Executive summary
Competition contributes to economic growth, innovation, and productivity, driving overall economic recovery but it can also contribute to gender equality. By actively incorporating gender considerations into their daily work, competition authorities have the potential to improve the effectiveness and impact of their initiatives while fostering a more competitive, resilient, and inclusive economy.
The Toolkit explores ten different ways of applying a gender lens to competition policy which are summarised below and explained in more detail in Annex A.
1. Gathering data helps understand when and how diverse groups of people are harmed disproportionately by anti-competitive behaviours
Competition authorities require disaggregated data to understand when and how diverse groups of people are harmed disproportionately. Gendered data is a good starting point. However, having a broader set of data is even better, as additional demographic data can be used to control for other characteristics.
2. The use of surveys is key to better understanding consumer behaviour
Surveys can be used to better understand consumer behaviour, including factors such as: what product attributes are most valued; if there are differences in frequency of buying and differences in volume bought; price sensitivity and awareness; and overall switching levels. Collecting a range of data enables an authority to focus on certain characteristics and control for others. It is important to collect information on additional identity factors, as this can be used to control for various characteristics and confirm if an effect in a market is due to gender, or some other identity factor. Use and design surveys to gather disaggregated data for a range of identity factors, including gender.
3. Applying a gender lens to market definition and competitive effects analysis shows who is affected by anticompetitive conduct and to what extent
Thinking about market definition and competitive effects analysis along gendered lines helps competition authorities understand who is affected by anticompetitive conduct and to what extent. It is then possible to evaluate whether one group of consumers is better off than another, and if that needs to be corrected or prevented. Gender can influence consumer preferences, for example whether a consumer sees a product as complementary or substitutable; price-sensitivity; and switching behaviour.
4. Tailoring remedies correct or offset harm to a specific disadvantaged group
More effective consumer remedies are a result of a better understanding of who is harmed. Competition authorities could consider differences in behaviour, to determine the level of harm for specific groups and tailor remedies to correct or offset that harm. Competition authorities can also consider outcomes that target and improve the consumer welfare of the most negatively affected groups.
5. Consider gender diversity in cartel investigations: Review the homogeneity of groups suspected of cartel behaviour and factor gender into forensic cartel analysis to aid in detecting cartelists
Cartels are often formed through the social interactions of people, who gather and exchange information seeking to replace competition with co-operation. When investigating and interviewing potential cartelists, competition authorities should seek to understand the broader range of interactions and history between suspected individuals and the gender dimension of those interactions.
6. Include gender considerations in compliance and advocacy
Industries that incorporate significant socialisation in the margins of business meetings, where participants are more homogenous and have repeated participation over time, will be at increased risk of cartel behaviour. Firms that opt to change representatives and pay attention to gender balances may be able to reduce the risk of cartel behaviour.
7. Consider diversity and inclusion at the institutional level of competition authorities
Competition authorities could benefit from a diverse workforce for many of the same reasons boards do. Those making important decisions benefit from a diversity of perspectives, and this leads to better governance.
8. Target stakeholder engagement to ensure inclusivity
Creating a two-way flow of information with relevant groups of stakeholders helps authorities to understand the impact of their work and decisions. This dialogue could lead to better or more complaints or tips for enforcement or compliance activities to address conduct affecting women.
9. Prioritisation decisions that are preventing women from gaining market access
Competition authorities have limited resources and need to prioritise some matters over others. Competition authorities can incorporate in their priorities enforcement and compliance work that address barriers that prevent women from gaining market access.
10. Apply a gender lens to ex-post evaluation
Ex-post evaluation is an important tool for understanding the impact of earlier work, including if an intervention achieved the intended objective, and if not, why it failed. Ex-post evaluation may reveal approaches and methods of analysis that are useful for gendered analysis and could be used in future matters.
