Workshop on Abuse of Dominance - Day 2

18-20 March 2013, Beijing,China
Tangla Hotel, 3rd Floor, Ruby Room
19 Fuxingmenwai Street, Chang'an Avenue West, Beijing 100045, China

Agenda

19 March 2013

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

08:30-09:00

Registration

Session I-Refusal to Deal and Essential Facilities

09:00-09:20

Speech on the Overview of Refusal to Deal and Essential Facilities:

Presented by:         Mr Lucas PEEPERKORN, Policy Analyst, Unit of Anti-trust Case Support and Policy, Directorate-General for Competition, the European Commission (Slide 45)

09:20-10:20

Speech on Cases of Refusal to Deal and Essential Facilities

Presented by:         Dr Edward SMITH, Director and Senior Economist of Services, Infrastructure and Public Markets, the Office of Fair Trading of the UK 

                              Mr David ANDERSON, Partner of Berwin Leighton Paisner LLP

10:20-10:50

Q&A Session

10:50-11:00

Tea Break

Session II-Exclusive Dealing

11:00-11:20

Speech on the Overview of Exclusive Dealing

Presented by:         Mr Lucas PEEPERKORN, Policy Analyst, Unit of Anti-trust Case Support and Policy, Directorate-General for Competition, the European Commission (Slides 19-33)

11:20-12:20

Speech on Cases of Exclusive Dealing

Presented by:         Dr Edward SMITH, Director and Senior Economist of Services, Infrastructure and Public Markets, the Office of Fair Trading of the UK 

                              Mr David ANDERSON, Partner of Berwin Leighton Paisner LLP

12:20-12:50

Q&A Session 

12:50-14:00

Lunch

14:00-17:00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Roundtable Discussion of 6th Draft IPR Guidelines of SAIC

 

Key topics of discussion:

1.What are the key points during law enforcement, aiming at the monopolistic conducts relating to intellectual property, which emerge in the market? 

2.Is it possible for the law-enforcing department to set up some presumptions while formulating the “Anti-monopoly Law Enforcement Guides for Intellectual Property” or other regulations and judging if the “specific conducts” are monopolistic ones? For example, if the specific patents possessed by a certain enterprise constitute relevant “Essential Facilities” of the market, it can be presumed that the enterprise owns the market dominant position. In addition, is it possible to establish some “Safe Harbors” in these guides or regulations in combination of such indicators like “Market Shares”? 

3.What is the tendency of the latest law making and enforcing in the world in the field of “Patent Pool”? 

4.What kinds of patent right executions are probably “Monopolistic Conducts” during the process of “Standard Formulation and Enforcement”? 

5.If an “Intellectual Property Right Holder” over-issues “Warning Letters for Infringement”, is such a conduct a monopolistic one? 

6.Can “Intellectual Properties” form the “Essential Facilities” needed during participation in relevant market competitions? What are the constitutive requirements for the “Monopolistic Conduct of Misuse of Market Dominant Position” in the way of “Refusing to License Intellectual Properties”?  

7.What are the constitutive requirements for the “Monopolistic Conducts” pertinent to “Standard Formulation and Enforcement”?

 

Moderator:            Ms YANG Jie, Director of Anti-Monopoly Legislative Affairs Division, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China

 

EU Participants:     Mr Lucas PEEPERKORN, Policy Analyst, Unit of Anti-trust Case Support and Policy, Directorate-General for Competition, the European Commission

                      Dr Edward SMITH, Director and Senior Economist of Services, Infrastructure and Public Markets, the Office of Fair Trading of the UK

                      Mr David ANDERSON, Partner of Berwin Leighton Paisner LLP

                      Dr Stanley Wong, Special Advisor on Competition Policy, EUCTP II

SAIC Participants:  Representatives of SAIC and relevant Ministries, Academic Institutes and Local Administrations for Industry and Commerce

17:00-17:10

Closing Remarks

Ms LIU Ye, Deputy Director General of Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China

Mr  Torben TOFT, Principal Administrator of International Relations, Directorate-General for Competition, the European Commission

[Simultaneous interpretation both from English-Chinese and Chinese-English provided]