SAIC/NDRC02: Remedies in Anti-competitive Agreements and Anti-competitive Unilateral Conduct (abuse of dominance) Cases - day 2

Friday, 16 March 2012
Wuxi, Jiangsu Province

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

Mr Kris Dekeyser, Head of Unit for Cartels, Directorate General for Competition, European Commission

Dr EmmanuelaTruli, Commissioner-Rapporteur, Hellenic Competition Commission

Ms Monique Van Oers, Director, Legal Department, Netherlands Competition Authority

Mr Ciarán Quigley, Secretary to the Authority and Leniency Officer (former Member of the Authority)

Mr David Anderson, Partner with Berwin Leighton Paisner LLP, Brussels

Topics:
  1. Settlements Policy and Practice
  2. Behavioural Remedies
  3. Trade Associations
Morning Session
09:00-09:10: Introduction: Stanley Wong
09:10-11:10:

Discussion 1 - Settlements Policy and Practice by Kris Dekeyser (60 min for presentation and discussion with time for consecutive interpretation)

  • rationale for settlement
  • elements of settlement protocol
  • what does the authority get and what does it give up?
  • what does the party give up and what does it get?
  • impact on follow-on private actions
*Commentators: David Anderson, Monique Van Oers
11:10-11:30: Tea Break
11:30-12:30:

Discussion 2- Behavioural Remedies: Choice, Implementation and Monitoring by David Anderson (30 min for presentation with time for consecutive interpretation)

  • range of behavioural remedies: supply of goods; supply of services (access); licensing of brands; licensing of technology; pricing (to avoid margin squeezes)
  • implementation issues
  • monitoring issues
  • practice/application in EU
*Commentators: Kris Dekeyser, Emmanuela Truli
12:30-13:30:; Lunch
Afternoon Session
13:30-14:30: Continue Discussion on Behavioural Remedies (30 min discussion with time for consecutive interpretation)
*Commentators: Kris Dekeyser, Emmanuela Truli
14:30-15:30:

Discussion 3- Trade Associations and Competition Law Enforcement by Emmanuela Truli (30 min for presentation with time for consecutiveinterpretation)

  • role of trade associations and implications for competition law and policy including
  • potential to promote goals of competition law and policy
  • potential to harm or hinder the promotion of the goals of competition law and policy
  • types of activities of trade associations and their relevance for competition law: sharing of information; coordination of conduct of members
  • experience of EU competition authorities
  • the past and present role of trade associations in the Chinese economy
*Commentators: David Anderson, Monique Van Oers, Ciarán Quigley
15:30-15:50: Tea Break
15:50-16:50: Continue Discussion on Trade Associations and Competition Law Enforcement (30 min discussion with time for consecutive interpretation)
*Commentators: David Anderson, Monique Van Oers, Ciarán Quigley
16:50-17:30: Q&A and Conclusion

SAIC/NDRC01: Remedies in Anti-competitive Agreements and Anti-competitive Unilateral Conduct (abuse of dominance) Cases - day 1

Thursday, 15 March 2012
Wuxi, Jiangsu Province

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

Mr Kris Dekeyser, Head of Unit for Cartels, Directorate General for Competition, European Commission

Dr Emmanuela Truli, Dr Emmanuela Truli, Commissioner-Rapporteur, Hellenic Competition Commission

Ms Monique Van Oers, Director, Legal Department, Netherlands Competition Authority

Mr Ciarán Quigley, Secretary to the Authority and Leniency Officer (former Member of the Authority)

Mr David Anderson, Partner with Berwin Leighton Paisner LLP, Brussels

Topics:
  1. Introduction to the range of available remedies
  2. Fining Policy and Practice
  3. Model Leniency Policy and Practice
Morning Session
09:00-09:25:

Opening remark Ning Wanglu, Director General of Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau of State Administration for Industry and Commerce

Li Qing, Deputy Director General of Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission

