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, Beijing
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.
Counsel for Asian Competition Affairs, Office of International Affairs, Federal Trade Commission, China, Japan, and Korea
Oxera, London and Brussels
Sunland Law, Beijing
Hong Kong Competition Commission, Hong Kong
Director, International Affairs Division, Japan Fair Trade Commission, Beijing
Freshfields Bruckhaus Deringer, Beijing
Senior Competition Counsel, Tencent, Beijing
Gibson Dunn, Hong Kong
Professional Committee on Competition Policy and Law, China World Trade Organization Research Association (PCCPLC), Hong Kong
RBB Economics, Brussels and London
King & Wood Mallesons, Beijing and Sanya
Beijing High Court, Beijing
8.30: Welcome coffee and registration
9.00: Chairs’ morning welcome
Fay Zhou, Linklaters and Zhan Hao, AnJie Law Firm
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.
Yingling Wei, JunHe, Beijing
Masaya Sakuma, Director, International Affairs Division, Japan Fair Trade Commission, Tokyo
Jindrich Kloub, Hong Kong Competition Commission, Hong Kong
Andrew Heimert, Counsel for Asian Competition Affairs, Office of International Affairs, Federal Trade Commission
10.25: 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.
Jet Deng, Dentons, Beijing
Avantika Chowdhury, Oxera, London and Brussels
Mark Snyder, Qualcomm, California
Tao Jun, Beijing High Court, Beijing
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.
Ninette Dodoo, Freshfields Bruckhaus Deringer, Beijing
Roger Zhang, Senior Competition Counsel, Tencent, Beijing
Charlie Xie, AlixPartners, London
Sanghoon Shin, Bae, Kim & Lee, Seoul
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?
Feng Yao, Sunland Law, Beijing
Vivian Cao, Linklaters, Beijing
Simon Bishop, RBB Economics, Brussels and London
Tony Jiang, Intel, Beijing
16.10: Antitrust, IP and Industrial Policy
Several recent antitrust and IP enforcement decisions, including the Qualcomm/NXP merger decision by SAMR and China's fine of Changan Ford, sit at the heart of the debate about the role industrial policy should play in competition law decisions. What role should industrial policy have in shaping the international approach to antitrust issues surrounding patent holders? What factors are likely to come into play in various jurisdictions over the short and medium term that might affect the ways in which industrial policy becomes intertwined with antitrust and competition law enforcement?
Susan Ning, King & Wood Mallesons, Beijing
Sébastien Evrard, Gibson Dunn, Hong Kong
H. Stephen Harris, Winston & Strawn, Washington, DC, New York, and Shanghai
17.20: Chairs’ closing remarks
Fay Zhou, Linklaters and Zhan Hao, AnJie Law Firm
17.30: Conference close