. The practice utilizes a problem-driven, diagnostic approach, combining global comparative knowledge of reform successes and failures with a keen understanding of the institutional challenges and opportunities of developing countries.

The Competition Promotion and Consumer Protection Committee of the Republic of Uzbekistan (hereinafter referred to as the Committee) is a recipient under Component 3: Improving Support Mechanisms for Reforms, Technical Assistance to Regulatory Agencies and Other Public Sector Agencies performing economic regulatory functions.

A key component of this project is the specialized training conducted by distinguished consultants. The Contractor possessing a thorough knowledge of Uzbekistan’s legislation, as well as extensive international experience will lead seminars that incorporate global perspectives and practices. This aspect of the training aims to introduce innovative approaches and methodologies that have been successful in other jurisdictions and will facilitate seminars that delve into national laws and their application in economic contexts. These sessions are designed to provide participants with a deeper understanding and practical skills necessary to navigate the complexities of local economic regulations.

The objectives for conducting a series of trainings for economic and administrative judges on the enforcement of the new Competition Law are as follows:

1. Conduct a Series of Seminars by Local and International Experts

Organize seminars led by experts to provide comprehensive insights into the new Competition Law and its enforcement.

1. Raise Awareness of Judges on the Competition Law

Equip judges with the knowledge to make fair and informed decisions regarding actions deemed unlawful under the Competition Law.

1. Enhance Judges’ Understanding of Economic Principles in Competition Law

Provide training on economic concepts relevant to competition cases to improve judicial analysis and decision-making.

1. Foster Consistency in Judicial Decisions

Promote uniformity in the application of competition law principles across different cases and jurisdictions.

1. Develop Skills in Assessing Quantitative Evidence

Train judges to effectively evaluate economic and quantitative evidence presented in competition cases.

1. Encourage International Cooperation and Knowledge Sharing

Facilitate exchanges with international counterparts to share best practices and experiences in competition law enforcement.

1. Promote a Culture of Competition

Instill an understanding of the importance of competition law in promoting market efficiency and consumer welfare.

These objectives aim to ensure that judges are equipped with the necessary knowledge and skills to enforce the new Competition Law effectively and in alignment with international best practices.

3. Scope of work

To achieve the objectives outlined in Section 2, the services of a consultancy contractor or a consortium of consultancy companies (hereinafter referred to as the “Contractor”) will be required. The Contractor shall carry out the following tasks:

3.1. The Contractor will conduct a needs assessment to evaluate the judges’ understanding of the new competition law and its practical application. This will involve surveys and interviews to identify areas where judges require further clarity. The contractor will also review recent cases involving competition law to pinpoint any inconsistencies or gaps in enforcement. Additionally, consultations will be held primarily with the Committee, as well as other relevant stakeholders, including competition law experts, legal practitioners, and government bodies, to ensure that the training program addresses all relevant gaps and issues.

3.2. Development jointly with the Committee of the training curriculum, training plan, and agreement on the selection of the scope of supervised work based on the assessment.

(a) Specific topics will be based on the provisional training programme provided in Annex 1 to these Terms of Reference and can be changed according to the needs of stakeholders. The contractor's consultants will collaborate with the Committee to design a detailed curriculum and delivery plan that ensures the training program fully meets the needs of judges while aligning with the Committee's expectations. The Committee may request the WB advice as needed.

3.3. Delivery of a training program on competition law and economics. The series of training sessions will be conducted over a period of three months, targeting at least 200 economic and administrative judges. (The Contractor should deliver 20 training sessions; each session will last around 3 hours, with a 20-minute break, amounting to a total of 60 hours of training.)

(a) While the final detailed curriculum will be developed by the Contractor and presented for approval by the Committee, it is expected that each module should include relevant interactive case studies demonstrating the application of the concepts in practice, drawing from international best practices, including examples from advanced jurisdictions.

(b) To increase the efficiency of the training events, the training sessions will be conducted mainly offline. Only in special cases, as agreed with the Committee, the Contractor will provide online links for a limited number of participants.

(c) The consultancy contractor will engage various niche specialists, as informed by the needs assessment and agreed with the Committee, as the new competition law encompasses multiple areas, including digital markets, state aid, natural monopolies, and market dominance. This multidisciplinary approach will ensure comprehensive coverage of all aspects of the new competition law.

3.4. Post-training assessment of the impact of the training programs on enhancing the capacity of economic and administrative judges on the enforcement of the new Competition Law.

(a) Undertake an assessment of the capacity, knowledge, and skills of economic and administrative judges in areas covered by the program immediately following the training program. The Contractor's consultants will propose the optimal assessment methods for the skills covered during the training and present these methods to the Committee for approval in advance. This assessment will include case tests for judges, reflecting real-world scenarios to evaluate the application of the competition law in practice. The case tests are an integral part of the assessment method and will be used to inform the final report.

