Workshops on Vertical Agreements and Intellectual Property Rights - Day 2

11-12 October 2012, Xi’an, Shaanxi Province,China
Building No. 12, Shaanxi Hotel, No 1 Zhang Ba Gou Road, Xi’an 710032
Agenda
12 October 2012

09:00-10:00

Session III- Comparison of EU and China Enforcement Experiences and Practices on Vertical Agreements
Speech: Comparison of EU and China Enforcment Experiences and Practices, presented by Dr Michael HAN, Partner,Freshfields, Bruckhaus, Deringer LLP, Beijing Office

10:00-10:15

Tea Break

10:15-11:15

Speech: How should enforcement officials communicate with private lawyers in an effective and efficient manner, presented by Dr Michael HAN, Partner, Freshfields Bruckhaus, Deringer LLP, Beijing Office

11:15-12:00

Q & A session

12:00-14:00

Lunch

Topic 2: Competition Policy and Intellectual Property Rights
Moderated by Dr Stanley WONG, Special Advisor on Competition Policy, EU-China Trade Project (II)

14:00-15:30

Overview of EU Experience and Practices on Intellectual Property Rights (IPRs)
IPR and Competition Policy, Article 102 TFEU and Refusal to License; Technology Transfer Block Exemption Regulation (TTBER) and Technology Transfer Guidelines (TTGL), presented by Mr Lucas PEEPERKORN, Policy Analyst, Unit of Anti-trust Case Support and Policy, Directorate-General for Competition, the European Commission

15:30-15:45

Tea Break

15:45-16:15

Speech: Abuse of IPRs in the United Kingdom: The Gaviscon Case, presented by Dr Edward SMITH, Director and Senior Economist in the Services, Infrastructure and Public Markets Groups of Office of Fair Trade in the UK

16:15-17:00

Roundtable Discussion

17:00-17:15

Wrap-up and Closing Remarks
Closing remarks by Ms LI Qing, Deputy General Director, Price Supervision and Anti-Monopoly Bureau, National Development and Reform Commission, P.R.China
Closing remarks by Ms YANG Jie, Director, Anti-Monopoly Legislative Affairs Division, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China
Closing remarks by Torben TOFT, Principal Administrator of International Relations, Directorate-General for Competition, the European Commission

 [Consecutive Intepretation both from English-Chinese and Chinese-English is provided]

Workshops on Vertical Agreements and Intellectual Property Rights - Day 1

11-12 October 2012, Xi’an, Shaanxi Province,China
Building No 12, Shaanxi Hotel, No 1 Zhang Ba Gou Road, Xi’an 710032

Agenda
11 October 2012

09:00-09:30

Welcome and Opening Remarks
Mr  XU Kunlin, Director General, Price Supervision and Anti-Monopoly Bureau, National Development and Reform Commission, P.R.China
Ms  LIU Ye, Deputy Director General, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China
Mr  Torben TOFT, Principal Administrator of International Relations, Directorate-General for Competition, the European Commission
Mr  ZHANG Wenbo, Director General, Price Bureau of Shaanxi Province
Chaired by Ms LI Qing, Deputy Director General Price Supervision and Anti-Monopoly Bureau, National Development and Reform Commission, P.R.China

Topic I-Vertical Agreements
Moderator:  Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP (II)

09:30-10:30

Session I- EU Experience and Practice on Vertical Agreement
Overview of regulation of vertical relationships, Article 101 TFEU, relevant concepts, structure of vertical restraints block exemption regulation (Commission Reg (EU) No 330/2010 (VRBER) and Guidelines on Vertical Restraints VRGL), presented by Mr Lucas PEEPERKORN, Policy Analyst, Unit of Anti-trust Case Support and Policy, Directorate-General for Competition, the European Commission

10:30-10:45

Tea Break

10:45-11:45

Session I- EU Experience and Practice on Vertical Agreement (cont.)
Overview of regulation of vertical relationships, Article 101 TFEU, relevant concepts, structure of vertical restraints block exemption regulation (Commission Reg (EU) No 330/2010 (VRBER) and Guidelines on Vertical Restraints VRGL), presented by Mr Lucas PEEPERKORN, Policy Analyst, Unit of Anti-trust Case Support and Policy, Directorate-General for Competition, the European Commission

11:45-12:15

Q & A Session

12:00-14:00

Lunch

14:00-15:00

Session I: EU Experience and Practice on Vertical Agreement (cont.)
Speech on Details of VRBER and VRGL and Case Examples, presented by Mr Lucas PEEPERKORN, Policy Analyst, Unit of Anti-trust Case Support and Policy, Directorate-General for Competition, the European Commission

