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Women in the Asia-Pacific region are spending more as they become empowered from higher workforce participation, higher incomes and greater financial inclusion. It is estimated that women could deliver one-fifth of additional consumption growth in Asia. Given that female consumers represent a large customer group, are women more likely to be harmed from companies engaging anti-competitive behaviour? Are women at risk of facing higher prices or poor service quality? Some economic studies suggest that there can be significant differences in consumer behaviour by gender. Should we start looking at competition policy with a gender lens? Drawing on their experience in the Asia-Pacific, we asked leading competition experts for their views and here is a summary of what they said in a webinar. 

1. Does competition policy need a gender lens?

Nadia explained that competition policy does need a gender lens. She first started thinking about gender when she was a trade negotiator. Working on the competition policy chapters of Canada’s free trade agreements, she was asked to think about gender effects because the Government of Canada was implementing gender-based analysis government-wide. At the time, she hadn't really ever thought about gender and competition but found a blog by an OECD researcher suggesting that gender could have an impact on both sellers and consumers in markets. Seeking guidance, Nadia and the team reached out to the OECD, marking the commencement of the OECD Gender Inclusive Competition Policy Project. Following extensive research, the OECD project team introduced a toolkit, with a checklist, to assist competition authorities consider gender in their work. "There are a few interesting key insights. The first one is that gender is a relevant feature worth considering in competition analysis. The second is that a gender analysis helps competition authorities make better and more tailored decisions. The next one that is really critical, is that you need disaggregated data." 

2. Women as consumers make over 80% of household decisions on a daily basis. Which industries/sectors could benefit from a competition assessment with a gender lens? 

Anisha shared that a gender lens could benefit all industries, particularly healthcare, retail, finance, womenswear, beauty and wellness. She highlighted two cases from India. In one case, there were allegations of a cosmetics company abusing its dominance by entering into franchise agreements with beauty salons. The market was defined as beauty and wellness salons exclusively catering to women, demonstrating that Indian competition law can consider consumer preferences through a gender lens. Another case involves banks colluding on differential rates for different types of borrowers. "They didn't unfortunately look at female borrowers. Perhaps the outcome could have been different if the investigation had looked at it from a gender lens."

Nicole believes that competition is instrumental in achieving economic justice and traditional competition policies often overlook or inadvertently reinforce gender disparities within industries and markets. "By adopting a gender approach, competition policy can better address and rectify these imbalances rather than aggravating them."  Nicole proposes prioritising sectors or markets that boost female workforce participation. In Malaysia, female labour force participation is only 56.2% compared to 82.8% for men. Nicole recommends that competition authorities concentrate their efforts on conducting market studies or investigations into markets offering alternatives to household services typically performed by women, like unpaid care work. Nicole believes that two objectives can be achieved. "First, we ensure the availability, affordability and high quality of such substitutes and thereby ensure market efficiency for such markets. Secondly, it boosts female engagement in the labour force. We release more women to work in the formal labour market and thereby improve our country's GDP. It will be a double dividend, killing two birds in one stone for Malaysia."

Nadia shared that there are legal barriers in some countries that make it difficult for women to access finance. Competition authorities conducting market studies or assessments can help identify these legal barriers which can only be overcome through law reform. Nadia also highlighted that the OECD research found gender differences in transport infrastructure. Men and women tend to get around in different ways, as women tend to walk or use public transport. "A gender assessment could help make sure that everyone has access to good transport infrastructure to get from point A to point B."

3. What types of competition cases could benefit from a gender lens? How can it be used in the competition analysis?

Anisha shared that a gender lens could improve the competition analysis but that a blanket requirement is premature "one needs weigh the benefits of doing a gender analysis and see how that weighs against, let's say, investigation timelines." Anisha presented two examples from India where a gender lens could have resulted in different outcomes. One is a merger involving fragrances and whether there should be a different market for male and female fragrances. Due to supply-side substitutability, a single market was defined. The second case is a merger between two large broadcasters. The Hindi general entertainment channel was segmented by the type of content. Anisha explained that the analysis could have yielded different results if there was a narrower segmentation where the content is targeted to different genders. 

Nicole highlighted that the Malaysia Competition Commission (MyCC) looked at the services sector for certain products including personal care, toiletries and clothing. Based on the market review report, her view is that a gender approach was taken to some extent, as the data was collected and separated according to gender. Nicole suggests that MyCC could have gone even further and examined its relevance in market definition and effects analysis. Nicole’s view is that "products differentiated by gender may sell for different prices" and further questions could have been asked. 

4. In Asia, we have a lot of SMEs, particularly Micro-SMEs owned by women. Should we be conducting outreach activities with a gender approach? 

Nicole explained that 97% of the businesses in Malaysia are SMEs contributing 8.4% to the country's GDP. But women-owned SMEs make up only 20% of total SMEs. Female entrepreneurs in Malaysia face a number of challenges and unsupportive rules and norms. Nicole shared that in Malaysia there are factors that constrain women's access to finance, including their ability to meet collateral requirements, provide financial records and complete loan applications, as well as a skepticism towards women-owned businesses in Malaysia. "We need to have a very targeted approach when it comes to encouraging more women to participate in SMEs in Malaysia." 

