Coverage

China again defends due process record

China again defends due process record

04 March 2016

The head of China’s primary cartel enforcer today defended the agency’s oft-criticised record in offering companies and executives legal and due process protections during antitrust investigations. Ron Knox at GCR Live in Singapore

Google counsel: “Is there blood?”

Google counsel: “Is there blood?”

04 March 2016

Discussing the appropriate threshold for intervention in digital markets, a senior competition counsel at Google urged antitrust authorities not to be heavy-handed when looking at potentially abusive use of intellectual property rights. Sonya Lalli at GCR Live in Singapore

SAIC official: market environments should be “fair, open and just”

SAIC official: market environments should be “fair, open and just”

04 March 2016

An official from China’s State Administration for Industry and Commerce today argued in favour of increased international cooperation, and opened up on the enforcer’s plans to boost its transparency. Sonya Lalli at GCR Live Singapore

Asian antitrust enforcers split on investigation cooperation

Asian antitrust enforcers split on investigation cooperation

04 March 2016

Officials from two of Asia’s most senior antitrust enforcers drew sharp contrasts with China’s fledgling and sometimes isolationist regime in how it cooperates with its peer agencies around the world. Ron Knox at GCR Live in Singapore

Chairs

Susan Ning

King & Wood Mallesons

Susan joined King & Wood Mallesons in 1995. She is a senior partner and the head of the Commercial and Regulatory Group.

Chong Kin Lim

Drew & Napier

Speakers

Simon Bishop

RBB Economics

Richard Blewett

Clifford Chance

Elsa Chen

Principal Economist, Allen & Gledhill

Jet Zhisong Deng

Dentons Beijing Office

Nynnart Gherdlarppon

Senior Trade Officer, Bureau of Business Competition, Department of Internal Trade, Ministry of Commerce, Royal Thai Government

Nicholas French

Freshfields Bruckhaus Deringer

David Fruitman

Regional Competition Counsel/Senior Advisor, DFDL Legal & Tax

Herbert Fung

Director, Competition Commission of Singapore (CCS)

Joy Fuyuno

Director of Competition Law for Asia, Microsoft

H. Stephen Harris, Jr.

Winston & Strawn

Jim Jeffs

Competition Counsel, Greater Asia Region, Intel

Toh Han Li

Chief Executive, Competition Commission of Singapore (CCS)

Mark Jephcott

Herbert Smith Freehills

Saroeung Kem

Director, Department of Legal Affairs, Ministry of Commerce, Cambodia

Lisa Mather

General Counsel, Asia Division, Colgate-Palmolive Company

Anthony Maton

Hausfeld & Co.

Suhail Nathani

Economic Laws Practice

Ee Kia Ng

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

Fachri Mochamad

Baker & McKenzie

Dr. Anh Tuan Nguyen

LNT & Partners

Kirstie Nicholson

Managing Counsel Competition, BHP Billiton

Miguel Rato

Shearman & Sterling

François Renard

Allen & Overy

Mohammad Reza

Head of Legal, Public Relations and Cooperation Bureau, Indonesia's Commission for the Supervision of Business Competition (KPPU)

Ninette Dodo

Freshfields Bruckhaus Deringer

Tuan Ragunath Kesavan

Member, Malaysia Competition Commission (MYCC)

Bill Reid

Ashurst

Alvin Hiromasa Shiozaki

Nishimura & Asahi

Sadaaki Suwazono

Director, International Affairs Division, Japan Fair Trade Commission (JFTC)

Sharon Tan

Zaid Ibrahim & Co (a member of ZICOlaw)

M. Auraellia Wang

Senior Competition Counsel APAC, Google

Philip Williams

Frontier Economics

Sean Sinsung Yun

Yoon & Yang

Heidi Farah Sia A. Rahman

Special Duties Officer, Economic and Finance Division, Prime Minister’s Office, Brunei Darussalam

Han Lin Zaw

Deputy Director, Competition Policy Division, Department of Trade, Ministry of Commerce, Myanmar

Shuanglin Qi

AML Legal Division Section Chief, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce (SAIC)

Yoorim Pyun

Deputy Director, International Cooperation Division, Korea Fair Trade Commission (KFTC)

Burton Ong

Director (Competition Law), Centre for Law and Business, National University of Singapore

Mark Ohlson

Yangming Partners

Programme

Day one - Thursday, 3 March

8.45: Welcome coffee and registration

9.15: Chairs’ welcome

Susan Ning, King & Wood Mallesons
Chong Kin Lim,Drew & Napier

9.30: ASEAN Roundtable

Part 1: Regulator discussion on new competition law regimes in ASEAN

Moderator:
Chong Kin Lim, Drew & Napier

Panel:
Nynnart GherdlarpponSenior Trade Officer, Bureau of Business Competition, Department of Internal Trade, Ministry of Commerce, Royal Thai Government
Saroeung Kem, Director, Department of Legal Affairs, Ministry of Commerce, Cambodia
Toh Han Li, Chief Executive, Competition Commission of Singapore (CCS)
Tuan Ragunath Kesavan, MemberMalaysia Competition Commission (MYCC) 
Heidi Farah Sia A. Rahman, Special Duties Officer, Economic and Finance Division, Prime Minister’s Office, Brunei Darussalam
Mohammad Reza, Head of Legal, Public Relations and Cooperation Bureau, Indonesia's Commission for the Supervision of Business Competition (KPPU) 
Han Lin Zaw, Deputy Director, Competition Policy Division, Department of Trade, Ministry of Commerce, Myanmar

Part 2:Discussion on competition law in practice in the ASEAN region from practitioners’ perspective

