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

 

Seminar on quantification of harm and parental liability for anti-monopoly infringements

Seminar on quantification of harm and parental liability for anti-monopoly infringements
16 March 2016
Venue: Tangla Hotel, Peridot Room, No.19 Fuxingmenwai Avenue, Xicheng District, Beijing
Agenda


08:45-09:00

Registration

09:00-09:15

Opening Remarks (tbc)
LU Wanli, Deputy Director General, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R. China
Torben Toft, Principal Administrator, European Commission from Directorate General for Competition, European Commission, Brussels

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

09:15-12:30

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

Session I – Quantification of harm in competition cases
Overview:

  • Why quantify harm in competition cases
  • Dealing with the challenges of accurately measuring harm in competition cases (cartel conduct and unilateral conduct cases)
  • Guidance on process: confidential guidance; application and steps; forms of application (oral and written); use of marker system; timing; co-ordination with foreign authorities
  • Methodologies, including information (e.g. case-specific industry studies), gathering data and presumptions used to quantify harm
  • Decision to grant / deny / withdraw application and communication with applicant
  • The relationship between quantification of harm and quantifying appropriate level of fines

9:15-10:15 Presentations by:

10:15 – 11:25 Discussion and commentary by:

  • Mr QI Shuanglin, Official, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, SAIC (30 minutes including time for consecutive interpretation)
  • Mr Stephan SIMON, Senior Expert for Mergers, Services Industries Directorate, DG COMP (40 minutes including time for consecutive interpretation)

11:25-12:00 Q&A Session and discussion with all speakers and experts

12:00-13:30

Lunch

13:30-16:45

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

Session II – Affiliated enterprises / subsidiaries in anti-monopoly cases: liability of parents and subsidiaries
Overview:

  • The application of the single economic entity doctrine in practice
  • Agency agreements – what about in relation to online platforms?
  • Parental liability for subsidiaries’ antitrust infringements
  • Liability of subsidiaries in abuse of dominance cases

13:30-14:30 Presentation by:

10:15 – 11:25 Discussion and commentary by:

  • Mr ZHAO Yiqin, Director, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, SAIC (30 minutes including time for consecutive interpretation)
  • Ms Tânia CARDOSO SIMÕES, Senior Legal Adviser, Portuguese Competition Authority (30 minutes including time for consecutive interpretation)

15:15 – 15:30 tea break

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

16:30-16:45

Closing remarks

Mr ZHAO Guobin, Director, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R. China

[Consecutive interpretation from English-Chinese and Chinese-English provided]
Please note that speaking times must include time for interpretation.

 

Roundtable to discuss topics of draft guidelines 2

Roundtable to discuss topics of draft guidelines:
procedural rules for exemption applications for monopoly agreements and calculating illegal gain and fines

15 March 2016
Venue: Tangla Hotel, Peridot Room, No.19 Fuxingmenwai Avenue, Xicheng District, Beijing
Agenda

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

09:00-12:15

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

Session III – Process for applications for exemptions from the prohibition on anti-competitive agreements
Overview:

  • Qualifications for exemption
  • How to make an application, e.g. informal meetings, requirements for information and evidenced reasoning
  • Procedure: e.g. competition authority analysis against criteria for exemption, meetings with applicant, timeframe for decision, confidentiality vs public consultation
  • Imposing obligations or conditions
  • Effect of the exemption and circumstances for withdrawal of exemption or varying an obligation/condition

9:00-10:15 Presentations by:

12:15-13:45

Lunch

13:45-15:00

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

Session IV – Determining illegal gains generated from monopoly conduct and setting the fine

13:45-15:00 Presentations by:

  • Experience with guidance on commitment decisions
  • Guidance on principles: objectives and considerations
  • Guidance on process: initiation of discussions, timing, assessment, market testing
  • Content of commitments and duration
  • Communication with the parties / complainant / third parties
  • Implementing the commitments and use of monitoring trustees

14:00-15:15 Presentations by

15:00 – 15:15 tea break

15:15-16:15 Roundtable discussion and Q&A session with all experts and speakers

Ms ZHANG Chenying, associate professor, Qinghua University

16:15-16:30

Closing remarks

LI Qing, Deputy Director General, Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission (NDRC), China

[Consecutive interpretation from English-Chinese and Chinese-English provided]
Please note that speaking times must include time for interpretation.

 

Roundtable to discuss topics of draft guidelines

Roundtable to discuss topics of draft guidelines:
(i) leniency applications and (ii) commitments and suspension of investigations

14 March 2016
Venue: Tangla Hotel, Peridot Room, No.19 Fuxingmenwai Avenue, Xicheng District, Beijing
Agenda


08:45-09:00

Registration

09:00-09:15

Opening Remarks (tbc)
ZHANG Handong, Director General, Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission (NDRC), China
Torben Toft, Principal Administrator, European Commission from Directorate General for Competition, European Commission, Brussels

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

09:15-12:30

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

Session I: Leniency applications in horizontal monopoly agreement cases: guidance for leniency applicants
Overview:

  • Experience with leniency guidelines
  • Guidance on principles: eligibility; types of leniency; leniency plus
  • Guidance on process: confidential guidance; application and steps; forms of application (oral and written); use of marker system; timing; co-ordination with foreign authorities
  • Requirements that the applicants must fulfil
  • Decision to grant / deny / withdraw application and communication with applicant
  • Disclosure and confidentiality issues

09:20 – 10:20

12:40-14:00

Lunch

14:00-17:15

Session II: Commitments and suspension of investigations
Overview:

  • Experience with guidance on commitment decisions
  • Guidance on principles: objectives and considerations
  • Guidance on process: initiation of discussions, timing, assessment, market testing
  • Content of commitments and duration
  • Communication with the parties / complainant / third parties
  • Implementing the commitments and use of monitoring trustees

14:00-15:15 Presentations by

15:15 – 15:30 tea break

15:30-16:00 Discussion and commentary by

Ms Tânia CARDOSO SIMÕES, Senior Legal Adviser, Portuguese Competition Authority: 20 minutes (including time for consecutive interpretation)
16:10-17:15 Roundtable discussion and Q&A session with all speakers and experts

[Consecutive interpretation from English-Chinese and Chinese-English provided]
Please note that speaking times must include time for interpretation.