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19th-22th October 2020

20th EU-China Competition Week

The 20th EU-China Competition Week took place online from 19th to 22nd October 2020. The week of technical discussions on competition law and enforcement showcased the commitment of the European Commission Directorate-General for Competition (DG Competition) and the State Administration for Market Regulation (SAMR) of the People’s Republic of China to strengthen their technical cooperation and dialogue. It builds on a longstanding tradition of biannual competition dialogue between the EU and the antimonopoly enforcement agencies in China.

Officials from DG Competition and the SAMR were joined by an official of the Austrian Federal Competition Authority.

The Competition Week provided a platform for both sides to address their priorities and challenges in the field of competition policy. Officials and experts discussed a broad range of topics, including the Fair Competition Review System, merger review, antitrust and international cooperation in cartel investigations. The discussions provided a platform for frank exchanges on practical experiences with cases and enforcement of competition law and policy in both countries.

EU-China Competition Weeks take place biannually in March and October, when officials from DG Competition and their counterparts in China engage in a dialogue to enhance cooperation and transparency between China and the EU in the field of competition.

The 21st EU-China Competition Week will take place in March 2021.

  • The Competition Week supports the dialogue between the European Commission Directorate-General for Competition and China’s three AMEAs and aims to ensure consistent implementation in a robust enforcement environment.

  • China’s three Anti-Monopoly Enforcement Agencies include: the Ministry of Finance and Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC). In addition to this, a session with the Supreme People’s Court (SPC) is foreseen in the 16th Competition Week.

  • The Competition Cooperation Project’s official WeChat account will be launched shortly. Through this WeChat account, you will receive all information related to the project and the activity.

AGENDA

Monday 19 October 2020

Update on the PRC’s Fair Competition Review System; Overview of the European Commission’s White Paper on Foreign

07:45-08:00: Registration / Virtual room open

08:05-08:20: Opening remarks

  • Mr Yang Wanshan, Deputy Director of the Anti-monopoly Bureau, STATE ADMINISTRATION FOR MARKET REGULATION
  • Mr Torben TOFT, Senior Expert, International Relations Unit, Directorate-General for Competition, European Commission

08:20-09:45: Session I – Update on FCRS policies and practices

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

Overview:

  • SAMR’s guidance and support through the Fair Competition Review System
  • FCRS application in practice, notably during COVID-19

Presentations by:

  • Mr XI Jinsong, Director, Fair Competition Review Division, Anti-Monopoly Bureau, STATE ADMINISTRATION FOR MARKET REGULATION

Q&A

09:45-09:50: Session changeover

09:50-11:00: Session II – The European Commission’s White Paper on Foreign Subsidies

 Overview:

  • Current enforcement gap
  • The proposed new instrument
  • Next steps

 

Presentations by

  • Mr Eddy DE SMIJTER, Head of the International Relations Unit, Directorate General for Competition, European Commission

 

Q&A

Tuesday 20 October 2020

Revisions to the Anti-Monopoly Law

07:45-08:00: Registration/ Virtual room open 

08:05-09:15: Session I – Amendments related to antitrust

Overview

  • Presentation of the proposed amendments to the Anti-Monopoly Law
  • Discussion and reflections by EU

Presentation by

  • Mr QIU Yang, Deputy-Director Level Official, Coordination Division, Anti-Monopoly Bureau, STATE ADMINISTRATION FOR MARKET REGULATION

 

Discussion and commentary by

  • Mr Christopher MAYOCK, Deputy Head of Unit, Cartels Directorate, Directorate General for Competition, European Commission
  • Ms Ana GARCIA CASTILLO, Deputy Head of Unit, Basic Industries, Directorate General for Competition, European Commission

09:15-10:05: Session II – Amendments to merger control

Overview

  • Presentation of the proposed amendments to the merger control regime
  • Discussion and reflections by EU

 

Presentations by

  • Ms HU Xinyue, Deputy-Director Level Official, Case Reviewing Division 2, Anti-Monopoly Bureau, STATE ADMINISTRATION FOR MARKET REGULATION

 

Discussion and commentary by

  • Mr Daniele CALISTI, Deputy Head of Unit, Mergers, Directorate General for Competition, European Commission

