Day 4: Workshop on calculating fines and procedural fairness

Day 4: Workshop on calculating fines and procedural fairness
19 March 2015
Venue: Tangla Hotel, 19 Fuxingmenwai Street, Chang’an Avenue West, Beijing 100045, China
Agenda


08:30-09:00

Registration

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EUCTP II

09:00-12:00
(tea break will be decided by moderator depending on progress of the discussion)

Session I – Methods for setting fines in cartel cases
Overview:

  • Basis for calculating the fine (percentage of turnover/ volume of sales/ market shares/ illegal gain)
  • Calculating the fine, including the duration of the infringement
  • Treatment of mitigating and aggravating factors
  • Fining guidelines

09:00-11:20 Presentations and discussions by:

Comments by Antonio Butta, Economic Assistant to the Chairman of the Italian Competition Authority (AGCM) (10-20 minutes)

  • Mr CHEN Da, Director, Market Supervision Division, Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission (40 minutes)

Comments by Dr ZHANG Chenying, Associate Professor, Law School, Qinghua University (20 minutes)
11:20-12:00 Q&A Session

12:00-13:30

Lunch

13:30-15:00
(Coffee break will be decided by moderator depending on progress of the discussion)

Session IIChallenges to setting fines
Overview:

  • Treatment of parents and subsidiaries
  • Treatment of trade associations and business associations
  • Appellate review
  • Collection of fines
  • Interaction between fines, leniency and settlements

13:30-14:30 Presentations and discussions by:

Comments by Vivien Terrien, Legal Secretary, Chambers of the President Judge Jaeger, General Court and (20 minutes)

14:30-15:00 Q&A Session

15:00-16:45

Session IIIprocedural fairness discussion (suggestion – publication of decisions)
Overview:

  • Timing and content of published decisions
  • Publishing decisions to close investigations or reasons for not taking enforcement action
  • Recent developments

Discussion and exchange of experiences between DG COMP, EU Member State and NDRC
Torben Toft, DG Competition, to lead off discussion, with Blaz Visnar, Case Handler, DG Competition, Maarten Schueler, ACM, and Antonio Butta, AGCM, Vivien Terrien, General Court (EU), Mr WAN Jiang, Senior Officer Legislation Division of NDRC, each providing overview of practices in publishing decisions, and Professor HUANG Yong, Director of Competition Law Centre, University of International Business and Economics (UIBE)
16:30-16:45 Q&A Session

16:45-17:00

Closing remarks

17:00-17:30

Meeting to discuss topics for the next competition week: NDRC and DG Competition

[Consecutive interpretation both from English-Chinese and Chinese-English provided – please take note that the indicated length of presentations is the total time including interpretation]

Day 3: Workshop on IPR in competition cases, with a focus on the pharmaceutical sector

Day 3: Workshop on IPR in competition cases, with a focus on the pharmaceutical sector
18 March 2015
Venue: Tangla Hotel, 19 Fuxingmenwai Street, Chang’an Avenue West, Beijing 100045, China
Agenda


08:30-09:00

Registration

09:00 -09:15

Opening remarks
Mr ZHANG Handong, Director General of Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission
Torben Toft, Principal Administrator, European Commission from Directorate General for Competition, European Commission, Brussels

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EUCTP II

09:15-12:30
(Coffee break will be decided by moderator depending on the progress of the discussion)

Session I – Balance between competition and the protection of IPR
Overview:

  • A competition framework for analysing IP practices – the theoretical and practical basis for competition law intervention
  • 2014 Technology transfer block exemption regulation - update
  • 2014 Administrative rules for the enforcement of AML against the abuse of IPR - update

9:15-11:50 Presentations by

Comments from Antonio Butta, Economic Assistant to the Chairman of the Italian Competition Authority (AGCM) (20 minutes)

Comments from Dr XIAO Jiangping, Associate Professor, Law School of Peking University (15 minutes)
11:50-12:30 Q&A session

12:30-14:00

Lunch

14:00-17:00
(Coffee break will be decided by moderator depending on the progress of the discussion)

Session II – Competition and IPR in the pharmaceutical industry
Overview:

  • Competition issues that can arise in licensing of technology and patents in the pharmaceutical sector
  • Generic entry and pay for delay settlements

14:00-16:30 Presentations and discussion by

Comments from Maarten Schueler, Senior Competition Lawyer, Legal Service of the Netherlands Authority for Consumers & Markets (ACM) / Vivien Terrien, General Court (EU) / Dr YANG Dong, Associate Professor, Deputy Head of Law School, Renmin University (20 minutes each)

