EU-China Seminar on Innovation and Competition in the IT sector

26 June 2012
Beijing Regent Hotel, 2nd Floor, Ball Room
(99 Jinbao Street, Dongcheng District, Beijing 100005, China)
Moderator: Mr ZHAO Tianwu, Director-General of Electronic Intellectual Property Center (EIPC), Ministry of Industry and Information Technology (MIIT)
08:45-09:20: Opening Session
Mr HONG Jingyi, Director-General of Electronic Technology Information Research Institute (ETIRI),  Ministry of Industry and Information Technology (MIIT)
Dr Alexander ITALIANER, Director-General of DG Competition, European Commission, Brussels, Belgium

Moderator: Dr Stanley WONG, Special Advisor on Competition Policy, EU-China Trade Project (II)

Session I Reconciling Promotion of Innovation and Competition Policy in the IT Sector
09:25-09:45 Innovation and Competition Policy: The Global Perspective, by Mr Giovanni NAPOLITANO, World Intellectual Property Organisation (WIPO), Geneva, Switzerland
09:45-10:25 Specialist Discussion Session
Main points for discussion:

    • The business environment and regulatory and framework conditions for innovation in the IT sector, especially the limits and inefficiency of current IPR policy and finance policy in the IT sector.
    • The nature and extent of the risks and challenges facing enterprises in the IT sector, especially in the IT service sector.
    • The key AML issues in the IT sector and the effectiveness of enforcement in the sector

Discussants:

    • Professor HUANG Yong, China Institute of Competition Policy (CICP), University of International Business and Economy (UIBE)
    • Professor WANG Xiaoye, Chinese Academy of Social Sciences(CASS)
    • Professor XU Guangyao, Nankai University(NKU)
    • Representative of Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission (NDRC)
    • Representative of Anti-Monopoly Bureau of Ministry of Commerce (MOFCOM)
    • Representative of Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau of State Administration for Industry and Commerce (SAIC)
    • Representative of Sate Intellectual Property Office (SIPO)
    • Representative of Electronic Intellectual Property Center (EIPC) of Ministry of Industry and Information Technology (MIIT)

10:25-10:40 Q&A session
10:40-10:55 Tea break

Session II Overview of Competition Law Enforcement in the IT Sector: Issues and Challenges
10:55-11:15 Dr Henning LEUPOLD, Case Handler, Antitrust: IT, Internet and Consumer electronics, DG Competition, European Commission, Brussels, Belgium (no presentation)
11:15-11:55 Specialists Discussion Session
Main Point for discussion:

  • Definition of relevant market and its importance for cases in the information technology sector

Discussants:

    • Representative of Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission (NDRC)
    • Representative of Anti-Monopoly Bureau of Ministry of Commerce (MOFCOM)
    • Representative of Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau of State Administration for Industry and Commerce (SAIC)
    • Representative of Electronic Intellectual Property Center (EIPC) of Ministry of Industry and Information Technology (MIIT)
    • Professor HUANG Yong, China Institute of Competition Policy (CICP) , University of International Business and Economy (UIBE)
    • Professor WANG Xiaoye, Chinese Academy of Social Sciences(CASS)

11:55-12:10 Q&A session
12:10-13:30 Lunch
Session III Private Actions under Competition Law
13:30-13:50 Private Actions under Competition Law in Europe: An On-going Project by Dr Stanley WONG, Special Advisor on competition policy, EU-China Trade Project (II)
13:50-14:10 Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in Anti-monopoly Civil Cases entering into force as of June 1, 2012 by Dr ZHU Li, Judge, Supreme People’s Court
14:10-14:50 Specialists Discussion Session
Main points for discussion:

  • Highlights of Draft Guidance Paper: Quantifying Harm in Actions for Damages based on Breaches on Article 101 or 102 of the Treaty on the Functioning of the European Union, European Commission, June 2011.
  • Highlights of Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in Anti-monopoly Civil Cases in May 2012, China. [Fa Shi2012No. 5 ]
  • Whether private actions for damages should be follow-on actions, based on decisions of the enforcement agencies or authorities?

Discussants:

  • Professor HUANG Yong, China Institute of Competition Policy, University of International Business and Economy
  • Professor WU Hongwei, Institute of Competition Law, Renmin University of China
  • Representative of Intellectual Property (IP) Tribunal of Supreme People’s Court
  • Representative of IP Tribunal of Beijing Municipal Higher People’s Court
  • Representative of IP Tribunal of Beijing Municipal First Intermediary People’s Court
  • Representative of IP Tribunal of Beijing Municipal Second Intermediary People’s Court
  • Representative of Electronic Intellectual Property Center of Ministry of Industry and Information Technology

14:50-15:05 Q&A session
15:05-15:20 Tea break
Session IV Procedure and examination rules of anti-trust administrative enforcement in the IT Sector
15:20-15:40 Review of EU Enforcement Cases in the IT Sector by Dr Henning LEUPOLD, Case Handler, Antitrust: IT, Internet and Consumer electronics, DG Competition, European Commission, Brussels, Belgium (no presentation)
15:40-16:20 Specialists Discussion Session
Main points for discussion:

  • Practices and procedures in public enforcement under the AML
  • Fact-finding methods and investigative procedures in  search engine cases  like Google and others

Discussants:

    • Representative of Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission (NDRC)
    • Representative of Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau of State Administration for Industry and Commerce (SAIC)
  • Representative of Electronic Intellectual Property Center of Ministry of Industry and Information Technology

16:20-16:35 Q&A session
16:35-16:45 Closing Remarks
16:45-17:00 Networking
*Simultaneous interpretation - Chinese to English and English to Chinese is provided*

EU-China Competition Policy Mini-site Launch
(www.euchinacomp.org)
17:00-17:10 Opening remarks by Dr Alexander ITALIANER, Director-General of DG Competition, European Commission
17:10-17:20 Opening remarks by representatives of AMEAs
17:20-17:30 Mini-site introduction by Amy SALTZMAN, Communications Manager, EU-China Trade Project (II)
17:30-18:30 Cocktail and canapé
*Consecutive interpretation -Chinese to English and English to Chinese is provided*