Workshop on Simplified Merger Review Procedure - Day 4

Workshop on Simplified Merger Review Procedure

Kunming Yijing Garden Resort&Spa Hotel
NO.1288 Dian Chi Road, Kunming 650228, Yunnan Province, China

Agenda
24 October 2013


08:00-08:30
08:30-08:50

Registration
Opening remarks
Mr WU Zhenguo, Deputy Director General of Anti-Monopoly Bureau, Ministry of Commerce, P.R.China
Mr Torben TOFT, Principal Administrator of International Relations, Directorate-General for Competition, the European Commission

Session I: Applicable criteria for simplified procedures and the role of pre-notification consultations
Moderator: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP II

08:50-09:10

Brief remarks from EU and Member State perspectives
Presented by: Ms Maria-Elena DESPOTT, Mergers Case Support and Policy (A-2), DG Competition, European Commission
Mr Simon GENEVAZ, Deputy Head of Unit, Concentrations (Mergers), Autorité de la Concurrence (France)

09:10-10:10

Presentation by Prof. HUANG Yong, Director, Competition Law Centre, University of International Business and Economics (UIBE)
Presentation by REN Yong, the Founder and Managing Partner of T&D Associates

10:10-10:30

Tea Break

Session II: Procedural rules of EU and French Simplified Merger Procedure
Moderator: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP II

10:30-12:30

Presentation by:
Ms Maria-Elena DESPOTT, DG Competition, European Commission
Mr Simon GENEVAZ, Autorité de la Concurrence (France)

12:30-14:00

Lunch

Session II: Procedural rules of EU and French Simplified Merger Procedure (Continued)
Moderator: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP II

14:00-15:00

Presentation by Prof. SHI Jianzhong, China University of Political Science and Law (CUPL) and director in Competition Law Center, CUPL
Presentation by Ms NING Xuanfeng, Senior Partner King & Wood Mallesons, Beijing
Presentation by Ninette DODOO, Counsel, Clifford Chance LLP, Beijing
Presentation by François RENARD, Counsel, Allen & Overy Beijing office
Presentation by Patrick R. BOCK, Partner, Cleary Gottlieb Steen & Hamilton LLP’s Cologne, Germany, office

15:00-15:20

 

 

 

Tea break

Session III: Relevant issues relating to the streamlined cases under concentration review in China
Moderator: Prof. HUANG Yong, University of International Business and Economics

 

15:20-16:00

Mr LYV Jiang, Director at Competition Policy Division, Anti-Monopoly Bureau, Ministry of Commerce, P.R China

16:00-17:00

Presentation by Mr XIAO Wei, Partner, Jun He Law Firm, Beijing
Presentation by Dr Michael HAN, Partner, Freshfields Bruckhaus Deringer LLP, Beijing
Presentation by Mr WU Peng, Partner, Zhong Lun Law Firm

17:00-17:20

Closing Remarks

Workshop on Disguised Cartels and Collective Dominance in Competition Policy - Day 3

Workshop on Disguised Cartels and Collective Dominance in Competition Policy
Kunming Dian Chi Spring Spa Resort
NO.1288 Dian Chi Road, Kunming, Yunnan Province, China

Agenda
23 October 2013


Moderator: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP II

09:00-10:00

INVESTIGATIVE PROCESS: From Start to Finish
- finding and analysing clues
- determining whether to open a case investigation;
- methodology of evidence collection;
- inspections and information requests;
- interviews of individuals and hearings under oath;
- screening evidence;
- electronic based evidence handling and analysing;
- use of experts (internal and external);
- leniency;
- settlements; commitments
- case reference illustrating the above

Speech: EU Practice
Presented by: Mr Torben TOFT, Administrator, International Relations (A-5), DG Competition, European Commission

 

Commentators:
Ms Victoria BALAGUER, Senior Case Officer, Monopolies Division, Competition Authority (Ireland)
Mr Simon GENEVAZ, Deputy Head of Unit, Autorité de la Concurrence (France)

10:00-11:00

Specific Issues in Abuse of Dominance Cases
Impact of effects-based approach to enforcement in abuse cases; Use of economic evidence; Use of economic experts; Shaping Remedies; Settlements and its enforcement
Presented by: Ms Victoria BALAGUER , Competition Authority (Ireland)

11:00-11:30

Speech: SAIC Practice on Abuse of Dominance Investigations
Presented by: Ms CAO Hongying, Director of General Office, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China

11:30-11:50

Tea Break

11:50-12:10

Discussants: Mr Torben TOFT, DG Competition, European Commission
Mr Simon GENEVAZ , Autorité de la Concurrence (France)

12:10-12:40

Q & A Session

12:40-14:10

Lunch

Moderator: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP II

14:10-15:10

 

 

Specific Issues in Horizontal Agreements and Vertical Agreement Cases
Role of leniency and its impact on investigative process; Role of settlements and its impact on investigative process;
Presented by: Mr Simon GENEVAZ, Autorité de la Concurrence (France)
Commentators: Mr Torben TOFT , DG Competition, European Commission
Ms Victoria BALAGUER , Competition Authority (Ireland)

14:40-15:00

Tea Break

15:00-15:20

Speech: SAIC Practice on Horizontal and Vertical Agreements Investigations
Presented by: Mr SONG Yang, Deputy Director, Fair Trade Enforcement Division, Liaoning Administration for Industry and Commerce

15:20-16:10

Q & A Session

16:10-16:20

Closing Remarks

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

Workshop on Disguised Cartels and Collective Dominance in Competition Policy - Day 2

Workshop on Disguised Cartels and Collective Dominance in Competition Policy
Kunming Dian Chi Spring Spa Resort
NO.1290 Dian Chi Road, Kunming, Yunnan Province, China

