Fay leads Linklaters' award winning China competition practice and is widely recognised as one of China’s leading competition lawyers. She advises multinational and Chinese clients on the full range of competition law issues as well as other regulatory questions.
AnJie Law Firm
Dr Zhan Hao's representative experience includes: merger antitrust filing in MOFCOM, defense of investigation on monopoly agreements (cartels) and abuse of dominance, antitrust private litigation, antitrust compliance, antitrust analysis from economic perspective, anti-unfair competition.
8.30: Welcome coffee and registration
9.00: Chairs’ morning welcome
9.15: Enforcers roundtable
Enforcers from around the region discuss their various approaches to antitrust enforcement around patents, dominance and standard setting. The enforcers will also discuss underlying policy issues in balancing innovation and patent rights with monopolization issues and the protection of competition.
9.25: Morning coffee break
10.50: Standard essential patents and FRAND royalties - emerging issues in private litigation
We examine the effects of Huawei v ZTE in Europe, including recent decisions in Unwired Planet v Huawei in the UK and Philips v Wiko SAS in The Netherlands, and what that means for Asian companies doing business in Europe going forward. We will also explore Huawei v Samsung in China and other major FRAND litigation around the globe, and what it means for antitrust and patent enforcement in those jurisdictions and at the ITC. We also examine the recent Chinese court guidance on SEP disputes and what it means for companies and their advisors.
12.00: Networking lunch
13.20: Antitrust and IP: Investigations and legislation
We take a jurisdiction-by-jurisdiction look at the state of antitrust enforcement surrounding IP and patents, including SEPs and crucial patents outside of the standard-setting process; the state of enforcement in healthcare, tech and other IP-heavy industries; and recent legislation and guidance that shapes the intersection of antitrust and patent law. We also examine SAMR's 2018 guidance on IPR abuse and the anti-monopoly law, and what the use of its case-specific framework means for IPR holders.
14.30: Afternoon tea break
15.00: IP and Merger Control: Thresholds and remedies
We examine the state of merger control in IPR-intensive deals in several major jurisdictions. Under what circumstances does the transfer of IP rights come into play during a merger investigation, and when do enforcers decide when to demand the divestiture of a patent portfolio or the mandatory licensing of the merging parties' IP?
16.10: Antitrust, IP and the Sino-US trade war
We explore recent antitrust decisions that sit at the heart of the simmering Sino-US trade war, including the Qualcomm/NXP merger decision by SAMR and China's fine of Changan Ford. What impact might the trade dispute have on both countries' approach to antitrust issues surrounding patent holders? What practices could be targeted as possible retaliation by either country?
17.20: Chairs’ closing remarks
17.30: Conference close