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Sound policy outcomes are better assured when decisions by the competition authority are not politicized, discriminatory or implemented on the basis of narrow goals of interest groups. Hence, it is widely accepted that competition authorities should be insulated from undue political interference. Thus, the independence of competition authorities is often defined as their distinct legal personality and structural separateness from Government. In addition to defining the authority’s structure, enabling legislation usually prescribes functions, powers, the manner in which members of management and staff are to be appointed, their tenure and removal, and how the authority is to be financed, often providing financial autonomy. This also includes its obligations with respect to transparency, confidentiality and the possibility of recourse. Even when the law is quite explicit, “de-facto” practice may deviate from the “de-jure” letter of the law. Independence should, therefore, be considered in terms of degrees of independence rather than as absolute independence. This publication examines the degree of independence and transparency which the MENA Project countries, which have competition laws, have inscribed within their legislation and to a certain extent, how this is implemented in actual enforcement practice, taking into consideration the general trends of this particular subject, as observed worldwide.

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