Agenda
22 October 2013


08:30-09:00
09:00-09:20

Registration
Opening remarks
Ms LIU Ye, Deputy Director General of Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China
Ms Blanca RODRIGUEZ-GALINDO, Head of Unit of International Relations (A-5) (former Head of Unit for Regional Aid), Directorate General for Competition of the European Commission

Moderator: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP II

09:20-10:05

 

 

Session I - DISGUISED CARTELS
Speech: Joint Ventures
Competition concerns with collaboration by competitors through joint ventures; EU enforcement practice under Article 101 TFEU and EU Merger Regulation
Presented by: Dr Frank MONTAG, Partner, Freshfields, Bruckhaus Deringer LLP, Brussels

10:05-10:50

Speech: Industry Restructuring (“Crisis Cartel”)
Rationale for applying competition law to collaborations by competitors to restruct their industry; Role of governments in supporting industry restructuring; Application of EU competition law (Article 101 TFEU) and EU national competition laws; Conditions to rely successfully on defense under Article 101(3) TFEU; BIDS case
Presented by: Ms Victoria BALAGUER, Senior Case Officer, Monopolies Division, Competition Authority (Ireland)

10:50-11:10

Tea Break

11:10-11:55

Roundtable Discussion

Discussants: Mr ZHAO Guobin, Director of Enforcement Division, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China
Ms Maria-Elena DESPOTT, Mergers Case Support and Policy (A-2), DG Competition, European Commission
Ms Victoria BALAGUER , Competition Authority (Ireland)
Dr Frank MONTAG, Freshfields, Bruckhaus Deringer LLP
Mr HAN Wei, Post-doctoral Fellow, University of Chinese Academy of Sciences

11:55-12:25

Q & A Session

12:25-13:55

Lunch

Moderator: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP II

 

13:55-14:40

 

Session II - COLLECTIVE DOMINANCE, ARTICLE 102 TFEU
Speech: Collective Dominance in EU Competition Law in Theory and Practice
Theory of harm for collective abuse of dominance; Challenges in enforcement against collective dominance; Current EU enforcement
Presented by: Dr Frank MONTAG, Freshfields, Bruckhaus Deringer LLP

14:40-15:00

Speech: Collective Dominance under AML
Key issues for enforcement; current enforcement practice and experience
Presented by: Professor HUANG Yong, Director, Competition Law Centre, University of International Business and Economics (UIBE)

15:00-15:20

Tea Break

15:20-16:05

Roundtable Discussion

Discussants: Ms YANG Jie, Director of Anti-Monopoly Legislative Affairs Division, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R.China
Mr Torben TOFT, DG Competition, European Commission
Dr Frank MONTAG, Freshfields, Bruckhaus Deringer LLP
Professor HUANG Yong, UIBE

16:05-16:50

Q & A Session

Workshop on State Aid and Service of General Economic Interest in Competition Policy - Day 1

Workshop on State Aid and Service of General Economic Interest in Competition Policy

Kun Ming, China
Hai Geng Hotel, NO.2 Yi Jing Road, Kunming 650228
Agenda
21 October 2013


08:30-09:00
09:00-09:20

Registration
Opening remarks
Ms LI Qing, Deputy Director General of Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission
Ms Blanca RODRIGUEZ-GALINDO, Head of Unit of International Relations (A-5) (former Head of Unit for Regional Aid), Directorate General for Competition of the European Commission

Moderator: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP II

09:20-11:00

Session I - STATE AID UNDER EU LAW, ARTICLE 107 TFEU
Introduction: Provisions’ purpose in EU law and their adaptability to China
Presented by: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP II

Speech: Introduction to State Aid under EU Competition Law
What is State Aid (Article 107 TFEU)?; Why is State Aid reviewed under EU competition law? Investigative and enforcement powers and remedies of EU Commission; Notification procedure as central part of enforcement of State Aid rules; Unique challenges in State Aid enforcement; Recent cases
Presented by: Ms Blanca RODRIGUEZ-GALINDO, DG Competition, European Commission

11:00-11:20

Tea Break

11:20-12:00

Commentator: Dr Frank MONTAG, Partner, Freshfields, Bruckhaus Deringer LLP, Brussels

12:00-12:30

Q & A session

12:30-14:00

Lunch

Moderator: Dr Stanley WONG, Special Advisor on Competition Policy, EUCTP II

14:00-15:30

Session II - SERVICES OF GENERAL ECONOMIC INTEREST (SGEI)
Introduction to SGEI under EU Competition Law
Services of a general economic interest (SGEI) as a limitation to application of competition rules (Article 106(2) TFEI); Relation of SGEI to rules on State Aid; Current state of enforcement by the European Commission
Presented by: Ms Blanca RODRIGUEZ-GALINDO , DG Competition, European Commission
Dr Frank Montag, Freshfields, Bruckhaus Deringer LLP

15:30-16:00

Q & A Session

16:00-16:20

Tea Break

16:20-17:05

Roundtable Discussion on State Aid and SGEI

Discussants: Ms Blanca RODRIGUEZ-GALINDO, DG Competition, European Commission
Dr Frank MONTAG, Freshfields, Bruckhaus Deringer LLP
Ms ZHI Shengmin, Director of Competition Policy and International Cooperation, Price Supervision and Anti-Monopoly Bureau, National Development and Reform Commission
Prof HUANG Yong, Director of Competition Law Centre, University of International Business & Economics (UIBE)
Prof TAN Wei, Hanqing Advanced Institute of Economics and Finance, Renmin University of China
Mr HAN Wei, Post-doctoral Fellow, University of Chinese Academy of Sciences
Mr ZHANG Wei, School of Economics, Shandong University

17:05-17:50

Q & A Session

17:50-18:00

Closing Remarks

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