Roundtable to discuss topics of draft guidelines

Roundtable to discuss topics of draft guidelines:
(i) leniency applications and (ii) commitments and suspension of investigations

14 March 2016
Venue: Tangla Hotel, Peridot Room, No.19 Fuxingmenwai Avenue, Xicheng District, Beijing
Agenda


08:45-09:00

Registration

09:00-09:15

Opening Remarks (tbc)
ZHANG Handong, Director General, Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission (NDRC), 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

09:15-12:30

(tea break decided by moderator depending on progress of the discussion)

Session I: Leniency applications in horizontal monopoly agreement cases: guidance for leniency applicants
Overview:

  • Experience with leniency guidelines
  • Guidance on principles: eligibility; types of leniency; leniency plus
  • Guidance on process: confidential guidance; application and steps; forms of application (oral and written); use of marker system; timing; co-ordination with foreign authorities
  • Requirements that the applicants must fulfil
  • Decision to grant / deny / withdraw application and communication with applicant
  • Disclosure and confidentiality issues

09:20 – 10:20

12:40-14:00

Lunch

14:00-17:15

Session II: Commitments and suspension of investigations
Overview:

  • Experience with guidance on commitment decisions
  • Guidance on principles: objectives and considerations
  • Guidance on process: initiation of discussions, timing, assessment, market testing
  • Content of commitments and duration
  • Communication with the parties / complainant / third parties
  • Implementing the commitments and use of monitoring trustees

14:00-15:15 Presentations by

15:15 – 15:30 tea break

15:30-16:00 Discussion and commentary by

Ms Tânia CARDOSO SIMÕES, Senior Legal Adviser, Portuguese Competition Authority: 20 minutes (including time for consecutive interpretation)
16:10-17:15 Roundtable discussion and Q&A session with all speakers and experts

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

 

Roundtable to discuss topics of draft guidelines 2

Roundtable to discuss topics of draft guidelines:
procedural rules for exemption applications for monopoly agreements and calculating illegal gain and fines

15 March 2016
Venue: Tangla Hotel, Peridot Room, No.19 Fuxingmenwai Avenue, Xicheng District, Beijing
Agenda

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

09:00-12:15

(tea break decided by moderator depending on progress of the discussion)

Session III – Process for applications for exemptions from the prohibition on anti-competitive agreements
Overview:

  • Qualifications for exemption
  • How to make an application, e.g. informal meetings, requirements for information and evidenced reasoning
  • Procedure: e.g. competition authority analysis against criteria for exemption, meetings with applicant, timeframe for decision, confidentiality vs public consultation
  • Imposing obligations or conditions
  • Effect of the exemption and circumstances for withdrawal of exemption or varying an obligation/condition

9:00-10:15 Presentations by:

12:15-13:45

Lunch

13:45-15:00

(tea break decided by moderator depending on progress of the discussion)

Session IV – Determining illegal gains generated from monopoly conduct and setting the fine

13:45-15:00 Presentations by:

  • Experience with guidance on commitment decisions
  • Guidance on principles: objectives and considerations
  • Guidance on process: initiation of discussions, timing, assessment, market testing
  • Content of commitments and duration
  • Communication with the parties / complainant / third parties
  • Implementing the commitments and use of monitoring trustees

14:00-15:15 Presentations by

15:00 – 15:15 tea break

15:15-16:15 Roundtable discussion and Q&A session with all experts and speakers

Ms ZHANG Chenying, associate professor, Qinghua University

16:15-16:30

Closing remarks

LI Qing, Deputy Director General, Price Supervision and Anti-Monopoly Bureau of National Development and Reform Commission (NDRC), China

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

 

Seminar on quantification of harm and parental liability for anti-monopoly infringements

Seminar on quantification of harm and parental liability for anti-monopoly infringements
16 March 2016
Venue: Tangla Hotel, Peridot Room, No.19 Fuxingmenwai Avenue, Xicheng District, Beijing
Agenda


08:45-09:00

Registration

09:00-09:15

Opening Remarks (tbc)
LU Wanli, Deputy Director General, 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

09:15-12:30

(tea break decided by moderator depending on progress of the discussion)

Session I – Quantification of harm in competition cases
Overview:

  • Why quantify harm in competition cases
  • Dealing with the challenges of accurately measuring harm in competition cases (cartel conduct and unilateral conduct cases)
  • Guidance on process: confidential guidance; application and steps; forms of application (oral and written); use of marker system; timing; co-ordination with foreign authorities
  • Methodologies, including information (e.g. case-specific industry studies), gathering data and presumptions used to quantify harm
  • Decision to grant / deny / withdraw application and communication with applicant
  • The relationship between quantification of harm and quantifying appropriate level of fines

