Global Competition Review is delighted to present this premier one-day conference to be held on Thursday, 19 October in Seoul, Korea

In modern business, what are justifiable business practices to one company can easily be seen as wholly unfair, and even a breach of competition law, by others. GCR Live returns to Seoul in 2017 to examine the nature of fair competition from a number of angles, grounding that investigation within practice and regulation in the new frontier for competition enforcement – Asia.

E-mail Tel: +44 20 3780 4137

Chairs

Stephen Crosswell

Baker McKenzie, Hong Kong

Stephen Crosswell heads Baker Mckenzie’s Asia Pacific Regional Competition Group. He is a partner in the Firm's Competition practice in Hong Kong, where he oversees competition matters in Hong Kong, China, Vietnam and Korea.

Sai Ree Yun

Yulchon, Seoul

Mr. Yun is one of Yulchon’s founding partners, and he serves as the Firm’s Managing Partner. He also practices primarily in the areas of corporate law (with an emphasis on M&A), antitrust law, taxation, and governmental relations.

Programme

8.30: Welcome coffee and registration

9.00: Chairs’ morning welcome

Stephen Crosswell, Baker McKenzie, Hong Kong
Sai Ree Yun, Yulchon, Seoul

9.15: Keynote address

9.45: The sharing economy: whose version of a level playing field do we promote?

The sharing economy, the peer economy, disruptive innovation, Uber, Airbnb, and so on: whatever name it might deserve, many certainly see it as a game changer.  Controversy is manifold, as Uber is fighting lawsuits from traditional taxi companies and some cities all over the globe. What should we really do about it, if anything at all?

• What is the proper role for antitrust, if any?

• Do we need a clear and elaborate set of regulations specifically for the sharing economy, or should we leave it to the free market system with general antitrust rules being the only safeguard?

• Can we compare – and learn from - the analysis on traditional platform businesses?

• What is the interplay between antitrust, consumer protection and data protection rules on this emerging business style? 

11.15: Coffee break

11.30: Leveraging success from one market to another: normal business practice, or anti-competitive?

Companies may naturally wish to leverage their success in one market to compete in another through practices such as product “bundling”. Yet where that success is regarded as market power, competition laws often restrict leverage – fairly?

• When (if ever) should leverage be prohibited?

• Is penalising leverage penalising commercial success?

• Is leverage efficient and/or good for consumers?

• If “self-preference” is not allowed, should cross-selling or cross-subsidising also be prohibited?

13.00: Networking lunch

14.00: Chairs' afternoon welcome

Stephen Crosswell, Baker McKenzie, Hong Kong
Sai Ree Yun, Yulchon, Seoul

14.15: Joint ventures and strategic alliances: should they be treated like mergers or as impermissible competitor coordination?

Companies often find it necessary to collaborate to achieve something that each of them cannot achieve alone. When an M&A is not preferred or simply not an option, they have to resort to contractual JVs or other forms of strategic alliances. How should we treat such competitor collaborations that certainly have procompetitive upsides but also antitrust risks? Despite the proliferation of formal merger control regimes throughout Asia, such competitive collaborations may unwittingly fall into an analytical black hole.

• What are the proper analytical processes for such non-M&A competitor collaborations?

• Should enforcement agencies formally adopt US-style competitor collaboration guidelines or do extant merger control regimes suffice?

• What can we learn from alliances in the shipping and airline industries?

• Block exemption or antitrust immunity – what is or should be the proper scope, if any?

15.45: Coffee break

16.00: Information exchange: what do businesses need, and what can they do?

To enter markets and compete successfully, businesses need information about their competitors. They also need to make public announcements about their future plans. Yet many competition laws restrict the acquisition and disclosure of such information, leaving companies sometimes unsure of the limits of legal behaviour.

• When is acquisition or disclosure of information necessary or beneficial, and when is it harmful?

• Should disclosure of information to a competitor be prohibited in itself, or only if it demonstrates a possible cartel?

• If prohibited, should it be a criminal or civil prohibition?

• Do leniency and “whistleblowing” cause excessive caution?

17.30: Chairs' closing remarks

Stephen Crosswell, Baker McKenzie, Hong Kong
Sai Ree Yun, Yulchon, Seoul

17.35 onwards: All delegates are invited to attend a drinks reception kindly hosted by Hogan Lovells


 

Intercontinental COEX, 524 Bongeunsa-ro, Samseong 1(il)-dong, Gangnam-gu, Seoul, South Korea

Ticket Prices

Private Practitioner
Type Price Until
Super Early £550 08 Sept 2017
Early £650 06 Oct 2017
Standard £750 19 Oct 2017



In-house/governmental
Complimentary In-house/governmetnal registration available