Coverage

Class actions coming to Korea

Class actions coming to Korea

15 March 2013

New legislation has been proposed in Korea to open the door to private antitrust damages lawsuits, a Fair Trade Commission official announced today. Faaez Samadi in Singapore

Debate: Is Asian antitrust fundamentally different?

18 March 2013

Competition specialists at a GCR conference last week challenged one another over whether antitrust law in Asia is at its core different to that practised in the Western world, or whether the difference was merely in how it is implemented. Faaez Samadi in Singapore

Chairs

Susan Ning

King & Wood Mallesons

Dr R. Ian McEwin

Competition Consulting Asia and Visiting Professor, Chulalongkorn University, Bangkok

Speakers

Kala Anandarajah

Rajah & Tann

Percy Billimoria

AZB & Partners

Nathan Bush

O'Melveny & Myers

Terry Calvani

Freshfields Bruckhaus Deringer

Peter Camesasca

Peter Camesasca Advocaat BVBA

Martin Commons

Senior Antitrust Counsel, BHP Billiton

Ninette Dodoo

Clifford Chance

Shigeyoshi Ezaki

Anderson Mori & Tomotsune

Colin Flynn

Singapore Airlines

David Fruitman

Regional Competition Counsel/Senior Advisor, DFDL

Joy Fuyuno

Director of Competition Law for Asia, Microsoft

Michael Han

Freshfields Bruckhaus Deringer

Stephen Harris, Jr.

Baker & McKenzie

Ragunath Kesavan

Competition Commissioner, Malaysian Competition Commission

Ng Ee Kia

Drew & Napier

Dae Young Kim

Director of the International Division, KFTC

Lim Chong Kin

Drew & Napier

Zhang Kun

Counselor from Antimonopoly and Antiunfair Competition Enforcement Bureau, SAIC

Angela Kwan

General Counsel, GE AVIC Avionics Systems Company

Jon Lawrence

Freshfields Bruckhaus Deringer

Professor Hwang Lee

Korea University School of Law

Toh Han Li

Assistant Chief Executive (Legal and Enforcement Division), Competition Commission of Singapore (CCS)

Jenni Lukander

Director, Head of Competition & Antitrust Law, Nokia Corporation, Legal and IP

Miguel de la Mano

Head of Unit, Analysis of Financial Markets, DG MARKT, European Commission

John E. Matheson

Director of Legal Policy for Asia Pacific, Intel

Anthony Maton

Hausfeld

Takao Matsui

Okabe International Patent Office

Dinni Melanie

Head of the Clerk Division, KPPU

Kenneth O'Rourke

O'Melveny & Myers

Miguel Rato

Shearman & Sterling

Daren Shiau

Allen & Gledhill

Trevor Soames

Shearman & Sterling

David Stallibrass

Special Consultant, RBB Economics

Yukinari Sugiyama

Director, Internal Affairs Division, Japan Fair Trade Commission

Jennifer Vasta

Senior Legal Counsel, Qualcomm Inc

Cento Veljanovski

Case Associates

Luke Woodward

Gilbert+Tobin

Hoil Yoon

Yoon & Yang

Jutatip Yooyod

Director of Foreign Affairs Unit, Business Competition Bureau, Department of Trade, Thailand

Sai Ree Yun

Yulchon

Fay Zhou

Linklaters

CPD points

The conference has been accredited with 10 CPD hours.

Programme

Eve of the conference: Speakers' Dinner at the Equinox Restaurant, Swissôtel hosted by Freshfields Bruckhaus Deringer.

DAY ONE – Thursday 14 March

9.00am: Chairs’ opening remarks

Dr R. Ian McEwin, Competition Consulting Asia
Susan Ning, King & Wood Mallesons

9.05am – 10.30am: The ASEAN Economic Community in 2015 – what does it mean for competition law?

Members of ASEAN are obliged to implement competition laws by 2015. So – who is going with what approach and what will the initial enforcement agenda be? How about traps for the unwary? Enforcers and private practitioners will be asked to present an “oral memo” that gives the headline points about younger South East Asian regimes.

Chair

Dr R. Ian McEwin, Competition Consulting Asia

Officials

Indonesia – Dinni Melanie, KPPU

Malaysia – Ragunath Kesavan, Malaysian Competition Commission

Singapore - Toh Han Li, Competition Commission of Singapore (CCS)

Thailand – Jutatip Yooyod, Business Competition Bureau, Department of Trade

Private practitioner commentators

David Fruitman, DFDL

Daren Shiau, Allen & Gledhill

Kala Anandarajah, Rajah & Tann

10.30am – 11.00am: Coffee break sponsored by Gilbert + Tobin

11.00am – 12.30pm: Panel discussion – IPRs and antitrust – what’s the proper relationship?

Cases such as Google/MMI, Samsung, Motorola/Apple, Motorola/Microsoft have put the intersection of IP and antitrust in the spotlight. A panel representing key players in the technology landscape will discuss where the balance should lie between the two areas overlap.

It will focus on:

  • market power and patents (especially SEPs)
  • the theories of alleged hold-up and royalty stacking
  • how far FRAND commitments should be interpreted and policed under antitrust law

Throughout, there will be a particular focus on the issues arising in the major current enforcement cases.