9:15-10:15 Presentations by:

10:15 – 11:25 Discussion and commentary by:

  • Mr QI Shuanglin, Official, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, SAIC (30 minutes including time for consecutive interpretation)
  • Mr Stephan SIMON, Senior Expert for Mergers, Services Industries Directorate, DG COMP (40 minutes including time for consecutive interpretation)

11:25-12:00 Q&A Session and discussion with all speakers and experts

12:00-13:30

Lunch

13:30-16:45

(tea break decided by moderator depending on progress of the discussion)

Session II – Affiliated enterprises / subsidiaries in anti-monopoly cases: liability of parents and subsidiaries
Overview:

  • The application of the single economic entity doctrine in practice
  • Agency agreements – what about in relation to online platforms?
  • Parental liability for subsidiaries’ antitrust infringements
  • Liability of subsidiaries in abuse of dominance cases

13:30-14:30 Presentation by:

10:15 – 11:25 Discussion and commentary by:

  • Mr ZHAO Yiqin, Director, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, SAIC (30 minutes including time for consecutive interpretation)
  • Ms Tânia CARDOSO SIMÕES, Senior Legal Adviser, Portuguese Competition Authority (30 minutes including time for consecutive interpretation)

15:15 – 15:30 tea break

15:50-16:30 Q&A Session and discussion with all speakers and experts

16:30-16:45

Closing remarks

Mr ZHAO Guobin, Director, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce, P.R. China

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

 

Roundtable on determining appropriate merger remedies and mergers in high-tech industries

Roundtable on determining appropriate merger remedies and mergers in high-tech industries
17 March 2016
Agenda


08:45-09:00

Registration

09:00-09:15

Welcome and Opening remarks
Mr HAN Chunlin, Deputy Gerneal Director, Anti-Monopoly Bureau, Ministry of Commerce, China
Mr Torben Toft, Principal Administrator, European Commission from Directorate General for Competition, European Commission

09:15-12:00

(tea break decided by moderator depending on progress of the discussion)

Session I – Determining appropriate remedies and the role of monitoring trustees
Co-moderators:
MOFCOM
Hilary Jennings, Special Adviser on Competition Policy, EUCTP II
Overview:

  • Overall effectiveness of a remedy: what makes a remedy successful in dealing with the relevant competition risk? Use of a combination of structural and behavioural remedies?
  • Market testing remedies to better understand the competitive structure of markets
  • Experience with monitoring the implementation of remedies: challenges and solutions e.g. pros and cons of supervisory trustees, value of arbitration clauses, significance of co-operation and co-ordination in handling remedies in cross-border mergers
  • Using the results of evaluation studies on the effectiveness of merger remedies

9:15-11:00 Presentations by:

10:05-10:20 Tea break

10:20-11:00 Presentations by:

11:00 – 11:30 Commentary by:

Mr Stephan SIMON, Senior Expert for Mergers, Services Industries Directorate, DG COMP (30 minutes including time for consecutive interpretation)

11:30-12:00 Q&A Session and discussion with all speakers and experts

12:00-13:30

Lunch – Informal discussion on investigating failures to notify qualifying transactions

13:30-17:00

(tea break decided by moderator depending on progress of the discussion)

Session II – Mergers in high tech industries and consideration of big data issues in merger review
Co-moderators:
MOFCOM
Hilary Jennings, Special Adviser on Competition Policy, EUCTP II
Overview:

  • Market definition in high tech markets
  • Are there specific competition conditions in high tech markets?
  • The implications for methodologies: e.g. analysis of parties' market shares, network effects and the interoperability between the products of the merged entity and those of competitors
  • How is “Big Data” factored into merger assessments?
  • In practice: a more cautious approach when assessing mergers in high tech markets?

13:30-15:30 Presentation by:

15:15 – 15:30 tea break

15:45-16:15 Commentary by

Mr Ibrahim BAH former Head of Mergers, Irish Competition Authority (30 minutes including time for consecutive interpretation)

15:50-16:30 Q&A Session and discussion with all speakers and experts

16:30-16:45

Closing remarks

[Consecutive interpretation from English-Chinese and Chinese-English provided]
Please note that speaking times must include time for interpretation.
Immediately following session: closed door discussion on future topics

 

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.