EU-China Conference on Private Actions for Damages for Breaches of Competition Law - Day 2

24 May 2013, Beijing,China
Beijing News Plaza, 2nd Floor, Ballroom
No.26 Jianguomen Nei Street, Beijing 100005, China

Agenda

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

Welcomed by:  Mr Wolfgang MEDERER, Head of Unit for Private Enforcement, DG Competition of the European Commission

Representative, University of International Business and Economics

08:30-09:00

Registration

09:00-09:10

Opening Remarks

Session I-The Crossroad between IP Laws and Competition Laws

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

Key Points for Discussion:

- Reconciling protection of intellectual property rights and enforcing competition laws

- Opening access and promoting innovation

- Standard-setting organisations: essential patents, FRAND/RAND and competition laws

09:10-09:55

 

 

 

 

09:55-10:10

Presented by: Mr Roy HOFFINGER, Vice President and Legal Counsel, Qualcomm Inc. (15 minutes)

Mr Jim JEFFS, Competition Counsel, Greater Asia Region, Intel Corporation (15 minutes)

Professor WANG Xianlin, Director, Institute of Economic Law, KoGuan Law School, Shanghai Jiaotong University (15 minutes)

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

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

Dr LI Huiying, Electronic Intellectual Property Centre, Ministry of Industry and Information Technology, PRC

10:10-10:25

Q&A Discussion

10:25-10:45

Tea Break

Session II-Roundtable Discussion on Competition Law Enforcement: Public Enforcement, Private Enforcement and its Interaction

Moderator: Professor HUANG Yong, Director of Competition Law Centre, University of International Business and Economics (UIBE) 

Key Points for Discussion:

- Competition law as understood by the enforcement agency and by judges

- Judicial review of administrative decisions and due process protection

- Stand-alone actions vs. follow-on actions

- Evidential value of decisions by competition authorities before courts

- Standing and limitation periods

10:45-12:00

 

 

Participants: Mr ZHU Li, Judge, IPR Tribunal, Supreme People’s Court, P.R.China

Ms LI Qing, Deputy Director General of Price Supervision and Anti-Monopoly Bureau, National Development and Reform Commission, P.R.China

Ms REN Airong, Director General of Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China

Mr SHANG Ming, Director General of Anti-Monopoly Bureau, Ministry of Commerce, P.R.China

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

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

12:00-13:30

Lunch

Session III-Proving Competition Law Private Claims

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

Key Points for Discussion:

Evidentiary requirements in standalone actions vs follow-on actions

Proving essential elements of claim: breach of law, defining relevant market, causation of harm, measuring damages

Gathering evidence: disclosure between parties; court order for disclosure

Use of economists and other experts for establishing liability and for calculation of damages

13:30-14:10

 

 

14:10-14:30

Presented by: Professor XU Guangyao, School of Law, Nankai University (20 minutes)

Ms Ninette DODOO, Counsel, Clifford Chance, Beijing (20 minutes)

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

Professor SHENG Jiemin, Law School of Peking University

14:30-14:50

Q&A Discussion

Session IV-Assistance of Competition Authorities and Access to Evidence for Claimants in Private Actions

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

Key Points for Discussion:

- Access to public enforcement investigative files

Access to public enforcement court files

- Role of competition authority as intervener in court proceedings

- Access on the basis of information laws

- Impact on leniency policy

14:50-15:10

 

15:10-15:40

Presented by: Mr Wolfgang MEDERER, Head of Unit for Private Enforcement, DG Competition of the European Commission

Comments by: Mr ZHU Li, Judge, IPR Tribunal, Supreme People’s Court, P.R.China

Ms ZHI Shengmin, Director of Price Supervision and Anti-Monopoly Bureau, National Development and Reform Commission, P.R.China

Ms YANG Jie, Director of Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China

Professor WANG Xiaoye, Institute of Law of Chinese Academy of Social Sciences (CASS); Law School of Hunan University

Ms Ninette DODOO, counsel, Clifford Chance, Beijing

15:40-16:00

Q&A Discussion

16:00-16:20

Tea Break

Session V-Calculation of Damages in Private Actions

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

Key Points for Discussion:

- Calculating damages

Other remedies

- Role of experts

16:20-17:00

 

17:00-17:20

Presented by: Mr Wolfgang MEDERER, Head of Unit for Private Enforcement, DG Competition of the European Commission (40 minutes)

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

Mr Justice Gerald BARLING, President, Competition Appeal Tribunal, United Kingdom

Professor SHI Jianzhong, China University of Political Science and Law

17:20-17:40

Q&A Discussion

17:40-17:55

 

Review and Sum Up

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

17:55-18:00

Closing Remarks

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

Mr ZHU Li, Judge, IPR Tribunal, Supreme People's Court, P.R. China

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

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]