Articles

Private Dialogue between EU and Chinese Competition Law Judges on Judging Competition Law Cases - Day 1

23 May 2013, Beijing,China
Beijing News Plaza, 4th Floor, Room No.5
No.26 Jianguomen Nei Street, Beijing 100005, China

Agenda

Co-Moderated by: Dr Stanley WONG, Special Advisor on Competition Law and Policy, EU-China Trade Project (II)

Professor HUANG Yong, Director of Competition Law Centre, University of International Business and Economics

08:30-09:00

Registration

09:00-09:20

Opening Remarks

Mr Wolfgang MEDERER, Head of Unit for Private Enforcement, DG Competition of European Commission

Professor Dr Joachim BORNKAMM, Judge, Federal Court of Germany (Bundesgerichtshof)

Mr KONG Xiangjun, Chair Judge, IPR Tribunal, the Supreme People’s Court, P.R.China

Professor HUANG Yong, Director of Competition Law Centre, University of International Business and Economics

Session I-Evidence, Burden of Proof, Standard of Proof in Competition Cases

09:20-10:00

 

 

 

 

10:00-10:30

Speech on the topics of:

  • Concept of dominance
  • Types of abuse: exclusionary v exploitative
  • 2009 EU Guidance on Abuse

Presented by: Mr Justice Gerald BARLING, President, Competition Appeal Tribunal, the United Kingdom

Comments by: Professor Frédéric JENNY, Judge of Cour de cassation, France 2004-2012; Chair of Competition Law and Policy Committee, OECD

Professor Dr Joachim BORNKAMM, Judge, Federal Court of Germany (Bundesgerichtshof)

10:30-11:00

Q&A Discussion

11:00-11:10

Tea Break

Session II-"Using Economic Concepts and Principles in Judging Competition Cases"

11:10-11:50

 

11:50-12:20

Presented by: Professor Frédéric JENNY, Judge of Cour de cassation, France 2004-2012; Chair of Competition Law and Policy Committee, OECD

Comments by: Mr Justice Gerald BARLING, President, Competition Appeal Tribunal, the United Kingdom

Professor Dr Joachim BORNKAMM, Judge, Federal Court of Germany (Bundesgerichtshof)

12:20-12:50

Q&A Discussion

12:50-14:20

Lunch

Session III-"Reviews by Courts of Decisions of Competition Authorities" and "Legal Foundations of Private Actions"

14:20-15:00

 

15:00-15:30

Presented by: Professor Dr Joachim BORNKAMM, Judge, Federal Court of Germany (Bundesgerichtshof)

Comments by: Mr Justice Gerald BARLING, President, Competition Appeal Tribunal, the United Kingdom

Professor Frédéric JENNY, Judge of Cour de cassation, France 2004-2012; Chair of Competition Law and Policy Committee, OECD

15:30-16:00

Q&A Discussion

16:00-16:20

Tea Break

16:20-16:35

Review and Sum up

Dr Stanley WONG, Special Advisor on Competition Law and Policy, EU-China Trade Project (II)

Mr KONG Xiangjun, Chair Judge, IPR Tribunal, the Supreme People’s Court, P.R.China

Professor HUANG Yong, Director of Competition Law Centre, University of International Business and Economics

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