Coverage

Malaysia central bank chastises MyCC for auto insurance case

Malaysia central bank chastises MyCC for auto insurance case

02 March 2017

The central bank of Malaysia yesterday lashed out at the country’s competition authority, claiming it overstepped its bounds and undermined consumers by charging nearly two dozen automotive insurance companies with breaking competition law.

US will suffer in any trade war, ASEAN enforcers warn

US will suffer in any trade war, ASEAN enforcers warn

02 March 2017

While the US and some European countries seem to be shunning free trade agreements, senior competition officials from multiple Asian countries say they will continue to push for global trade regardless of their western counterparts.

Indonesian antitrust reforms in sight, but hurdles remain

Indonesian antitrust reforms in sight, but hurdles remain

03 March 2017

The time may finally be right to amend Indonesia’s 18-year-old antitrust law, but shifts in the competition authority’s membership and a national election have set difficult and rapidly approaching deadlines to make those changes happen.

New Chinese merger probe may test big data issues

New Chinese merger probe may test big data issues

03 March 2017

China is carefully weighing how to approach potential competition issues in big data and online platform services in which the primary product is ostensibly free for consumers, a senior official at the Ministry of Commerce said today.

Balancing market competition with national policy in China

Balancing market competition with national policy in China

31 May 2017

Over his years in China’s National Development and Reform Commission, Zhang Handong has seen how the country’s embrace of market competition has dovetailed with national industrial policy. In a keynote address to GCR Live Singapore: 6th Annual Asia-Pacific Law Leaders Forum, Zhang, who heads the NDRC’s price supervision and anti-monopoly bureau, explained how that relationship has evolved, and how the country’s antitrust enforcement regime has worked to ensure government policy avoids distorting competition

Singapore ASEAN roundtable

Singapore ASEAN roundtable

31 May 2017

At the 2017 GCR Live Asia Law Leaders conference in Singapore, enforcers from some of the Association of Southeast Asian Nations’ most crucial jurisdictions gathered to discuss the progress of ASEAN and the future of trade, both in the region and globally. Here, we reproduce a part of that conversation, focusing on the growth of competition law in Asia, and the region’s reaction to the rise of nationalism in the West

Chairs

Susan Ning

King & Wood Mallesons, Beijing and Sanya

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, Singapore

Lim Chong Kin is a director with Drew & Napier LLC. He heads the firm's competition and regulatory practice, and the telecommunications, media and technology (TMT) practice.

Speakers

Arsenio Balisacan

Chairman, Philippine Competition Commission (PCC), Pasig City

Corinne Chew

Drew & Napier, Singapore

Jessica Delbaum

Shearman & Sterling, New York

Ninette Dodoo

Freshfields Bruckhaus Deringer, Hong Kong and Beijing

Mochamad Fachri

Hadiputranto, Hadinoto & Partners; a member of Baker McKenzie International, a Swiss Verein, Jakarta

David Fruitman

Regional Competition Counsel/Senior Consultant, DFDL, Phnom Penh

Herbert Fung

Director, Business and Economics, Competition Commission of Singapore (CCS), Singapore

Joy Fuyuno

Director of Competition Law for Asia, Microsoft, Singapore

Zhang Handong

Director General, Bureau of Price Supervision, National Development and Reform Commission (NDRC), Beijing

H. Stephen Harris, Jr.

Winston & Strawn, Washington, DC and New York

Greg Houston

HoustonKemp Economists, Sydney

Khouanchay Iemsouthi

Deputy Director-General, Domestic Trade Department, Ministry of Industry and Commerce, Laos

Ragunath Kesavan

Member of the Commission, Malaysia Competition Commission (MyCC), Kuala Lumpur

Ng Ee Kia

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

Bernard Chung Wei Leong

Head of Digital Services, Singapore Post, Singapore

Toh Han Li

Chief Executive, Competition Commission of Singapore (CCS), Singapore

Wang Liyuan

Senior Official, Supervision and Law Enforcement Division, Anti-Monopoly Bureau of the Ministry of Commerce (MOFCOM), Beijing

Kamser Lumbanradja

Commissioner, Indonesia's Commission for the Supervision of Business Competition (KPPU), Jakarta

Alastair Mordaunt

Freshfields Bruckhaus Deringer, Hong Kong

Kirstie Nicholson

Managing Competition Counsel, BHP Billiton, Singapore

Mark Ohlson

Yangming Partners, Taipei

Burton Ong

National University of Singapore, Singapore

Heidi Farah Sia Binti Abd Rahman

Acting Assistant Director, Department of Economic Planning and Development, Prime Minister’s Office of Brunei, Brunei

Miguel Rato

Shearman & Sterling, Brussels

François Renard

Allen & Overy, Hong Kong

Hartmut Schneider

WilmerHale and Co-Chair of the ABA Section of Antitrust Law's Intellectual Property Committee, Washington DC

Sadaaki Suwazono

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

Trinh Anh Tuan

Deputy Director-General, Vietnam Competition Authority (VCA), Hanoi

Cento Veljanovski

Case Associates, London

Philip Williams

Frontier Economics, Melbourne

Luke Woodward

Gilbert + Tobin, Sydney

Sean Sinsung Yun

Yoon & Yang, Seoul

Programme

Thursday, 2 March 2017

8.45: Welcome coffee and registration

9.15: Chairs’ welcome

Susan Ning, King & Wood Mallesons, Beijing and Sanya
Chong Kin Lim, Drew & Napier, Singapore

9.30: ASEAN Regulators’ Roundtable 

Given the varying stages of maturity of competition laws and agencies and differing intensity of enforcement in the ASEAN region, this session brings together regulators from a number of jurisdictions to discuss capacity building, the development of competition laws in the region, the differing treatment of key commercial conduct, key policy drivers in each jurisdiction, enforcement of competition laws, focus markets and recent cases.