(b) Provide a final report (the Final Report) on the extent to which the training program had the desired impact in terms of enhancing the knowledge and skills of economic and administrative judges in handling competition issues and strengthening their capacity to review cases and make informed decisions. Include recommendations for the further enhancement of the skills and capacity of economic and administrative judges in their roles.

(c) The final report shall include qualitative and quantitative assessment results and recommendations for integrating competition law modules into national judicial training programs.

3.5. The Contractor will provide Uzbek or Russian versions of the relevant background materials and slides used as part of this training program.

3.6. Language and Interpretation Services. If an international expert participating in the program speaks a language other than Uzbek or Russian, the Contractor will arrange translation services. The interpreter, along with the translation of the consultants’ lectures, will ensure that the documentation is maintained in Uzbek/Russian to facilitate effective learning for all participants. All training sessions will prioritize delivery in Uzbek or Russian to accommodate participants effectively.

4. Contractor Qualification Requirements

4.1 The Contractor shall demonstrate the following qualifications and experience to be eligible for this assignment:

1. At least 5 years of proven experience in judicial capacity building in competition law or related regulatory areas, preferably for economic and administrative judges.
2. Proven expertise and familiarity with local legal framework of competition law enforcement, including judicial system and procedures of Uzbekistan or preferably comparable jurisdictions and EU, Korea or Japan and availability of qualified local and foreign experts. Experience in similar projects will be a plus.
3. Demonstrated ability to design and deliver training programs, including development of curriculum, interactive case studies, training materials, and post-training assessment tools.
4. Capacity to provide training in Uzbek and/or Russian, including simultaneous interpretation for sessions conducted by international experts.
5. Proven experience in post-training evaluation and reporting, including recommendations for strengthening judicial capacity.
6. Organizational capacity to conduct at least 20 training sessions over a three-month period for a minimum of 200 participants, ensuring high-quality delivery and logistical management.

5.      Assignment Implementation

5.1. The Committee, in cooperation with the Academy of Justice under the Supreme Judicial Council of the Republic of Uzbekistan, will designate CPCPC staff to guide the Contractor and facilitate coordination for the training program. The Academy of Justice under the Supreme Judicial Council of the Republic of Uzbekistan, will identify participants in the training sessions and provide relevant information regarding their professional and educational backgrounds upon request.

5.2. The training program will be delivered in person. The Contractor will be responsible for providing simultaneous interpretation. Additionally, the Contractor will ensure video recordings of each training module are made available, along with background materials and slides, in Uzbek or Russian.

5.3. The Contractor shall provide suitable and comfortable premises for conducting the training sessions, accommodating the number of participants effectively. If necessary, the premises may be rented to ensure that the facilities meet the required standards for a conducive learning environment.

6. Deliverables and project schedule.

6.1 The schedule of activities and deliverables is set out below (with an indicative timeline). The activities are expected to start in Q1 2026 and last for up to six months (subject to further consultation and confirmation of the final curriculum by the Committee). The timing below assumes continued support and commitment from the Committee and its staff. The timetable also depends on contractual and administrative procedures.

6.2 The project shall start with a kick-off meeting, in which all key parties – the Committee, the Academy of Justice, and the selected consultancy contractor – will participate.

 

 

 

		Preliminary timeline
	Kick off meeting to agree on the implementation plan and key milestones	Within one (1) week after contract signing
.	The assessment to evaluate the judges’ understanding of the new competition law and its practical application.	According to the agreed timeline and the final curriculum.
3.	Inception report with the detailed training curriculum, planned timeline for the assignment, and proposed method for the post-training assessment of its outcomes	Within two (2) weeks after completion of the training needs assessment
.	Delivery of the training programme (and the relevant training material)	According to the agreed timeline and the final curriculum
	Final report assessing the impact of the programme on the capacity of economic and administrative judges and recommendations on further enhancement of their capacity	According to the agreed timeline, but no later than one (1) month after the delivery of the final training activity

 

6.3 No deliverables will be considered final until approved by the Committee as of an acceptable quality.

6.4 Organizational meetings as part of this assignment are expected to be conducted in Uzbek/Russian and English. Depending on the needs of the participants from the Committee, the contractor will provide interpretation from English to Uzbek/Russian.

7. Confidentiality

The Contractor agrees to strict confidence with respect to their findings, information given by the national stakeholders, or the WB. WB may decide to make the information available to other interested parties on a case-by-case basis. The Contractor shall also adhere to the Law “On Combating Corruption” No. ЗРУ-419 dated 3 January 2017 and relevant codes of ethics applicable to interactions with the judiciary and public authorities

8.Intellectual Property Rights

All intellectual property rights related to the training program, including all materials, curricula, and any other content created or developed for the program, shall exclusively belong to the Committee.

