Day 4 - Workshop on Basic Concepts and Principles in Competition Law Enforcement

EU-China Competition Week
Workshop on Basic Concepts and Principles in Competition Law Enforcement
13-14 March 2014, Beijing, China
Minzu Hotel, Donghua Hall
No.51 Fuxingmennei Dajie, Xichang District,Beijing, China

Agenda
13 March 2014


08:30-09:00
09:00-09:15

Registration
Opening remarks
Ms REN Airong, Director General, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China
Mr Torben TOFT, Principal Administrator (International Relations, A-5), Directorate General for Competition, European Commission, Brussels

Moderator:

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

09:15-10:45

Session I – Overview of a case investigation
Speech on the Practice of the European Commission (Directorate General for Competition)

  • enforcement priorities: industries, conduct and practices
  • indicators of anti-competitive conduct and practices
  • decision to open an investigation
  • case allocation within the EU: among European Commission and EU Member States national competition authorities (NCAs)
  • conduct of an Investigation: forming a case team with appropriate set of skills; organizing the investigation; types of investigative techniques, when and where to use; preparing investigative reports
  • use of experts: industry knowledge, economic analysis
  • preparing an investigative report
  • cooperation and assistance within the European Competition Network (ECN) with Member States’ NCAs
  • cooperation and assistance from foreign jurisdictions (other than EU Member States)
  • resolving competition concerns without a full investigation: commitments and settlements
  • infringement decision including sanction: drafting decision and reasons

Presented by: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP (II)

10:45-11:15

Tea Break

11:15-12:00

Session I – Overview of a case investigation

 

Speech on the Practice of SAIC:

  • criteria for selecting cases for investigation
  • allocation of cases between SAIC and local bureaus
  • cooperation and assistance between SAIC and local bureaus
  • investigative techniques
  • resolving competition concerns without infringement decision and sanction
  • source clues and collecting relevant information
  • verification of sources and clues
  • open a case and conduct of an investigation
  • role of leniency
  • drafting investigative reports
  • making infringement decision and sanctions decision

Presented by Mr ZHAO Guobin, Enforcement Division Director, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration and Industry and Commerce

12:00- 12:30

Q & A Session
Participants:
Mr José-Maria CARPI_BADIA, Deputy Head of Unit (E-2 )for Antitrust regarding consumer goods, basic industries, agriculture and manufacturing, Directorate General for Competition, European Commission, Brussels
Mr Johan SAHL, Deputy Head of Unit, Cartels and Mergers, Konkurrensverket (Swedish Competition Authority), Stockholm
Mr ZHAO Guobin, State Administration and Industry and Commerce

12:30-14:00

Lunch

14:00-15:00

Session II – Investigative techniques

 

Speech on the Practice of the European Commission:

  • written requests for information (including documents) to parties and third parties
  • oral interviews of representatives of the parties and third parties
  • relevant Information from public sources
  • unannounced inspections to obtain documents (“dawn raids”)
  • cooperation and assistance with other authorities
  • use of surveys
  • use of experts
  • dealing with parties and third parties about status of investigation
  • preparing record of evidence for use in making merits decision

Presented by Mr Torben TOFT, DG Competition, European Commission

15:00-15:30

Tea Break

15:30-16:00

Q & A Session
Participants:
Mr ZHAO Guobin, State Administration and Industry and Commerce
Mr Torben TOFT, DG Competition, European Commission
Mr Stephan SCHWEIKARDT, Rapporteur, 3rd Decision Division (Healthcare, Chemicals and Textiles), Bundeskartellamt (German Competition Authority), Bonn