Workshop on settlements and commitment decisions

Workshop on settlements and commitment decisions
19 October 2015
No.3, 20 Nong, Hunan Road, Xuhui District, Shanghai
Agenda


08:30-09:00

Registration

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

09:00-09:20

Opening Remarks (tbc)
ZHANG Handong, Directorate-General, Price Supervision and Anti-Monopoly Bureau, National Development and Reform Commission, P.R. China
GU Honghui, Deputy Directorate-General, Shanghai Development and Reform Commision
Torben Toft, Principal Administrator, Directorate-General for Competition, European Commission

09:20-12:00

Session I: Settlements in cartel cases
Overview:

  • Introducing settlements in EU anti-cartel enforcement
  • Process
  • How to chose a case for settlement
  • Hybrid cases
  • Settlements and leniency
  • The advantages and challenges of the settlement process

09:20 – 10:20 Presentation by Laure Dosogne-Varaire, Case handler, French Competition Authority
10:20 – 10:40 tea break
10:40 – 11:20 Commentary:

  • Georgina Lake, Assistant Project Director, UK Competition and Markets Authority (10 min speaking time, 10 min interpretation)
  • Professor HUANG Yong, Chief of Competition Law research Centre, UIBE; Member of expert advisor team, Antimonopoly Committee of the State Council (10 min speaking time, 10 min interpretation)

11:20– 12:00 Q&A with all presenters/experts

12:00-13:30

Lunch

13:30-17:00

Session II: The history, implementation and reform of commitment decisions
Overview:

  • Scope of commitment decisions
  • Time periods involved in commitment decisions
  • Procedural aspects of commitment decisions
  • Content and negotiation of commitment decisions
  • Soliciting comments and market testing the proposed commitments
  • Monitoring of commitment decisions and enforcement of breaches
  • Advantages and challenges of using commitment decisions

13:30 – 14:30 Georgina Lake, Assistant Project Director, UK Competition and Markets Authority
14:30 – 15:00 commentary from Antonio Butta, Economic Assistant to the Chairman of the Italian Competition Authority (AGCM)
15:00 – 15:20 tea break

Continuation in roundtable format

15:20 – 16:00 Presentation by NDRC about the guideline (20 min speaking time, 20 min interpretation)
16:00 – 17:00 Q&A with all presenters/ experts, including:

  • Professor HUANG Yong, Chief of Competition Law research Centre, UIBE
  • Professor WANG Xianlin, Shanghai Jiaotong University
  • Professor XU Shiying, East China University of Political Science and Law

[Consecutive interpretation from English-Chinese and Chinese-English provided]
Please note that speaking times must include time for interpretation.

 

Workshop on competition analysis in e-commerce | online platforms

Workshop on competition analysis in e-commerce/online platforms
20 October 2015
No.301, Zhao Jia Bang Road, Xuhui District, Shanghai
Agenda


08:30-09:00

Registration

09:00-09:30

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

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

09:30-12:00

Session I: Platform structure and antitrust analysis
Overview:

  • Key features of online environment: does online retailing raise new issues?
  • Competition concerns
  • Legal and economic framework: what is the appropriate focus of competition interventions?
  • Insights from competition interventions

09:30 – 10:30 Presentation by Bart Noé, Competition Department, Authority for Consumers and Markets, the Netherlands
10:30 – 11:20 Commentary:

11:30 – 12:00 Q&A (Georgina Lake, Assistant Project Director, UK Competition and Markets Authority (CMA) and Laure Dosogne-Varaire, Case handler, French Competition Authority to participate in Q&A)

12:00- 13:30

Lunch

13:30-16:00
(Tea break will be decided by moderator depending on progress of the discussion)

Session II: Online restraints: effects, analysis and enforcement
Overview:

  • Types of online price and non-price restraints
  • Using existing economic and legal frameworks to assess effects
  • Developing an administrable enforcement policy

13:30 – 14:30 Presentation by Antonio Butta, Economic Assistant to the Chairman of the Italian Competition Authority
14:30 – 14:50 Commentary by Bart Noé, Competition Department, Authority for Consumers and Markets, the Netherlands
14:50– 15:00 tea break
15:00 – 16:00 Presentation:

  • WANG Yanglin, Division Two, Price Supervision and Anti-Monopoly Bureau, NDRC (15 min speaking time, 15 min interpretation)
  • Professor LI Jian, Shanghai Jiaotong University (SAIC) (15 min speaking time, 15 min interpretation)

16:00-17:00

Q&A (Georgina Lake, Assistant Project Director, UK Competition and Markets Authority (CMA) and Laure Dosogne-Varaire, Case handler, French Competition Authority to participate in Q&A)

17:00-17:15

Closing remarks by NDRC and Torben Toft, DG Competition

[Consecutive interpretation from English-Chinese and Chinese-English provided]
Please note that speaking times must include time for interpretation.

 

Workshop on identifying anti-competitive behaviours in markets

Workshop on identifying anti-competitive behaviours in markets

21 October 2015
No.301, Zhao Jia Bang Road, Xuhui District, Shanghai
Agenda


08:30-09:00

Registration

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

09:00-12:30

Session I: Co-ordination and information exchange
Overview:

  • When is information exchange pro-competitive?
  • What constitutes illicit information exchange?
  • The legal and economic perspectives
  • What steps have regulators taken to reduce the risk of horizontal co-ordination?