 

 

1. Payment Schedule (Proposed)

The payment for the services rendered under this Assignment shall be made in stages, based on the completion and approval of specific deliverables. The payment structure shall be as follows:

1. 20% — upon completion and approval of the Training Needs Assessment (Deliverable №2) and submission of the corresponding report.
2. 30% — upon submission and approval of the Inception Report, including the detailed curriculum, methodology, and training plan (Deliverable №3).
3. 40% — upon delivery of all training sessions and submission of the associated training materials (Deliverable №4).
4. 10% — upon submission and approval of the Final Report, including the assessment of the training impact and recommendations (Deliverable №5).

All payments will be made within 15 calendar days following the Committee’s written confirmation of acceptance of each deliverable. No payment shall be due until the Committee has formally approved the deliverable as meeting the quality standards set out in Section 6.3 of this ToR.

 

Annex 1.

Provisional Programme
of Judges Training on Competition Law and Policy

Module 1: Foundations of Competition Law and Policy

Session 1: Introduction to Competition Law and Policy

• Topic: The economic rationale behind competition law, its history, and its role in a market economy.
• Uzbekistan Focus: Discuss the transition from a planned to a market economy and the genesis of competition law in Uzbekistan, including the key objectives of the new Law "On Competition" (2023).
• Case Study: The Uzbekistan Western Union case regarding exclusivity clauses, showing how competition enforcement can lead to lower prices and increased market entry.

Session 2: The Competition Development and Consumer Protection Authority and Judicial Review

• Topic: The powers and functions of a competition authority, the judicial system's role in reviewing its decisions, and the standard of review.
• Uzbekistan Focus: In-depth examination of the Competition Development and Consumer Protection Committee (CPCPC)—its structure, enforcement powers, and relationship with the judiciary.
• Best Practices: Review best practices for judicial oversight of administrative agencies, ensuring procedural fairness and due process.

Session 3: Key Economic Concepts for Judges

• Topic: Basic microeconomic principles relevant to competition law, including supply and demand, market structure, and the concept of "relevant market."
• Uzbekistan Focus: Apply these concepts to the specific market dynamics of Uzbekistan, including the prevalence of state-owned enterprises (SOEs).
• Case Study: A hypothetical case on defining the relevant market for a specific product or service in an Uzbek city, considering both geographic and product dimensions.

Module 2: Anti-Competitive Agreements (Cartels)

Session 4: Prohibited Agreements and Their Legal Framework

• Topic: Understanding anti-competitive agreements, specifically horizontal agreements like price fixing, market allocation, and bid rigging.
• Uzbekistan Focus: Analysis of Article 13 of the Uzbek Law "On Competition" and the specific prohibitions on cartels.
• Case Study: A mock cartel case involving two construction companies in Tashkent that secretly agree to fix prices for government tenders.

 

 

Session 5: Evidence and Proof in Cartel Cases

• Topic: The types of evidence used to prove a cartel, including direct evidence (emails, recordings) and indirect evidence (economic analysis, parallel pricing).
• Uzbekistan Focus: The standards of proof required under Uzbek law and the procedural rules for handling sensitive evidence.
• Case Study: A detailed review of a real or hypothetical cartel investigation in Uzbekistan, demonstrating how circumstantial evidence can be pieced together to prove an agreement.

Session 6: Leniency Programs and Sanctions

• Topic: The importance of leniency programs as an enforcement tool, and the legal and financial sanctions for cartel behavior.
• Uzbekistan Focus: The specifics of the leniency program established by the Competition Development and Consumer Protection Committee and the legal consequences for participating in a cartel, including administrative and financial fines.
• Best Practices: A comparative review of successful international leniency programs to highlight best practices.

Module 3: Abuse of a Dominant Position

Session 7: Defining and Assessing Dominance

• Topic: The concept of a dominant position in a market, how it's assessed, and the difference between dominance and monopoly.
• Uzbekistan Focus: The new thresholds for determining dominance under the 2023 law, including the concepts of a "dominant position" and "superior bargaining power."
• Case Study: An analysis case in Uzbekistan, focusing on how a company can use its market power to exclude competitors.

Session 8: Abusive Practices (Exclusionary and Exploitative)

• Topic: A deep dive into various types of abuse, such as predatory pricing, refusal to deal, tying, and exclusive dealing.
• Uzbekistan Focus: Examination of the specific prohibited abusive behaviors listed in the Uzbek law and their application to local markets.
• Case Study: A case study on an SOE or a dominant private  company in a key sector (e.g., telecommunications or energy) and allegations of exploitative or exclusionary conduct.