Representative from Jiangsu Province

Kris Dekeyser, Head of Unit for Cartels, Directorate General for Competition, European Commission

09:25-09:55:

Discussion 1 - Introduction: the range of available remedies and choice of appropriate remedies by Dr Stanley Wong (15 min discussion with time for consecutive interpretation)

  • prohibition orders (cease & desist)
  • fines (including leniency)
  • settlements
  • behavioural remedies (including implementation and monitoring)
  • private actions
*Commentator: Kris Dekeyser
09:55-10:15: Tea Break
10:15-12:15:

Discussion 2 - Fining Policy and Practice by Monique Van Oers (60 min for presentation and discussion with time for consecutive interpretation)

  • purpose
  • methodology: comparisons across EU competition authorities
  • practice/application in EU
  • court review
*Commentators: Kris Dekeyser, Ciarán Quigley
12:15-12:45: Q&A
12:45-14:00: Lunch
Afternoon Session
14:00-16:00:

Discussion 3 - Model Leniency Policy and Practice by Ciarán Quigley (60 min for presentation and discussion with time for consecutive interpretation)

  • elements of programme
  • choices and rationale in designing programme
  • adoption by EU competition authorities
  • highlights of application by EU competition authorities
  • importance of leniency to enforcement
*Commentators: Kris Dekeyser, David Anderson, Emmanuela Truli ;
16:00-16:20: Tea Break
16:20-17:00: Q&A and Conclusion

MOFCOM: Roundtable on Mergers in the ICT sector

Tuesday, 13 March 2012
MOFCOM

Moderator: Dr Stanley Wong, StanleyWongGlobal; Special Advisor on competition policy, EU-China Trade Project (II)
Topics:                   

  1. Merger Review in the ICT sector                                                                      
  2. Case study I Hardware : Merger review of Western Digital/Hitachi and Seagate/Samsung hard disk mergers
    1. comparison of reviews undertaken by European Union and China with respect to
      1. *investigative techniques including information gathering
      2. *analysing the competitive effects including use of economic and quantitative techniques
      3. *remedies/conditions for clearance, if any (including implementation and monitoring issues)
  3. Case study II Software: Merger review of Intel / McAfee merger
    • comparison of reviews undertaken by European Union and China with respect to
      • *investigative techniques including information gathering
      • *analysing the competitive effects including use of economic and quantitative techniques
      • *remedies/conditions for clearance, if any (including implementation and monitoring issues)
  4. Brief discussion of case study III: Merger review of Panasonic / Sanyo merger

MORNING SESSION

09:00-09:10: Open Remark: representative from Anti-Monopoly Bureau of Ministry of MOFCOM
09:10-09:20: Introduction: The specific case of mergers in the ICT sector by Dr Stanley Wong
09:20-10:00: The EU experience of mergers in the ICT sector (hardware) – A brief history with lessons learned (20 minute presentation with time for consecutive interpretation).
10:00-10:40: EU review of Western Digital/Hitachi and Seagate/Samsung hard disk mergers (20 minute presentation with time for consecutive interpretation).
10:40-11:20: China review of Seagate/Samsung hard disk mergers (20 minute presentation with time for consecutive interpretation).
11:20-12:00: Roundtable comparative discussion (20 minutes with time for interpretation)
12:00: Lunch

AFTERNOON SESSION

14:00 – 14:40: The EU experience of mergers in the ICT sector (software) – A brief history with lessons learned focusing on the specificities of this sub-sector (20 minute presentation with time for consecutive interpretation).
14:40-15:20: China review of Panasonic / Sanyo merger
(20 minute presentation with time for consecutive interpretation)
15:20-16:00: EU review of Intel / McAfee merger
(20 minute presentation with time for consecutive interpretation)
16:00-16:40: Roundtable comparative discussion (20 minutes with time for interpretation)
*Consecutive interpretation English – Chinese is provided*
18:00 Evening networking session – South Beauty Restaurant, Oriental Plaza