Chair

Trevor Soames, Shearman & Sterling

Panel

Peter Camesasca, Peter Camesasca Advocaat BVBA

Miguel de la Mano, DG MARKT, European Commission

Takao Matsui, Okabe International Patent Office

Professor Hwang Lee, Korea University School of Law

Jennifer Vasta, Qualcomm Inc

Jenni Lukander, Nokia

Miguel Rato, Shearman & Sterling

12.30pm – 14.00pm: Lunch sponsored by Drew & Napier

14.00pm – 15.45pm: Cartel follow on-litigation - in the US, Europe and Asia (case study format)

The conference will split in two and discuss both sides of a follow-on litigation scenario, with nexuses in Europe and China, before reconvening to compare notes

Chair

Jon Lawrence, Freshfields Bruckhaus Deringer

Speakers

Anthony Maton, Hausfeld

Michael Han, Freshfields Bruckhaus Deringer

Hoil Yoon, Yoon & Yang

Kenneth O’Rourke, O’Melveny & Myers

Peter Camesasca, Peter Camesasca Advocaat BVBA

15.45pm – 16.15pm: Coffee break sponsored by Gilbert + Tobin

16.15pm – 17.45pm: In-house counsel roundtable – what would in-house counsel like to see changing when it comes to Asian antitrust laws?

In contrast to the position in the US and Europe, Asian antitrust laws don’t look, and aren’t in fact, all the same – creating special headaches for in-house counsel. Against that backdrop, a panel of four in-house counsel, drawn from very different types of company, will identify the four or so problems that give them headaches, along with some recommendations on how convergence might be used to wash some of those headaches away.

Chair

Martin Commons, BHP Billiton

In-house panellists

John E. Matheson, Intel

Angela Kwan, GE Avionics

Colin Flynn, Singapore Airlines

17.45pm – 18.00pm: Chairs’ wrap

Dr R. Ian McEwin, Competition Consulting Asia
Susan Ning, King & Wood Mallesons

6.30pm - 8.00pm: All delegates are invited to a cocktail reception hosted by Shearman & Sterling.

Close of Day One

DAY TWO – Friday 15 March

9.00am: Chairs’ welcome

Dr R. Ian McEwin, Competition Consulting Asia
Susan Ning, King & Wood Mallesons

9.05am – 10.30am: Panel discussion North Asia – where are we now? Where are we going?

A panel comprising half enforcers and half private practitioners will be coaxed into disclosing where they believe antitrust enforcement is headed in the jurisdictions of Northern Asia. The session is expected to draw out some of particularities of Asian antitrust enforcement vs the rest of the world. Expected to be in a question and answer style, led by the chair

Chair

Steve Harris Jr., Baker & McKenzie

Officials

China – Zhang Kun, SAIC

Korea – Dae Young Kim, Korea Fair Trade Commission

Japan – Yukinari Sugiyama, Japan Fair Trade Commission

private practice commentators

China – Susan Ning, King Wood & Mallesons

Korea – Sai Ree Yun, Yulchon

Japan – Shigeyoshi Ezaki, Anderson Mori & Tomotsune

10.30am – 10.50am: Coffee break sponsored by Gilbert + Tobin

10.50am – 11.50am: GCR Live symposium session

Aka – a question and answer session on steroids.

Members of the audience will be asked to compose questions before the event to be answered by an illustrious panel – and other members of the audience (for an example – see the annexe at end of programme). The session will provide an opportunity to expand on themes brought out in other parts of the programme, or to discuss topics not covered elsewhere.

Chair

Luke Woodward, Gilbert+Tobin

Panel

Joy Fuyuno, Microsoft

Percy Billimoria, AZB & Partners

Nathan Bush,O'Melveny & Myers

Ng Ee Ki, Drew & Napier

Fay Zhou, Linklaters

11.50am – 13.15pm: Oxford Union-style debate

“This house believes Asian antitrust is fundamentally different”

Two teams will debate the motion before a panel of three judges, who will then render their decision, followed by an audience vote

Chair

Terry Calvani, Freshfields Bruckhaus Deringer

Debaters

For:

Daren Shiau, Allen & Gledhill

Lim Chong Kin, Drew & Napier

Against:

Ninette Dodoo, Clifford Chance

David Stallibrass, RBB Economics

Judges

Cento Veljanovski, Case Associates (president)

Steve Harris Jr., Baker & McKenzie

Trevor Soames, Shearman & Sterling

13.15pm – 13.20pm: Chairs’ crystal ball gazing session

Our two chairs look into the GCR Live crystal ball and predict, on the basis of what’s been heard so far, what the future might hold.

Dr R. Ian McEwin, Competition Consulting Asia
Susan Ning, King & Wood Mallesons

13.30pm: Lunch sponsored by Drew & Napier

Close of conference

Venue

The Fullerton Hotel, 1 Fullerton Square, Singapore, 049178, Singapore

Testimonials

  • "Very well organised, no issues, GCR staff always helpful and professional." Joseph Adam, Assistant General Counsel – Deere & Co.

  • “Excellent topics and an impressive panel.” Michael Galligan, Senior Counsel – IBM

Prices

Registration is unavailable.