Competition Law and Policy & the Business Community

Monday, 28th November 2011
Novotel Peace Hotel - 3 Jinyu Hutong, Wangfujing, 100006 BEIJING
*Co-organised by China Mergers and Acquisitions Association*

Moderator: Dr Stanley Wong, StanleyWongGlobal – SW Law Corporation, Special Advisor on competition policy, EUCTP
Speakers:

Dr Zhu Zhongliang, Division Director of Anti-Monopoly Bureau, MOFCOM

Mr Miek Van Der Wee, Head, International Relations Unit (A-5), DG Competition, European Commission, Brussels

Mr Torben Toft, Principal Administrator, International Relations Unit (A-5), DG Competition, European Commission, Brussels

Mr Fei Guoping, CEO of China Mergers and Acquisitions Association

Professor Wang Xiaoye, Professor and Director of Economic Law Department, Institute of Law, Chinese Academy of Social Sciences (CASS), Beijing

Professor Huang Yong, Professor and Director of the Competition Law Center, University of International Business and Economics (UIBE), Beijing

Mr Paolo Palmigiano, Head, Competition Law, Group Legal, Lloyds Banking, London; Chair, In House Competition Lawyers’ Association

Mr Carlos Pascual Pons, Chief Economic and Commercial Counsellor, Consulate-General of Spain, Shanghai (formerly Director General, Spanish Competition Authority)

Ms Anne Vadasz-Nilsson, Deputy Director General, Operations, Konkurrensvereket (Swedish Competition Authority), Stockholm

Questions for consideration
  • What is competition law and competition policy? Why do most countries have it?
  • What does enforcement of competition law mean? What do competition authorities do to enforce the law? How do competition authorities monitor compliance?  What is the relevant experience in the EU and in China?
  • Why it is in the interest of business to understand competition law and its enforcement?
  • What are the consequences of non-compliance? What sanctions? Public enforcement.  Private actions (enforcement). What is relevant experience in EU and in China?
  • How to comply with competition law? What do companies do?
  • What do competition authorities need to do to educate the business community about competition law? Relevance of EU experience for China?
  MORNING SESSION
09:00-09:05: Introduction: Dr Stanley Wong
09:05-09:15: Opening Speech: Dr Zhu Zhongliang
09:15-09:45: Importance of Competition Law and Policy to the Chinese Economy by Professor Wang Xiaoye
09:45-10:15: Importance of Competition Law and Policy to the EU Economy by Mr Miek van Der Wee
10:15:10:45: Monitoring compliance with competitions laws: The experience of EU competition authorities by Mr Carlos Pascual Pons
10:45-11:05: Tea Break
11:05-11:35: M&A: the institutional arrangement and practice of Anti-Monopoly control by Dr Zhu Zhongliang
11:35-12:05: Promoting compliance and raising awareness by Ms Anne Vadasz-Nilsson
12:05-12:30: Q&A session
12:30-14:00: Lunch
  AFTERNOON SESSION
14:00-14:30: Recommendations on the Anti-Monopoly Law and its enforcement and coordination from industry perspective by Mr Fei Guoping, CEO of China Mergers and Acquisitions Association
14:30-15:00: Legal Liability of Non-compliance with Anti-Monopoly Law by Professor Huang Yong
15:00-15:20: Tea Break
15:20-15:50: How to comply with competition law –developing effective competition law compliance programmes by Mr Paolo Palmigiano
15:50-16:20: Consequences of non-compliance: The EU experience by Mr Torben Toft
16:20-17:00: Q&A session
  *consecutive English-Chinese interpretation is provided*

NDRC/SAIC: Workshop on Investigative Techniques

Friday, 25 November 2011
Tangla Hotel
19 Fuxingmenwai Street, Chang’an Avenue West Xicheng District, 100045 Beijing

Moderator: Dr Stanley Wong, StanleyWongGlobal – SW Law Corporation; Special Advisor on competition policy, EU-China Trade Project II
Speakers:

Ms Caroline Frydenberg, Head of Section, Konkurrence- og Forbrugerstyrelsen (Danish Competition and Consumer Authority), Copenhagen

Ms Anne Vadasz-Nilsson, Deputy Director General, Operations, Konkurrensvereket (Swedish Competition Authority), Stockholm

