Day 4: Workshop on calculating fines and procedural fairness

Day 4: Workshop on calculating fines and procedural fairness
19 March 2015
Venue: Tangla Hotel, 19 Fuxingmenwai Street, Chang’an Avenue West, Beijing 100045, China



Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EUCTP II

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

Session I – Methods for setting fines in cartel cases

  • Basis for calculating the fine (percentage of turnover/ volume of sales/ market shares/ illegal gain)
  • Calculating the fine, including the duration of the infringement
  • Treatment of mitigating and aggravating factors
  • Fining guidelines

09:00-11:20 Presentations and discussions by:

Comments by Antonio Butta, Economic Assistant to the Chairman of the Italian Competition Authority (AGCM) (10-20 minutes)

  • Mr CHEN Da, Director, Market Supervision Division, Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission (40 minutes)

Comments by Dr ZHANG Chenying, Associate Professor, Law School, Qinghua University (20 minutes)
11:20-12:00 Q&A Session



(Coffee break will be decided by moderator depending on progress of the discussion)

Session IIChallenges to setting fines

  • Treatment of parents and subsidiaries
  • Treatment of trade associations and business associations
  • Appellate review
  • Collection of fines
  • Interaction between fines, leniency and settlements

13:30-14:30 Presentations and discussions by:

Comments by Vivien Terrien, Legal Secretary, Chambers of the President Judge Jaeger, General Court and (20 minutes)

14:30-15:00 Q&A Session


Session IIIprocedural fairness discussion (suggestion – publication of decisions)

  • Timing and content of published decisions
  • Publishing decisions to close investigations or reasons for not taking enforcement action
  • Recent developments

Discussion and exchange of experiences between DG COMP, EU Member State and NDRC
Torben Toft, DG Competition, to lead off discussion, with Blaz Visnar, Case Handler, DG Competition, Maarten Schueler, ACM, and Antonio Butta, AGCM, Vivien Terrien, General Court (EU), Mr WAN Jiang, Senior Officer Legislation Division of NDRC, each providing overview of practices in publishing decisions, and Professor HUANG Yong, Director of Competition Law Centre, University of International Business and Economics (UIBE)
16:30-16:45 Q&A Session


Closing remarks


Meeting to discuss topics for the next competition week: NDRC and DG Competition

[Consecutive interpretation both from English-Chinese and Chinese-English provided – please take note that the indicated length of presentations is the total time including interpretation]