Panel: 
David Fruitman, Regional Competition Counsel/Senior Advisor, DFDL Legal & Tax
Anh Tuan Nguyen,
 LNT & Partners
Fachri Mochamad, Baker & McKenzie

11.30: Coffee break

12.00: Case Study: Mergers

Two competing (fictional) multi-national construction companies, Constructit and Buildit, have decided to merge.  
Constructit is headquartered in Australia and has activities throughout the Asia Pacific Region. Buildit is headquartered in Singapore and has activities globally. 
Both companies manufacture construction materials in Australia and China, and both companies supply construction services and materials in all jurisdictions in which they have commercial activities.  In addition, Constructit owns a patent in respect of one of the products it manufactures in China and which is a key component used in all new large construction projects in China. 
An initial merger filing analysis has indicated potentially high combined market shares in at least one relevant market in each of Australia, China, India and Singapore.

Moderator:
Kirstie Nicholson, Managing Counsel Competition, BHP Billiton

Panel:
Richard Blewett, Clifford Chance
Nicholas French, Freshfields Bruckhaus Deringer
Ee Kia Ng, Senior Director, Policy & Markets Division, Competition Commission of Singapore (CCS)
François Renard, Allen & Overy

13.15: Networking lunch sponsored by Drew & Napier

14.15: Economics: Hot tub on hot tubbing

  • What is an economists’ ‘hot tub’?
  • How the hot tub may be applied in the rest of Asia
  • Cross examination v hot tubbing – which is more effective and in what ways?
  • The potential ‘downsides’ of hot tubs – incorporating issues in the ‘hot tub’ concerning: the potential to blur evidentiary distinctions, multiple experts, the role of judge and counsel, the problem of the dominant expert and peer pressure
  • Q+A

Moderator:
Anthony Maton, Hausfeld & Co.

Panel:
Simon Bishop, RBB Economics
Elsa Chen, Principal Economist, Allen & Gledhill
Carol Osborne, HoustonKemp Economists
Philip Williams, Frontier Economics

15.30: Coffee break

15.50: GCR Live Oxford Union-style debate

Motion: "This house believes that regulation of information exchange has no place in sound competition policy"

Moderator:
H. Stephen Harris, Jr., Winston & Strawn

Debaters:
Ninette Dodoo, Freshfields Bruckhaus Deringer
Mark Jephcott, Herbert Smith Freehills
Lisa Mather, General Counsel, Asia Division, Colgate-Palmolive Company  
Sharon Tan, Zaid Ibrahim & Co (a member of ZICOlaw)
Herbert Fung, Director, Competition Commission of Singapore (CCS)

17.10: Conclusion of day one

17.15 onwards: Delegates are invited to attend a cocktail reception kindly hosted by Shearman & Sterling

Day two - Friday, 4 March

8.30: Welcome coffee and registration

9.00: Chairs' welcome

Susan Ning, King & Wood Mallesons
Chong Kin Lim, Drew & Napier

9.05: North Asia roundtable

Regulators and practitioners discuss competition law and practice in key North Asian jurisdictions, including:

  • Recent developments from each jurisdiction; legislative developments, focus of law enforcement activities, major cases
  • IP related case comparison
  • Vertical restraints related issues
  • International cooperation

Moderator:
Susan Ning, King & Wood Mallesons

Panel:
Jet Zhisong Deng, Dentons Beijing Office
Mark Ohlson, Yangming Partners
Yoorim Pyun, Deputy Director, International Cooperation Division, Korea Fair Trade Commission (KFTC)
Shuanglin Qi, AML Legal Division Section Chief, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce (SAIC) 
Alvin Hiromasa ShiozakiNishimura & Asahi
Sadaaki Suwazono, Director, International Affairs Division, Japan Fair Trade Commission (JFTC)
Sean Sinsung Yun, Yoon & Yang

11.00: Coffee break

11.20: IP & Antitrust

  • The IP/antitrust interface is of importance to both the digital economy and more traditional businesses. Some are concerned that uncertainty may be chilling competitive rivalry and innovation. What sort of guidance should agencies be providing to market participants?
  • Is competition enforcement being drawn into the trade agenda? Will it? What does it mean for businesses and how they plan their affairs domestically and globally?
  • A look at traditional enforcement processes and institutional models and the pace of change and conduct in the digital economy
  • Qualitative effects in enforcement decisions
  • Competition agencies or specialized intellectual property tribunals?
  • The impact on innovation

Moderator:
George Addy, Davies Ward Phillips & Vineberg

Panel:
Joy Fuyuno, Director of Competition Law for Asia, Microsoft
Jim Jeffs, Competition Counsel, Greater Asia Region, Intel
Burton Ong, Director (Competition Law), Centre for Law and Business, National University of Singapore
Miguel Rato, Shearman & Sterling
M. Auraellia WangSenior Competition Counsel APAC, Google

12.40: Networking lunch sponsored by Drew & Napier

13.45: International cartel enforcement with a focus on Australia, Singapore, India and China

Moderator:
Bill Reid, Ashurst

Panel:
Susan Ning, King & Wood Mallesons
Scott Clements, Drew & Napier 
Suhail Nathani, Economic Laws Practice

15.05: Chairs' closing remarks

15.15: Close of conference

Venue

Maxwell Chambers, 32 Maxwell Road, 069115, Singapore

Testimonials

  • "The IP/Antitrust session provided useful insights" Yoorim Pyun, Korea Fair Trade Commission

  • "The discussion was pretty deep while not missing relevant issues"

  • "Thank you - it was an excellent event and the team did a great job as usual organizing and managing it"