Mr Frank Schoneveld, McDermott Will & Emery, Brussels and Shanghai

Topics:
  • design of overall investigation plan                                                                               
  • purpose of obtaining information from third parties (non-parties) such as competitors, customers and end-users                                                             
  • value of evidence of third-parties                                                                                    
  • factors in deciding whether to use oral interviews or written questionnaires  
  • art of formulating questions:  direct vs indirect techniques in asking questions               
  • interpreting answers
  • use of independent experts, consultants or organisations to assist case investigations
  • techniques for securing cooperation of parties whose conduct is under investigation
  MORNING SESSION
09:00-09:10: Introduction: Importance of a Case Investigation Plan by Dr Stanley Wong
09:10-09:40: Planning a case investigation I:  Manager perspective by Ms Anne Vadasz-Nilsson
09:40-10:20: Planning a case investigation I: Case handler perspective by Ms Caroline Frydenberg
10:20-10:40: Tea break
10:40-11:10: Preparing a client for an investigation by Mr Frank Schoneveld
11:10-11:30: Q & A Session
11:30-13:30: Lunch
  AFTERNOON SESSION
13:30-13:40: Introduction: Objectives of oral interviews and written questionnaires by Dr Stanley Wong
13:40-14:10: Conduct of oral interviews and design of written questionnaires I: EU experience by Ms Caroline Frydenberg
14:10-14:40: Conduct of oral interviews and design of written questionnaires II: EU experience by Ms Anne Vadasz-Nilsson
14:40-15:00: Tea break
15:00-15:30: Preparing for and attending oral interviews and responding to written questionnaires: Parties under investigation and third parties by Mr Frank Schoneveld
15:30-16:00 Roundtable Discussion
  *consecutive English-Chinese interpretation is provided*

MOFCOM: Workshop on Merger Investigative Techniques - day 2

Wednesday, 30 November 2011
Conference Center of National’s People’s Congress
No.2 Xihuang Chenggen North Road, Xicheng District, Beijing 100034

Moderator: Dr Stanley Wong, StanleyWongGlobal – SW Law Corporation; Special Advisor on competition policy, EU-China Trade Project II
Speakers:

Mr Thomas Deisenhofer, Head of Unit (E-4) with responsibility for mergers in basic industries, manufacturing and agriculture, DG Competition, European Commission

Ms Caroline Frydenberg, Head of Section, Konkurrence- og Forbrugerstyrelsen (Danish Competition and Consumer Authority), Cophenhagen

Ms Alessandra Tonazzi, Special Advisor for International Affairs, Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority), and its representative as Co-Chair, Merger Working Group, International Competition Network, Rome

Dr Stanley Wong, StanleyWongGlobal – SW Law Corporation; Special Advisor on competition policy, EU-China Trade Project II

Audience: Provincial officials with Division Director level or below representation (total of 20 persons); some with experience with merger investigations
Objective: Training provincial officials on merger investigation techniques with emphasis on interviews and written questionnaire
Topics:
  • design of overall investigation plan                                                                               
  • purpose of obtaining information from third parties (non-parties) such as competitors, customers and end-users                                                             
  • value of evidence of third-parties                                                                                    
  • factors in deciding whether to use oral interviews or written questionnaires  
  • art of formulating questions:  direct vs indirect techniques in asking questions               
  • interpreting answers
  • use of independent experts, consultants or organisations to assist merger case investigations
  • techniques for securing cooperation of notifying parties
  Morning Session: INVESTIGATIVE TECHNIQUES I
09:00-09:10: Opening speech by Mr Wu Zhenguo, Deputy Director General of Anti-Monopoly Bureau of Ministry of Commerce
09:10-09:20: Designing Investigative Plan: schedule, working theories of harm dealing with notifying parties, dealing with third parties by Dr Stanley Wong
09:20-09:50:

Organising a merger investigation from the perspective of the competition authority:  The EU experience  by Thomas Deisenhofer, DG Competition

  • selecting a case team: size and competencies; use of external advisors
  • case allocation between European Commission (DG Competition) and EU national competition authorities
  • use of files and analysis of past cases in same industrial sector
  • cooperation and coordination with foreign jurisdictions
09:50-10:20:

Organising a merger investigation from the perspective of EU national competition authority:  The EU experience II by Alessandra Tonazzi, Italian Competition Authority and Caroline Frydenberg, Danish Competition Authority

10:20-10:40: Tea Break
10:40-11:10:

Preparing for a merger investigation:  The perspective of notifying parties by Dr Stanley Wong, StanleyWongGlobal – SW Law Corporation; Special Advisor on competition policy, EU-China Trade Project II

  • strategic plan for merger review
  • attitude towards information requests
  • confidentiality
  • filings/reviews in multiple jurisdictions including coordination, timing, sharing of information among authorities, resolving any conflicts in remedies
11:10-11:30: Q & A Session
11:30-13:30: Lunch
  Afternoon Session: INVESTIGATIVE TECHNIQUES II
13:30-13:40: Introduction to obtaining the necessary information: Notifying Parties and Third Parties by Dr Stanley Wong
13:40-14:10:

Information Requests to Notifying Parties by Thomas Deisenhofer, DG Competition

  • purpose of information requests in addition to information supplied in merger filing;
  • confidentiality issues
  • formulating of information requests
14:10-14:40:

Information Requests to Third Parties by Ms Alessandra Tonazzi, Italian Competition Authority and Ms Caroline Frydenberg, Danish Competition Authority

  • purpose of request
  • oral interview or written questionnaire?
  • how to ask in oral interviews:  formulating questions
  • how to formulate questions in written questionnaires?
  • factors to consider in evaluating answers
14:40-15:00:

Roundtable discussion of all panellists [no slides needed] - Investigating a multi-national merger in the beer industry (applying merger investigative techniques)

  • investigative plan
  • information requests to notifying parties
  • information requests to third parties
  • if there are anti-competitive effects, possible remedy?  types of remedies?
  • Implementation issues with remedy?
  • reconciling potential conflict of remedies between different jurisdiction
15:00-15:30: Q&A session
  *consecutive English-Chinese interpretation is provided*

Evening Work Session:

A forum for discussions between the Competition dialogue partners and the AMEAs at provincial level in China in collaboration with colleagues from EUD and EUCTP on future cooperation.

Co-chaired by DG COMP, MOFCOM and EUCTP

Group of attendees:

  • Chinese beneficiaries: AMB’ senior officials from MOFCOM/DOFCOM, NDRC and SAIC
  • European Counterpart: DG COMP
  • Experts who present during the competition week

MOFCOM: Workshop on Merger Remedies - day 1

Tuesday, 29 November 2011
Conference Center of National’s People’s Congress
No.2 Xihuang Chenggen North Road, Xicheng District, Beijing 100034

Moderator: Dr Stanley Wong, StanleyWongGlobal – SW Law Corporation; Special Advisor on competition policy, EU-China Trade Project II
Speakers:

Mr Thomas Deisenhofer, Head of Unit (E-4) with responsibility for mergers in basic industries, manufacturing and agriculture, DG Competition, European Commission, Brussels

Mr Enrique González-Díaz, Cleary Gottlieb Steen & Hamilton LLP, Brussels

Ms Alessandra Tonazzi, Special Advisor for International Affairs, Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority), and its representative as Co-Chair, Merger Working Group, International Competition Network, Rome

Objective: to assist MOFCOM in developing its rules on remedies
Topics:
  1. What are the objectives of merger remedies?
  2. What types of remedies and their purpose?
  3. When should remedies be proposed by the parties or considered by MOFCOM?
  4. What are relevant considerations in selecting remedies?
  5. If there are possible conflicts between jurisdictions on remedies, how to resolve them?
  6. How to implement merger remedies?  When to use implementation trustees?
  7. How to monitor conduct remedies?  When to use monitoring trustees?
  8. Can remedies be modified during their implementation?
  Morning Session: REMEDIES I
09:00-09:10: Opening speech by Mr Wu Zhenguo, Deputy Director General of Anti-Monopoly Bureau of Ministry of Commerce
09:10-09:20: Overview of Merger Remedies: its objectives and its effectiveness Dr Stanley Wong
09:20-09:50:

Types of Remedies: structural, behavioural and hybrid by Thomas Deisenhofer, DG Competition

  • characteristics of structural remedies
  • characteristics of behavioural remedies
  • characteristics of hybrid remedies
09:50-10:20:

Timing and Factors for Considering Remedies: Phase 1 (preliminary review), Phase II (in depth review), completion of Phase II review by Ms Alessandra Tonazzi, Italian Competition Authority

  • who should propose?
  • when?
  • relevant factors such as effectiveness and proportionality
  • should remedies be ‘market-tested’?
10:20-10:40: Tea Break
10:40-11:10:

Resolution of Conflict of Remedies between Jurisdictions by Mr Enrique González-Díaz, Cleary Gottlieb

  • in what circumstances should one jurisdiction defer to another jurisdiction where there is a conflict of remedies?
11:10-11:30: Q & A Session
11:30-13:30: Lunch
  Afternoon Session: REMEDIES II
13:30-13:40: Overview of Issues with Implementation of Remedies by Dr Stanley Wong
13:40-14:10:

Implementation of Remedies by Ms Alessandra Tonazzi, Italian Competition Authority

  • how to implement?
  • when should implementation trustees be used?
  • timing
  • impact of implementation issues on choice of remedies
14:10-14:40:

Monitoring of On-going Obligations of a Remedy (conduct remedies)  and Modification of Remedies by Mr Thomas Deisenhofer, DG Competition

  • issues arising from monitoring a remedy with on-going obligations including use of monitoring trustees
  • issues arising from modification of remedies
14:40-15:00: Tea Break
15:00-15:30:

Speaker: Mr Enrique González-Díaz, Cleary Gottlieb
Commentators: Mr Thomas Deisenhofer, DG Competition
                          Ms Alessandra Tonazzi, Italian Competition Authority

15:30-16:00: Q & A Session
  *consecutive English-Chinese interpretation is provided*