17th EU-China Competition Week

Monday 15 October 2018

Mergers: Economic tools, remedies in innovation markets, international coordination on remedies

08:45-09:00: Registration

09:00-09:15: Opening remarks

• Mr ZHANG Guangyuan, Director-General Level Counselor, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
• Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels

09:15-12:00: Session I – The use of economic tools in merger analysis

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Overview:

• In-house quantitative analysis vs external consultants
• Integrating economists into the decision-making process
• Sources of information and evidence, including interaction with external experts/parties; best practices when submitting economic evidence
• Overview of economic tools and their application

Presentations by

• Mr Hans ZENGER, Economic Analyst, Chief Economist’s Team, Directorate-General for Competition, European Commission, Brussels
• Dr DONG Hongxia,  Chief of Division, 3rd Division of Concentration of Undertakings Investigation, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Discussion and commentary by

• Mr Alistair THOMPSON, Director of Remedies, Business and Financial Analysis, UK Competition and Markets Authority

Roundtable discussion and Q&A session

12:00-13:30: Lunch

13:30-15:00: Session II – Remedies in innovation mergers

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Overview:

• Relevant factors and varying degrees of certainty when dealing with future markets and innovation
• Challenge of designing remedies in fast-evolving markets
• Types of remedy used
• Assessing effects and determining suitability of remedy

Presentations by

• Mr Alistair THOMPSON, Director of Remedies, Business and Financial Analysis, UK Competition and Markets Authority
• Mr Hans ZENGER, Economic Analyst, Chief Economist’s Team, Directorate-General for Competition, European Commission, Brussels

Roundtable discussion and Q&A session with all speakers and experts

• WANG Jiheng, Assistant Consultant, Division of Supervision and Enforcement, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

15:00 – 17:00: Session III – Remedies – International coordination on remedies

Overview:

• Process – e.g. sharing and discussing draft remedies, the appointment of trustees (including the use of common trustees), the evaluation and appointment of buyers, implementation of behavioural remedies
• Avoiding inconsistent obligations
• Overcoming challenges of cross-border remedies through international coordination
• Review clauses – coordinating amendments

Presentations by

• Mr Alistair THOMPSON, Director of Remedies, Business and Financial Analysis, UK Competition and Markets Authority
• WANG Jiheng, Assistant Consultant, Division of Supervision and Enforcement, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Roundtable discussion and Q&A session

Tuesday 16 October 2018

Antitrust: Assessing rebates schemes; SEP-related issues

08:45-09:00: Registration

09:00-12:00: Session I – Assessing rebates in the EU and China

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Overview

• Addressing the potential anti-competitive threats and pro-competitive benefits of different types of rebates
• Form-based or effect analysis
• Economic assessment – market definition, quantitative and qualitative evidence, role of the AEC test, etc.
• Case discussion of:
  • Intel
  • Tetra Pak

Presentations by

• Mr Hans ZENGER, Economic Analyst, Chief Economist’s Team, Directorate-General for Competition, European Commission, Brussels
• Mr Alistair THOMPSON, Director of Remedies, Business and Financial Analysis, UK Competition and Markets Authority

Discussion and commentary by

• Ms CHEN Qianting, Principal Staff Member, Division of Abuse Investigation, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Roundtable discussion and Q&A session

12:00-13:30: Lunch

13:30-15:30: Session I continued

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Presentation by

• Ms CHEN Qianting, Principal Staff Member, Division of Abuse Investigation, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Discussion and commentary by

• Mr Hans ZENGER, Economic Analyst, Chief Economist’s Team, Directorate-General for Competition, European Commission, Brussels
• Mr Alistair THOMPSON, Director of Remedies, Business and Financial Analysis, UK Competition and Markets Authority

Roundtable discussion and Q&A session

15:30-17:00: Session II – SEP related issues (reasonable royalty, injunction, etc.)

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Presentation by

• Mr ZHENG Chuan, Principal Staff Member, Division of Abuse Investigation, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Commentary & discussion with experts and Q&A session

17:00 – 17:15: Closing remarks

• Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels
• Mr ZHANG Guangyuan, Director-General Level Counselor, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Wednesday 17 October 2018

Unfair Competition – Unfair Commercial Practices

08:45-09:00: Registration

09:00-09:15: Opening remarks

• LI Qing, Deputy Director General, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
• Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels
• Mr Christoph DECKER, Team Leader – Consumer Enforcement & Redress, Directorate-General for Justice and Consumers, European Commission, Brussels

09:15-12:30: Session I – Anti-unfair competition law in the PRC – principles and legal instruments

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Overview

• Revision of the Anti-unfair competition law
• Types of practices envisaged – e.g. what is an unfair commercial practice? what is consumer harm?
• Enforcement powers and sanctions – including coherent enforcement across the provinces
• Enforcement policy under the revised Law

Presentation by

• WU Xinkuang, Director, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC

Discussion and commentary by

• Judge WANG Yanfang, Supreme People’s Court, PRC
• Professor MENG Yanbei, Renmin University, PRC
• Mr Christoph DECKER, Team Leader – Consumer Enforcement & Redress, Directorate-General for Justice and Consumers, European Commission, Brussels
• Mr Adrien EMCH, Partner, Hogan Lovells, Beijing, PRC
• Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels / Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Roundtable discussion and Q&A session

12:30-14:00: Lunch

14:00-17:30: Session II – Unfair competition in the EU – principles and legal instruments

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Overview

• Types of unfair commercial practices
• EU legal framework and enforcement policy
• Potential gaps in existing legal framework
• Role of different instruments: competition law, contract law, unfair competition law, consumer protection law, codes of conduct , private enforcement and collective redress
• Approach of lawmakers and enforcers – EU and national levels

 Presentations by

• Mr Christoph DECKER, Team Leader – Consumer Enforcement & Redress, Directorate-General for Justice and Consumers, European Commission, Brussels
• Mr Adrien EMCH, Partner, Hogan Lovells, Beijing, PRC

Discussion and commentary by

• WU Xinkuang, Director, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
• Judge WANG Yanfang, Supreme People’s Court, PRC
• Professor MENG Yanbei, Renmin University, PRC

Discussion with all experts and Q&A session

Thursday 18 October 2018

Fair Competition Review System and State aid

08:45-09:00: Registration

09:00-12:00: Session I – Application of exemptions to State aid

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Overview:

• Prohibition of State aid and exemptions
• Block exemptions
• Applications of the exemptions in practice
• Examples: Regional aid, fiscal aid

Presentation by

• Mr Karl SOUKUP, Director State Aid – General Scrutiny & Enforcement, Directorate-General for Competition, European Commission, Brussels

Discussion and commentary by

• LIU Jifeng, China University of Political Science and Law, PRC
• HAN Wei, Chinese Academy of Social Sciences, PRC

Roundtable discussion and Q&A session

12:00-13:30: Lunch

13:30-16:45: Session II – Updates on the implementation of the Fair Competition Review System

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Overview

• Most recent development of the implementation of Fair Competition Review System
• Achievements
• Challenges and difficulties
• Prospects
• Case study

Presentation by

• LI Qing, Deputy Director General, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC

Discussion and commentary by

• Mr Karl SOUKUP, Director State Aid – General Scrutiny & Enforcement, Directorate-General for Competition, European Commission, Brussels
• HAN Wei, Chinese Academy of Social Sciences, PRC
• LIU Jifent, China University of Political Science and Law, PRC

Roundtable discussion and Q&A session

16:45 – 17:00: Closing remarks

• Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels
• YAN Jun, Director General, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC