Roundtable on determining appropriate merger remedies and mergers in high-tech industries

Roundtable on determining appropriate merger remedies and mergers in high-tech industries
17 March 2016
Agenda


08:45-09:00

Registration

09:00-09:15

Welcome and Opening remarks
Mr HAN Chunlin, Deputy Gerneal Director, Anti-Monopoly Bureau, Ministry of Commerce, China
Mr Torben Toft, Principal Administrator, European Commission from Directorate General for Competition, European Commission

09:15-12:00

(tea break decided by moderator depending on progress of the discussion)

Session I – Determining appropriate remedies and the role of monitoring trustees
Co-moderators:
MOFCOM
Hilary Jennings, Special Adviser on Competition Policy, EUCTP II
Overview:

  • Overall effectiveness of a remedy: what makes a remedy successful in dealing with the relevant competition risk? Use of a combination of structural and behavioural remedies?
  • Market testing remedies to better understand the competitive structure of markets
  • Experience with monitoring the implementation of remedies: challenges and solutions e.g. pros and cons of supervisory trustees, value of arbitration clauses, significance of co-operation and co-ordination in handling remedies in cross-border mergers
  • Using the results of evaluation studies on the effectiveness of merger remedies

9:15-11:00 Presentations by:

10:05-10:20 Tea break

10:20-11:00 Presentations by:

11:00 – 11:30 Commentary by:

Mr Stephan SIMON, Senior Expert for Mergers, Services Industries Directorate, DG COMP (30 minutes including time for consecutive interpretation)

11:30-12:00 Q&A Session and discussion with all speakers and experts

12:00-13:30

Lunch – Informal discussion on investigating failures to notify qualifying transactions

13:30-17:00

(tea break decided by moderator depending on progress of the discussion)

Session II – Mergers in high tech industries and consideration of big data issues in merger review
Co-moderators:
MOFCOM
Hilary Jennings, Special Adviser on Competition Policy, EUCTP II
Overview:

  • Market definition in high tech markets
  • Are there specific competition conditions in high tech markets?
  • The implications for methodologies: e.g. analysis of parties' market shares, network effects and the interoperability between the products of the merged entity and those of competitors
  • How is “Big Data” factored into merger assessments?
  • In practice: a more cautious approach when assessing mergers in high tech markets?

13:30-15:30 Presentation by:

15:15 – 15:30 tea break

15:45-16:15 Commentary by

Mr Ibrahim BAH former Head of Mergers, Irish Competition Authority (30 minutes including time for consecutive interpretation)

15:50-16:30 Q&A Session and discussion with all speakers and experts

16:30-16:45

Closing remarks

[Consecutive interpretation from English-Chinese and Chinese-English provided]
Please note that speaking times must include time for interpretation.
Immediately following session: closed door discussion on future topics