SAIC/NDRC02: Remedies in Anti-competitive Agreements and Anti-competitive Unilateral Conduct (abuse of dominance) Cases - day 2

Friday, 16 March 2012
Wuxi, Jiangsu Province

Moderator: Dr Stanley Wong, StanleyWongGlobal – SW Law Corporation; Special Advisor on competition policy, EU-China Trade Project II
Speakers:

Mr Kris Dekeyser, Head of Unit for Cartels, Directorate General for Competition, European Commission

Dr EmmanuelaTruli, Commissioner-Rapporteur, Hellenic Competition Commission

Ms Monique Van Oers, Director, Legal Department, Netherlands Competition Authority

Mr Ciarán Quigley, Secretary to the Authority and Leniency Officer (former Member of the Authority)

Mr David Anderson, Partner with Berwin Leighton Paisner LLP, Brussels

Topics:
  1. Settlements Policy and Practice
  2. Behavioural Remedies
  3. Trade Associations
Morning Session
09:00-09:10: Introduction: Stanley Wong
09:10-11:10:

Discussion 1 - Settlements Policy and Practice by Kris Dekeyser (60 min for presentation and discussion with time for consecutive interpretation)

  • rationale for settlement
  • elements of settlement protocol
  • what does the authority get and what does it give up?
  • what does the party give up and what does it get?
  • impact on follow-on private actions
*Commentators: David Anderson, Monique Van Oers
11:10-11:30: Tea Break
11:30-12:30:

Discussion 2- Behavioural Remedies: Choice, Implementation and Monitoring by David Anderson (30 min for presentation with time for consecutive interpretation)

  • range of behavioural remedies: supply of goods; supply of services (access); licensing of brands; licensing of technology; pricing (to avoid margin squeezes)
  • implementation issues
  • monitoring issues
  • practice/application in EU
*Commentators: Kris Dekeyser, Emmanuela Truli
12:30-13:30:; Lunch
Afternoon Session
13:30-14:30: Continue Discussion on Behavioural Remedies (30 min discussion with time for consecutive interpretation)
*Commentators: Kris Dekeyser, Emmanuela Truli
14:30-15:30:

Discussion 3- Trade Associations and Competition Law Enforcement by Emmanuela Truli (30 min for presentation with time for consecutiveinterpretation)

  • role of trade associations and implications for competition law and policy including
  • potential to promote goals of competition law and policy
  • potential to harm or hinder the promotion of the goals of competition law and policy
  • types of activities of trade associations and their relevance for competition law: sharing of information; coordination of conduct of members
  • experience of EU competition authorities
  • the past and present role of trade associations in the Chinese economy
*Commentators: David Anderson, Monique Van Oers, Ciarán Quigley
15:30-15:50: Tea Break
15:50-16:50: Continue Discussion on Trade Associations and Competition Law Enforcement (30 min discussion with time for consecutive interpretation)
*Commentators: David Anderson, Monique Van Oers, Ciarán Quigley
16:50-17:30: Q&A and Conclusion