Day 1 - Workshop on Investigative Techniques in Merger Review

Workshop on Investigative Techniques in Merger Review
20 October 2014, Chengdu, Sichuan Province
Sichuan Chengdu Garden Hotel, No 47, Zou Ma Street, Jinjiang District, Chengdu
Agenda

08:30-09:00

Registration

09:00-09:15

Welcome and Opening remarks
Mr SHANG Ming, Director General of Anti-Monopoly Bureau, Ministry of Commerce, People’s Republic of China, Beijing
Mr Torben TOFT, Principal Administrator (International Relations, A-5), Directorate General for Competition, European Commission, Brussels

09:15-11:00
(tea break will be decided by moderator depending on the progress of the discussion)

Session I- Planning a merger investigation and communication with participants in the merger review process
Overview:

  • Composition of investigation case team: size; skills; and use of external experts
  • Importance of a merger investigation plan, including: developing theories of harm; identifying sources of evidence; establishing/updating tasks and timeline
  • Dialogue between the authority and (i) notifying parties and (ii) third parties: how and when to communicate at key stages of the investigation (pre-notification, after market tests, prior to statement of objection)
  • Communication with decision makers and interested government agencies
  • Communication and confidentiality practices

[Format: Presentation of 30 minutes by each lead participant followed by discussion and Q&A]
9:15 – 10:45 Presentations by lead participants:

Discussant:

  • Ms Mariana TAVARES, Head of Cabinet of the President, Portuguese Competition Authority

Co-moderators:

  • Mr CAI Junfeng, Deputy Director of Competition Policy Department of Anti-monopoly Bureau, MOFCOM
  • Ms Hilary JENNINGS, Special Adviser on Competition Policy, EUCTP II

10:45 - 11:00 Discussion and Q&A Session

11:00-12:30

Session II- Developing reliable evidence in merger cases
Overview:

  • Identifying the types of information necessary to assess the merger
  • Identifying relevant and reliable sources of evidence, including: documentary materials, descriptive evidence from market participants and expert/quantitative evidence.
  • Value of using/seeking other information from e.g. ministries and other government bodies; technical experts retained by the authority, parties or third parties.
  • The range of tools available to gather evidence from the parties and market participants
  • Effective use of the different investigative tools: how to determine which method to use; relevance of the structure and characteristics of the industry/sector involved in the choice of information gathering tool

[Format: Presentation of 30 minutes by each lead participant followed by discussion and Q&A]
11:00 – 12:00 Presentations by lead participants:

Co-moderators:

  • Mr CAI Junfeng, MOFCOM
  • Ms Hilary JENNINGS, Special Adviser on Competition Policy, EUCTP II

12:00 – 12:30 Discussion and Q&A Session

12:30-14:00

Lunch

14:00-16:15

Session III- Timing in merger investigation

Overview:

  • Timing issues, including: external constraints (statutory periods); internal planning (internal timetables); timing agreements with the parties
  • Criteria for “stopping the clock” in merger review: practice in the EU, UK and the PRC
  • Advantages and disadvantages of rules and practices on timing - practical impact on ability to conduct comprehensive merger reviews and identify effective remedies

[Format: Presentation of 30 minutes by each lead participant followed by discussion and Q&A]
14:00 – 15:00 Presentations by:

Co-moderators:

  • Mr CAI Junfeng, MOFCOM
  • Ms Hilary JENNINGS, Special Adviser on Competition Policy, EUCTP II

15:00- 15:30 Coffee break
15:30 – 16:15 Discussion and Q&A Session

16:15-16:45

Closing Remarks

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