Day 1: Workshop on Merger Review – the concept of control in merger transactions and IPR considerations in merger cases

Day 1: Workshop on Merger Review – the concept of control in merger transactions and IPR considerations in merger cases
16 March 2015
Venue: MOFCOM, Beijing
Agenda


08:30-09:00

Registration

09:00-09:15

Welcome and Opening remarks
WU Zhenguo, Deputy Director General, Anti-Monopoly Bureau Ministry of Commerce, People’s Republic of China, Beijing
Torben Toft, Principal Administrator, European Commission from Directorate General for Competition, European Commission, Brussels

09:15-11:45
(tea break will be decided by moderator depending on the progress of the discussion)

Session I - The concept of control in merger transactions
Overview:

  • Definition of “concentration” in a merger transaction
  • Acquisition of control, means of control, object of control, sole and joint control
  • Comparison of criteria to identify control: objective/numeric and economic criteria
  • The use of guidelines to make standards more predictable
  • Exemptions and transactions which do not qualify

[Format: Presentation followed by discussion and Q&A]
9:15-10:30 Presentations:

Co-moderators:

  • MOFCOM
  • Hilary Jennings, Special Adviser on Competition Policy, EUCTP II

10:30-11:45 Discussion and Q&A Session

11:45-13:15

Lunch

1315-15:00
(tea break will be decided by moderator depending on the progress of the discussion)

Session II - The acquisition of minority shareholdings in merger review
Overview:

  • Minority shareholdings in regimes with acquisition of control standard
  • An enforcement “gap”?

13:15-14:00 Presentations:

Discussant: Timothy Geer, Competition and Markets Authority, UK (15 minutes)

Co-moderators:

  • MOFCOM
  • Hilary Jennings, Special Adviser on Competition Policy, EUCTP II

14:00-14:45 Discussion and Q&A Session
14:45-15:00 Tea break

15:00-16:45

Session III - IPR considerations in merger cases
Overview:

  • Balancing IP protection and the potential for anti-competitive restrictions in merger review
  • Substantive assessment of IP issues in merger cases
  • IP rights at the remedies stage

15:00-16:00 Presentations and discussions by:

Discussants: Blaz VISNAR, Case Handler DG Competition and Timothy Geer, Competition and Markets Authority, UK ( 20 minutes altogether)

Co-moderators:

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

16:00-16:45 Discussion and Q&A Session

16:45-17:00

Closing Remarks

17:00-17:30

Meeting to discuss topics for the next competition week: MOFCOM and DG COMP

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