Session 9: Justifications and Efficiencies

• Topic: The limited circumstances under which a dominant firm's conduct can be justified, such as for efficiency gains or in pursuit of a legitimate business objective.
• Uzbekistan Focus: Discussing the legal framework for justifications under Uzbek law and the burden of proof for the dominant firm.
• Case Study: A case where a dominant firm defends its actions on the grounds of efficiency, and judges must weigh this against the potential harm to competition.

Module 4: Merger Control

Session 10: Introduction to Merger Control

• Topic: The rationale for merger control, the types of transactions subject to review, and the procedural aspects of pre-merger notification.
• Uzbekistan Focus: The new merger control thresholds and procedures under the 2023 law and the role of the Competition Development and Consumer Protection Committee in approving or prohibiting mergers.
• Best Practices: A look at international best practices for merger review, including the role of economic analysis.

Session 11: Substantive Analysis of Mergers

• Topic: The substantive standards for analyzing the competitive effects of a merger, including the "substantial lessening of competition" test.
• Uzbekistan Focus: Applying the substantive test to the Uzbek context, considering the impact on prices, quality, and innovation.
• Case Study: A mock merger case between two rival companies in the consumer goods sector, where judges must evaluate the potential for anti-competitive harm.

Session 12: Remedies and Conditions

• Topic: The different types of remedies the competition authority can impose to mitigate the anti-competitive effects of a merger (e.g., divestitures, behavioral remedies).
• Uzbekistan Focus: The types of remedies available to the The Competition Development and Consumer Protection Committee and the legal basis for judicial review of these remedies.
• Case Study: A case where the committee proposes a remedy, and the merging parties challenge it in court.

Module 5: State Aid and Competition Advocacy

Session 13: State Aid and its Impact on Competition

• Topic: The concept of state aid, its potential to distort competition, and the international frameworks for its regulation.
• Uzbekistan Focus: The role of SOEs and the new provisions in the 2023 law regarding state participation and its impact on competition.
• Best Practices: Lessons from other jurisdictions on how to manage state aid and ensure a level playing field.

Session 14: Competition Advocacy

• Topic: The role of the competition authority in advocating for pro-competitive policies across government departments.
• Uzbekistan Focus: The legal basis for the Competition Development and Consumer Protection Committee's advocacy role and its activities in influencing policy and legislation.
• Case Study: An example of a successful or unsuccessful competition advocacy effort by the committee in a specific sector (e.g., public procurement or licensing).

Session 15: The Digital Economy

• Topic: The unique challenges of applying traditional competition law concepts to the digital economy, including platform dominance and data-driven markets.
• Uzbekistan Focus: Examination of the new provisions on digital platforms and the "superior bargaining power" concept in the 2023 law.
• Case Study: A case on a large digital platform in Uzbekistan, exploring issues like data usage, network effects, and exclusive content.

Module 6: Judicial Procedure and Enforcement

Session 16: Competition Litigation and Judicial Review

• Topic: The procedural rules and best practices for managing competition cases in court, including the use of expert witnesses.
• Uzbekistan Focus: The specific procedural rules and court practices for reviewing The Competition Development and Consumer Protection Committee decisions.
• Best Practices: Discussions on "judicial economy" in handling complex competition cases and the role of specialized courts or judges.

Session 17: Civil and Criminal Enforcement

• Topic: The distinction between administrative, civil, and criminal enforcement of competition law.
• Uzbekistan Focus: The framework for imposing fines and damages under Uzbek law and the potential for criminal sanctions for serious cartel violations.
• Case Study: A hypothetical scenario where a firm's anti-competitive conduct leads to both an administrative fine and a private damages claim from a competitor.

Session 18: Remedies and Damages

• Topic: The legal principles for calculating and awarding damages in private competition litigation.
• Uzbekistan Focus: The provisions in the Uzbek law regarding compensation for damages caused by anti-competitive behavior.
• Case Study: A mock trial on a damages claim, where judges must assess the evidence and determine the appropriate amount of compensation.

Module 7: Special Topics and Review

Session 19: Unfair Competition and Consumer Protection

• Topic: The overlap between competition law and consumer protection, focusing on issues like misleading advertising and unfair commercial practices.
• Uzbekistan Focus: The legal relationship between the Competition Development and Consumer Protection Committee and other consumer protection agencies and a review of the relevant legal provisions.
• Case Study: A case involving a firm accused of both anti-competitive and consumer-harmful conduct.

Session 20: Program Synthesis and Mock Trial

• Topic: A capstone session to review key concepts from the entire program.
• Uzbekistan Focus: A comprehensive mock trial where judges work in groups to preside over a complex competition case, integrating all the knowledge gained throughout the training.
• Best Practices: Expert feedback on the judicial decisions and a final Q&A session to address any remaining questions.