16:30-17:15 Q&A session

17:15-17:30

Closing remarks
ZHAO Guobin, Director of Enforcement Division One, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R. China

[Consecutive interpretation both from English-Chinese and Chinese-English provided – please take note that the indicated length of presentations is the total time including consecutive interpretation]

 

Day 2: Workshop on evidentiary issues in antimonopoly cases

Day 2: Workshop on evidentiary issues in antimonopoly cases
17 March 2015
Venue: Tangla Hotel, 19 Fuxingmenwai Street, Chang’an Avenue West, Beijing 100045, China
Agenda


08:30-09:00

Registration

09:00-09:15

Opening remarks
LU Wanli, Deputy Director General from Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R. China
Torben Toft, Principal Administrator, European Commission from Directorate General for Competition, European Commission, Brussels

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EUCTP II

09:15-11:15
(tea break will be decided by moderator depending on progress of the discussion)

Session I – Evidentiary issues in exclusionary abuse of dominance cases
Overview:

  • Concepts and determinants for market power assessment
  • Standards for establishing dominance
  • Economic evidence required to evaluate exclusionary abuses
  • Collection and evaluation of evidence

9:15-10:55 Presentations and discussions by

10:55-11:30 Q&A Session

11:30- 13:00

Lunch

13:00-14:30

Session IILoyalty Discounts
Presentation by

14:00-14:30 Q&A session

14:30-15:45
(tea break will be decided by moderator depending on progress of the discussion)

Session III Experience with courts on evidentiary standards for establishing an abuse (in non-price cases)
Presentations and discussions by

Discussants: Maarten Schueler, ACM / Ulrich von Koppenfels, DG Competition (15 minutes altogether)
15:15-15:45 Q&A session

15:45-17:00

Session IV Accessing information located in foreign jurisdictions
Overview

  • Experience of DG COMP and EU Member State (outside of the ECN) – lessons learnt

Discussion with:

16:30-17:00 Q&A and discussion

17:00-17:30

Meeting to discuss topics for the next competition week: SAIC and DG Competition

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

Day 1: Workshop on Merger Review – the concept of control in merger transactions and IPR considerations in merger cases

Day 1: Workshop on Merger Review – the concept of control in merger transactions and IPR considerations in merger cases
16 March 2015
Venue: MOFCOM, Beijing
Agenda


08:30-09:00

Registration

09:00-09:15

Welcome and Opening remarks
WU Zhenguo, Deputy Director General, Anti-Monopoly Bureau Ministry of Commerce, People’s Republic of China, Beijing
Torben Toft, Principal Administrator, European Commission from Directorate General for Competition, European Commission, Brussels

09:15-11:45
(tea break will be decided by moderator depending on the progress of the discussion)

Session I - The concept of control in merger transactions
Overview:

  • Definition of “concentration” in a merger transaction
  • Acquisition of control, means of control, object of control, sole and joint control
  • Comparison of criteria to identify control: objective/numeric and economic criteria
  • The use of guidelines to make standards more predictable
  • Exemptions and transactions which do not qualify

[Format: Presentation followed by discussion and Q&A]
9:15-10:30 Presentations:

Co-moderators:

  • MOFCOM
  • Hilary Jennings, Special Adviser on Competition Policy, EUCTP II

10:30-11:45 Discussion and Q&A Session

11:45-13:15

Lunch

1315-15:00
(tea break will be decided by moderator depending on the progress of the discussion)

Session II - The acquisition of minority shareholdings in merger review
Overview:

  • Minority shareholdings in regimes with acquisition of control standard
  • An enforcement “gap”?

13:15-14:00 Presentations:

Discussant: Timothy Geer, Competition and Markets Authority, UK (15 minutes)

Co-moderators:

  • MOFCOM
  • Hilary Jennings, Special Adviser on Competition Policy, EUCTP II

14:00-14:45 Discussion and Q&A Session
14:45-15:00 Tea break

15:00-16:45

Session III - IPR considerations in merger cases
Overview:

  • Balancing IP protection and the potential for anti-competitive restrictions in merger review
  • Substantive assessment of IP issues in merger cases
  • IP rights at the remedies stage

15:00-16:00 Presentations and discussions by:

Discussants: Blaz VISNAR, Case Handler DG Competition and Timothy Geer, Competition and Markets Authority, UK ( 20 minutes altogether)

Co-moderators:

  • MOFCOM
  • Ms Hilary JENNINGS, Special Adviser on Competition Policy, EUCTP II

16:00-16:45 Discussion and Q&A Session

16:45-17:00

Closing Remarks

17:00-17:30

Meeting to discuss topics for the next competition week: MOFCOM and DG COMP

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