Anisha presented that in India, about 80% of micro-SMEs are controlled and registered in the name of men. The remaining 20% are often registered in the name of a woman to get tax benefits but are ultimately run by men. Anisha shared that while competition authorities have a duty to make their outreach targeted, it's not one institution's job. "Everybody has to play their part.  There has to be mindful policy making and mindful reforms." Anisha suggests more diversity and inclusion compliance programs where competition authorities could focus on training SMEs about the benefits of encouraging diversity. "We could explain, through case studies or through data that diversity can actually make you competitive and profitable." Anisha highlighted that there are case studies which prove that entities which have more diverse boards commit fewer financial frauds as they're more compliant with the law.

5. Has Australia specifically included gender in their prioritisation guidelines? 

Nadia explained that in an Australian context gender factors into their public priorities related to vulnerable consumers. Australia has priorities around First Nation consumers. Therefore, gender isn't explicitly mentioned in Australian competition law but could be factored into the authority’s broader diversity goals. "I know that a number of authorities do think quite alot about vulnerability, which gives them the option to consider gender but also broader diversity considerations in their work."

6. How important is it to have women working in competition policy. Do you think there is a 

need for greater representation and if yes how can we encourage more women in this area?

Nicole presented that Malaysia has about 38.8% of women represented in senior public service. In the private sector, only about 21% of public listed companies have at least 30% of women on the board of directors. Nicole says that one way to encourage more women to be involved in policy and decision making is to mainstream gender considerations. "I think it's also not restricted to competition policy alone, but it extends across the entire spectrum of policies and regulations in Malaysia." The other way is to set gender specific targets to create a roadmap for progress. However, Nicole stresses that the target must go beyond a mere statistical representation. "It’s about fostering an environment where women feel empowered to contribute meaningfully to enhance the quality of policies. This requires addressing systemic barriers, providing mentorship opportunities, and creating platforms for women to showcase their expertise." 

Anisha highlighted that there are many senior women at the competition authority in India and so there may be more socio-economic considerations being taken up and addressed by the authority. As far as private sector is concerned, Anisha shared that India is seeing a massive impetus to diversity hiring, but women in senior leadership are still underrepresented. Anisha recommends bias training to "inspire a more meaningful and more lasting change as a community, as a society, as a policy." 

About the Speakers

Nadia Vassos, Director, Australian Competition and Consumer Commission

Nadia Vassos is a Director in the Consumer and Compliance Strategies Branch at the Australian Competition and Consumer Commission (ACCC). She leads the ACCC’s work on enforceable undertakings and contributes to several international projects. These include promoting agency effectiveness within the International Consumer Protection Enforcement Network, working with the Organisation for Economic Co-operation and Development’s Competition Committee on the Gender Inclusive Competition Policy project, and is also a member of the United Nations Conference on Trade and Development’s Working Group on Consumer Protection and Gender. 

Nicole Leong, Principal, Wen & Co

Nicole is a competition lawyer. Besides assisting companies in strategizing and defending investigations, handling representations before the Competition Commission, the Competition Appeal Tribunal and the Courts for competition matters, Nicole works with companies on complex competition law advisory and business strategy. She also advises regulators on competition related issues. Nicole speaks regularly in seminars and training sessions on competition topics. Before founding Wen & Co, a competition boutique, Nicole worked as a partner specialising in competition law at a law firm in Kuala Lumpur and played an instrumental role in many major and precedents-setting competition matters. 

Anisha Chand, Partner, Khaitan & Co 

Anisha Chand is a Partner in the competition / antitrust law; and data privacy and protection practice groups in the Mumbai office. Anisha advises on a full spectrum of competition matters, including cartel, abuse of dominance, and merger control. She is a qualified CIPP/E professional and advises on all areas of privacy/ protection as well as cyber security. She regularly speaks at international and domestic conferences on competition law issues organized by CII, Assocham, Bombay Chambers of Commerce, IBA. She is passionate about teaching and regularly takes courses on competition law in various colleges in India. Her expertise has been consistently recognized in international and domestic publications such as Chambers and Partners, Whos Who Legal, etc. 

Nimisha Tailor, Competition and Regulation, E-nomics

Nimisha Tailor is a competition and regulation specialist with international experience. She is the founder of E-nomics, a boutique economics consultancy, helping organisations navigate policies and regulations to compete, innovate and internationalise in an inclusive and sustainable manner. Nimisha has experience of advising large tech companies, central banks, think tanks and international organisations (World Bank, OECD) in the areas of digital economy, digital finance, digital trade in Asia Pacific, the United States and Latin America. Previously, she was Deputy Director at the Competition and Consumer Commission of Singapore and has worked at competition authorities in the United Kingdom, New Zealand and Australia.