09:00 – 10:00 Presentation by Laure Dosogne-Varaire, Case handler, French Competition Authority
10:00 – 10:30 Commentary by Georgina Lake, Assistant Project Director, UK CMA; Simon Vande Walle, DG Competition, European Commission
10:30 – 10:40 tea break
10:40 – 11:20 Presentation by SU Yu, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, SAIC
11:20 – 12:30 Q&A

12:30-14:00

Lunch

14:00-17:00

Session II: Hub and spoke agreements
Overview:

  • Atypical cartels: how do hub and spoke agreements differ from cartels?
  • Test for establishing hub and spoke agreement
  • Should they be investigated as a by object / per se agreement?
  • Do they require special consideration by competition enforcers?

14:00 – 15:00 Presentation by Georgina Lake, Assistant Project Director, UK CMA
15:00 – 15:20 tea break
15:20 – 16:00 Commentary by Director ZHAO Guobin, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, SAIC
16:00 – 16:50 Q&A

16:50- 17:00

Closing Remarks

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

Workshop on procedural matters in merger investigations

Workshop on procedural matters in merger investigations
22 October 2015
Shanghai Academic activity Center of Chinese Academy of Sciences, address: No.500, Zhao Jia Bang Road, Xuhui District
Agenda


08:30-09:00

Registration

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

09:00-09:15

Opening remarks
Ms. HAN Chunlin, Deputy Director General,Anti-monopoly Bureau, Ministry of Commerce, P.R. China
Torben Toft, Principal Administrator, Directorate-General for Competition, European Commission

09:15-12:00
(Tea break will be decided by moderator depending on progress of the discussion)

Session I: Declaration of concentration of business operators
Overview:

  • Measures on Notification of Concentration of undertakings

Experience with drafting and implementing procedural regulations to clarify the filing requirements: e.g. form of concentration of operators, scope of the calculation of business turnover, declaration documents, content of filing, etc.
Presentation and commentary by:

Discussion and Q&A

12:00-13:30

Lunch

13:30-16:20
(Tea break will be decided by moderator depending on progress of the discussion)

Session II: Use of procedural regulations in merger review
Overview:

  • Measures on Procedures for Review of Concentrations of Undertakings

Experience with drafting and implementing procedural regulations to clarify administration of the merger review process including the role of the oral hearing in merger investigations: including timing and scope of discussions and value to agency and parties
Presentation and commentary by:

Discussion and Q&A

16:20- 17:20
(Tea break will be decided by moderator depending on progress of the discussion)

Session III: Transparency in merger investigations
Overview:

  • Transparency on progress, process and substantial issues of the investigation vis-à-vis the parties concerned
  • Inquiries by third parties
  • Guidelines on public information disclosure

Presentation and commentary by:

Discussion and Q&A

17:20- 17:30

Closing Remarks

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

Closed-door roundtable on draft IPR guidelines

DG COMP, NDRC, MOFCOM and SAIC
23 October 2015
Shanghai Academic activity Center of Chinese Academy of Sciences, address: No.500, Zhao Jia Bang Road, Xuhui District
Agenda

09:00 – 09:15

Welcome and opening remarks

09:15 – 11:50
(Tea break will be decided by moderator depending on progress of the discussion)

Roundtable discussion - Suggested topics:

  • Introducing the draft IPR guideline by AMEAs
  • Balance between encouraging innovation and eliminating IPR abuses: aims and objectives
  • Coverage of the guideline, including: IPR-related monopoly agreements, abuse of dominance, mergers and acquisitions
  • Impact of guidelines for enforcers and the business community: providing clarity and increasing certainty
  • Integrating enforcement experience into guidelines

Participants and commentators:

  • MOFCOM
  • Ms WU Dongmei, Deputy Director, Price Supervision and Anti-Monopoly Bureau, National Development and Reform Commission, P.R. China
  • Ms YANG Jie, Director, Anti-monopoly Bureau, Ministry of Commerce, P.R. China
  • Mr Tobias MAASS, DG Competition, European Commission
  • Mr Torben TOFT, DG Competition, European Commission
  • Ms Hilary Jennings, Special Adviser on Competition Policy, EUCTP II

11:50 – 12:00

Closing remarks

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

Latest Activity

Competition Week 15

The 15th EU-China Competition Week took place in Beijing and Xiamen from 16-20 October 2017.  Discussions were held on topical issues identified with the Chinese Anti-Monopoly Enforcement Agencies (AMEAs). This included the reviewing mergers in the agro-chemicals sector, including a discussion of a recent merger in the industry reviewed by both the EU and China, as well as a discussion of merger review of joint ventures and the prosecution of the procedural infringements. There were discussions on how to use indirect evidence to prosecute cartels, the analysis of vertical restraints and the use of block exemptions and guidelines for vertical agreements. Another session considered the policy and enforcement approaches to the competition issues arising from Big Data and the digital economy. In addition, there was a discussion on developments in the implementation of the Fair Competition Review Mechanism and recent developments in the application of EU State aid control, both of which feed into the dialogue on State aid control under the recent MOU between DG COMP and the NDRC.