 

10:05-11:00: Session III – Enshrining the Fair Competition Review System in the proposed revision to the Anti-Monopoly Law

Overview

  • Proposed amendment to integrate the Fair Competition Review System into the Anti-Monopoly Law and its implications
  • Discussion and reflections by the EU

 

Presentations by

  • Mr XI Jinsong, Director, Fair Competition Review Division, Anti-Monopoly Bureau, STATE ADMINISTRATION FOR MARKET REGULATION

 

Discussion and commentary by

  • Ms Graça DA COSTA, Senior Expert, State Aid Strategy, Directorate General for Competition, European Commission

Wednesday 21 October 2020

Mergers:  balancing merger remedies; revising notification thresholds

07:45-08:00: Registration / Virtual room open

08:05-09:50: Session I – Merger remedies – getting the balance right

Overview

  • When, and what remedies are appropriate and effective
  • Practical experiences with the differences between the effectiveness of remedies to address competitive harm resulting from horizontal, conglomerate, and vertical mergers
  • Inter-jurisdictional aspects of remedies – practical experiences
  • Tools required to detect and assess whether remedies have achieved their aims – practical experiences

 

Presentations by

  • Mr Daniele CALISTI, Deputy Head of Unit, Mergers, Directorate General for Competition, European Commission
  • Ms ZHAO Lili, Director Level Official, Supervision and Enforcement Division, Anti-Monopoly Bureau, State Administration for Market Regulation

Discussion and commentary by

  • Mr Stefan RUECH, Case Handler, Austrian Federal Competition Authority

Q&A

09:50-11:00: Session II – Revision of notification thresholds

Overview

  • Procedure for amending notification thresholds
  • Rationale for revising thresholds
  • Determining appropriate criteria
  • Recent amendments to notification thresholds – experiences

Presentations by

  • Mr Stefan RUECH, Case Handler, Austrian Federal Competition Authority
  • Mr Daniele CALISTI, Deputy Head of Unit, Mergers, Directorate General for Competition, European Commission
  • Ms KONG Ru, Deputy-Director Level Official, Case Reviewing Division 2, Anti-Monopoly Bureau, State Administration for Market Regulation

 

Q&A 

Thursday 22 October 2020

Antitrust: International cooperation in cartel investigations

07:45-08:00: Registration / Virtual room open

08:05-09:45: Session I – Frameworks for international cooperation in cartel investigations and challenges to cooperation in practice

Overview:

  • Instruments for international cooperation in cartel cases: competition and non-competition specific, formal and informal tools, provisions in national laws
  • Cooperation based on waivers of confidentiality & managing / protecting leniency programmes and information
  • Examples of cooperation in international cartel investigations
  • Importance of trust and confidence in legal systems
  • Procedural and substantive challenges to international cooperation in cross-border cartel cases, including: exchange of confidential information without a waiver; different definitions of confidential information; civil vs criminal regimes; institutional /investigatory impediments; procedural differences in e.g. leniency programmes or access to file; double jeopardy in fining policy. 

Presentations by

  • Mr Christopher MAYOCK, Deputy Head of Unit, Cartels Directorate, Directorate General for Competition, European Commission

 Q&A 

10:00-11:00: Session I – Continuation

 

Presentations by

  • Ms YU Jiamu, Director Level Official, Monopoly Agreement Division, STATE ADMINISTRATION FOR MARKET REGULATION

 

Q&A 

11:00 – 11:15: Closing remarks

  • Mr Torben TOFT, Senior Expert, International Relations Unit, Directorate-General for Competition, European Commission
  • Mr XU Lefu, Deputy Director of the Anti-Monopoly Bureau, STATE ADMINISTRATION FOR MARKET REGULATION

PRESENTATIONS

Day 1 - 19 October 2020, Anti-Monopoly Bureau, State Administration for Market Regulation

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Day 2 - 20 October 2020, Anti-Monopoly Bureau, State Administration for Market Regulation

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Day 3 - 21 October 2020, Anti-Monopoly Bureau, State Administration for Market Regulation

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Day 4 - 22 October 2020, Anti-Monopoly Bureau, State Administration for Market Regulation

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