Coverage

ACCC to examine information exchange

ACCC to examine information exchange

19 October 2017

A senior official at Australia’s antitrust enforcer provided details about the agency’s future enforcement of information exchange cases, after the country’s parliament passed a prohibition on concerted practices.

Substantive antitrust law can tackle digital economy, panel agrees

Substantive antitrust law can tackle digital economy, panel agrees

20 October 2017

Traditional competition principles broadly suffice to deal with issues brought up by digital markets, several experts said yesterday – but some called for enforcers to consider procedures better suited for the speed at which those new markets move.

Chairs

Stephen Crosswell

Baker McKenzie, Hong Kong

Stephen is the current Chair of Baker McKenzie’s Competition & Antitrust Practice in Asia. His practice covers a broad range of competition law issues in China, Hong Kong and throughout the Asia-Pacific.

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.

Keynote

Ho Yul Chung

Professor, Commercial Law (Insurance and Banking), Antitrust Law, Sungkyunkwan University, Seoul

Speakers

Ameera Ashraf

WongPartnership, Singapore

Richard Blewett

Clifford Chance, Beijing

Gavin Bushell

Baker McKenzie, Brussels

Ninette Dodoo

Freshfields Bruckhaus Deringer, Beijing

Tan Hi Lin

Director, Policy & Markets, Competition Commission of Singapore (CCS), Singapore

In Ho Lee

Professor, Microeconomics, Department of Economics, Seoul National University, Seoul

Bryan Keating

Compass Lexecon, Washington, DC

Andrew Lee

Hogan Lovells, Washington, DC

Wendy Peter

General Counsel, Australian Competition and Consumer Commission, Melbourne

Paul Reynolds

CEG Europe, London

Derek Ritzmann

Compass Lexecon, Hong Kong and Brussels

Cecil Saehoon Chung

Yulchon, Seoul

Yong Seok Ahn

Lee & Ko, Seoul

Wendy Thian

Deacons, Hong Kong

Wesley Wang

T&D Associates, Beijing

Kimitoshi Yabuki

Professor of Antitrust Law, Hitotsubashi University, Tokyo

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

Ho Yul Chung, Professor, Commercial Law (Insurance and Banking), Antitrust Law, Sungkyunkwan University, Seoul

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? 

Moderator:
Stephen Crosswell, Baker McKenzie, Hong Kong

Panel:
Ninette Dodoo, Freshfields Bruckhaus Deringer, Beijing
Derek Ritzmann, Compass Lexecon, Hong Kong and Brussels
Wendy Thian, Deacons, Hong Kong

11.05: Coffee break

11.30: 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?

Moderator:
Richard Blewett, Clifford Chance, Beijing

Panel
:
Wendy Peter, General Counsel, Australian Competition and Consumer Commission, Melbourne
Kimitoshi Yabuki, Professor of Antitrust Law, Hitotsubashi University, Tokyo
Ameera Ashraf, WongPartnership, Singapore
Paul Reynolds, CEG Europe, London

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?

Moderator:
Cecil Saehoon Chung, Yulchon, Seoul

Panel:
Tan Hi Lin, Director, Policy & Markets, Competition Commission of Singapore (CCS), Singapore
Yong Seok Ahn, Lee & Ko, Seoul
Gavin Bushell, Baker McKenzie, Brussels
Bryan Keating, Compass Lexecon, Washington, DC

15.40: Coffee break

16.00: 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?

Moderator:
Sai Ree Yun, Yulchon, Seoul

Panel:
Andrew Lee, Hogan Lovells, Washington, DC
In Ho Lee, Professor, Microeconomics, Department of Economics, Seoul National University, Seoul
Wesley Wang, T&D Associates, Beijing

17.15: Chairs' closing remarks

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

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

Venue

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



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