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]

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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.