15:00-15:15

Tea Break

15:15-16:15

Session II: The Experience of the Office of Fair Trading, the United Kingdom
Speech on Vertical Restraints in UK, presented by Dr Edward SMITH, Director and Senior Economist in the Services, Infrastructure and Public Markets Groups of Office of Fair Trade in the UK

16:15-17:00

Panel Discussion:
Ms LI Qing  Deputy General Director, Price Supervision and Anti-Monopoly Bureau, National Development and Reform Commission, P.R.China
Processor WANG Xiaoye, Chinese Academy of Social Science
Professor  HUANG Yong, University of International Business & Economics
Professor  WU Hanhong, Renmin University of China
Mr Lucas PEEPERKORN, Policy Analyst, Unit of Anti-trust Case Support and Policy, Directorate-General for Competition, the European Commission
Dr Edward SMITH, Director and Senior Economist in the Services, Infrastructure and Public Markets Groups of Office of Fair Trade in the UK
Ms Ninette DODOO, Counsel of Clifford Chance LLP, Beijing

17:00-17:30

Q & A Session

 [Consecutive Intepretation both from English-Chinese and Chinese-English is Provided]

Workshops on Supplementary Rules of Anti-Monopoly Law - Day 2

9-10 October 2012, Xi’an, Shaanxi Province,China
Building No 10, Shaanxi Hotel, No 1 Zhang Ba Gou Road, Xi’an 710032
Agenda
10 October 2012

Session III: Simplified Procedure
Moderator: Ms YIN Yanling, Director of Competition Policy Division, Anti-Monopoly Bureau of Ministry of Commerce, People’s Republic of China

09:30-09:35

Introduction on Legislative Background in China
Presented by SUN Miao, Director of Competition Policy Division, Anti-Monopoly Bureau of Ministry of Commerce, People’s Republic Of China

09:35-09:50

Overview of the Regime of Simplified Procedure
Presented by Dr Stanley WONG, Special Adisor on Competition Policy, Eu-China Trade Project (II)

09:50-11:00

Topic I: Types of transactions of concentrations suitable for simplified procedure
09:50-10:10 Speech presented by Sophie MOONEN, Acting Head of Unit for Mergers , Directorate-General for Competition of the European Commission
10:10-10:30 Simplified Procedure: The Portuguese Experience, presented by Dr António GOMES, Director of the Merger Department Portuguese Competition Authority

 

10:30-10:45 Comment by Dr LIU Dongping, University of International Business and Economics
10:45-11:00 Discussion

11:00-11:15

Tea Break

11:15-12:25

Topic 2: Application criteria of simplified procedure of concentration
11:15-11:35 Speech presented by Sophie MOONEN, Acting Head of Unit for Mergers , Directorate-General for Competition of the European Commission
11:35-11:55 Speech presented by Dr António GOMES, Director of the Merger Department, Portuguese Competition Authority
11:55-12:10 Comments by Professor HUANG Yong, University of International Business and Economics

 

12:10-12:25 Discussion

12:25-14:00

Lunch

14:00-15:10

Topic III: In the notification period, the procedures which the notifying parties and the enforcement agency should apply
Moderator: Dr Stanley WONG, Special Adisor on Competition Policy, Eu-China Trade Project (II)
14:00-14:20 Speech presented by Sophie MOONEN,Acting Head of Unit for Mergers, Directorate-General for Competition of the European Commission
14:20-14:40 Speech presented by Dr António Gomes, Director of the Merger Department Portuguese Competition Authority
14:40-14:55 Comments by Dr LIU Dongping
14:55-15:10 Discussion

15:10-15:25

Tea Break

15:25-16:35

Topic IV: In the reviewing period, the procedures which the notifying parties and the enforcement agency should apply
15:25-15:45 Speech presented by Sophie MOONEN, Acting Head of Unit for Mergers , Directorate-General for Competition of the European Commission
15:45-16:05 Speech presented by Dr António GOMES, Director of the Merger Department Portuguese Competition Authority
16:05-16:20 Comments by Professor HUANG Yong, University of International Business and Economics
16:20-16:35 Discussion

16:35-16:55

Concluding Remarks
Mr Torben TOFT, Principal Administrator of International Relations, Directorate-General for Competition of the European Commission
Ms YIN Yanling, Director of Competition Policy Division, Anti-Monopoly Bureau of Ministry of Commerce, People’s Republic of China

[Consecutive Intepretation from English-Chinese and Chinese-English Provided]

Workshops on Supplementary Rules of Anti-Monopoly Law - Day 1

9-10 October 2012, Xi’an, Shaanxi Province,China
Building No 10, Shaanxi Hotel, No 1 Zhang Ba Gou Road, Xi’an 710032

Agenda

9 October 2012

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

08:30-09:00

Registration

09:00-09:15

Welcome and Opening Remarks
WU Zhenguo, Deputy Director General of Anti-Monopoly Bureau of Ministry of Commerce, People’s Republic of China
Ms Sophie MOONEN, Acting head of Unit for Mergers, Directorate-General for Competition of the European Commission

Session I-Legislation on Remedies

09:15-09:20

Introduction on Chinese legislative background of the rules on remedies
Speech by Ms YIN Yanling, Director of Competition Policy Division, Anti-Monopoly Bureau of Ministry of Commerce, People’s Republic of China

09:20-10:50

Topic I: Evaluation of remedies: criteria, methods, modification and finalisation

 

09:20-09:40 Speech presented by Sophie MOONEN, Acting Head of Unit for Mergers , Directorate-General for Competition (DG COMP), the European Commission (P1-13)
09:40-10:00 Merger Remedies in the UK, presented by Graeme REYNOLDS, Director of Remedies and Business Analysis Competition Commission, the United Kingdom
10:00-10:20 Merger Remedies: The Portuguese Experience, Presented by Dr António GOMES, Director of the Merger Department Portuguese Competition Authority

 

10:20-10:35 Comments by Dr HAN Wei, Chinese Academy of Social Sciences

 

10:35-10:50 Discussion

10:50-11:00

Tea Break

11:00-12:30

Topic II: Implementation of remedies: respective obligations for: enforcement agency, undertakings concerned, buyer of divested business, and undertakings with behavioral obligations & trustees

 

11:00-11:20 Speech presented by Sophie MOONEN, Acting Head of Unit for Mergers , Directorate-General for Competition (DG COMP), the European Commission (P14-19)
11:20-11:40 Speech presented by Graeme REYNOLDS, Director of Remedies and Business Analysis Competition Commission, United Kingdom
11:40-12:00 Speech presented by Dr António GOMES,Director of the Merger Department Portuguese Competition Authority

 

12:00-12:15 Comments by Dr HAN Wei, Chinese Academy of Social Sciences
12:15-12:30 Discussion

12:30-12:40

Concluding remarks
Dr Stanley WONG, Special Adisor on Competition Policy, EU-China Trade Project (II)
Ms YIN Yanling, Director of Competition Policy Division, Anti-Monopoly Bureau of Ministry of Commerce, People’s Republic of China

12:40-14:00

Lunch

Session II: Identifying undertakings concerned
Moderator: Ms YIN Yanling, Director of Competition Policy Division, Anti-Monopoly Bureau of Ministry of Commerce, People’s Republic of China

14:00-14:05

Introduction on legislative background in China
Presented by SUN Miao, Director of Competition Policy Division, Anti-Monopoly Bureau of Ministry of Commerce, People’s Republic of China

14:05-14:15

Overview of the regime of identifying undertakings concerned
Presented by Dr. Stanley WONG, Special Adisor on Competition Policy, EU-China Trade Project (II)

14:15-16:15

Topic I: The meaning of control and decisive influence in the context of concentration between undertakings
14:15-14:55 Speech presented by Sophie MOONEN, Acting Head of Unit for Mergers , Directorate-General for Competition of the European Commission
14:55-15:05 Comments by Graeme REYNOLDS, Director of Remedies and Business Analysis Competition Commission, the United Kingdom
15:05-15:15 Comments by Dr António GOMES,Director of the Merger Department Portuguese Competition Authority
15:45-16:00 Comments by Professor WANG Xianlin, Shanghai Jiaotong University
16:00-16:15 Discussion

16:15-16:30

Tea Break

16:30-18:00

Topic 2: Important cases involving purchase of minority shareholding and  part of the assets, and the method of identifying undertakings concerned
16:30-17:10 Speech presented by Sophie MOONEN, Acting Head of Unit for Mergers , Directorate General for Competition of the European Commission
17:10-17:20 Comments by Graeme REYNOLDS, Director of Remedies and Business Analysis Competition Commission, the United Kingdom
17:20-17:30 Comments by Dr António GOMES,Director of the Merger Department Portuguese Competition Authority
17:30-17:45 Comments by Professor WANG Xianlin, Shanghai Jiaotong University
17:45-18:00 Discussion

18:00-18:20

Concluding Remarks
Dr Stanley WONG, Special Adisor on Competition Policy, EU-China Trade Project (II)
Ms YIN Yanling, Director of Competition Policy Division, Anti-Monopoly Bureau of Ministry of Commerce, People’s Republic of China

18:30

Dinner

 

[Consecutive Intepretation from English-Chinese and Chinese-English Provided]