Moderator:
Chong Kin Lim, Drew & Napier, Singapore

Panel:
Arsenio Balisacan, Chairman, Philippine Competition Commission (PCC), Pasig City
Ragunath Kesavan, Member of the Commission, Malaysia Competition Commission (MyCC), Kuala Lumpur
Trinh Anh Tuan, Deputy Director-General, Vietnam Competition Authority (VCA), Hanoi
Khouanchay Iemsouthi, Deputy Director-General, Domestic Trade Department, Ministry of Industry and Commerce, Laos
Toh Han Li, Chief Executive, Competition Commission of Singapore (CCS), Singapore
Kamser Lumbanradja, Commissioner, Indonesia's Commission for the Supervision of Business Competition, (KPPU), Jakarta
Heidi Farah Sia Binti Abd Rahman, Acting Assistant Director, Department of Economic Planning and Development, Prime Minister’s Office of Brunei, Brunei

11.05: Coffee break         

11.30: Roadblocks and solutions in cross-border mergers

With increasing cross-border merger and acquisition activity, the importance of efficient coordination in obtaining merger clearances also intensifies. What are the potential roadblocks to arise and how can they be managed; through the use of efficiency arguments, commitments or other strategies?

  • What are the difficulties in handling cross-border mergers?
    • Level of engagement with the authority
    • Local issues and differences in substantive assessment tests
    • Voluntary vs compulsory notification
    • Transparency of process
  • Handling and negotiating carve-outs: What are the possibilities with jurisdictional “carve-outs” for problematic mergers?
  • Is there room for improvement in the consistency of application of the law, or in the transparency of the process?
  • What is the scope for efficiencies to be considered, and to what extent have competition authorities demonstrated a willingness to accept such efficiencies? What is the standard of proof required and are there observable trends in the treatment of efficiency arguments by competition authorities?
  • When is the appropriate moment to involve expert economists?
  • Advocacy and jurisdictional appetites: What types of commitments have competition authorities accepted? What commitments are appropriate to address competition harm?
  • Jurisdictional issues: The scope for “public interest” arguments and considerations and a discussion of cases where mergers have been allowed for public interest/public policy reasons.

Moderator: 
Alastair Mordaunt, Freshfields Bruckhaus Deringer, Hong Kong

Panel:
Greg Houston, HoustonKemp Economists, Sydney
Mark Ohlson, Yangming Partners, Taipei
Herbert Fung, Director, Business and Economics, Competition Commission of Singapore (CCS), Singapore 
Francois Renard, Allen & Overy, Hong Kong
Kirstie Nicholson, Managing Competition Counsel, BHP Billiton, Singapore

12.50: Networking lunch hosted by Drew & Napier                    

13.50: Keynote Address  

Zhang Handong, Director General, Price Supervision & Anti-Monopoly Bureau, National Development and Reform Commission (NDRC), Beijing  

14.20 Competition law enforcement of anti-competitive agreements and abuse of dominance: What is working and what can be improved

This session will consider recent trends in approaches to enforcement, changes to laws and guidelines and recent cases, in an attempt to distill what is working, and where there is room for improvement.

  • Developments in laws impacting recent enforcement of anti-competitive agreements and abuse cases
  • Case law or procedural developments that businesses should be aware of and how this may affect advice given by private practitioners
  • The treatment of vertical restraints and whether there are safe harbours or emerging trends as to how such restraints should be assessed 
  • Expected approaches to enforcement in emerging jurisdictions
  • Other recent trends – are there any recent trends e.g., rise of leniency applications/settlement discussions/private actions for damages in your jurisdiction?
  • Are there any current issues with enforcement approaches in your jurisdiction and what are the implications for businesses, private practitioners and economists?

Moderator:
H. Stephen Harris Jr., Winston & Strawn, Washington DC and New York

Panel:
Corinne Chew, Drew & Napier, Singapore
David Fruitman, Regional Competition Counsel/Senior Consultant, DFDL Phnom Penh
Ninette Dodoo, Freshfields Bruckhaus Deringer, Hong Kong and Beijing
Mochamad Fachri, Hadiputranto, Hadinoto & Partners; a member of Baker McKenzie International, a Swiss Verein, Jakarta

15.45: Coffee break    

16.05: Disruptive technology and two-sided markets – Competition law approaches to a new way of doing business

The digitalisation of the economy has brought with it a sea of change in the way business is conducted, with the growth of platforms such as Amazon, Ebay, Uber and AirBnB which enable individual asset owners and merchants to provide services to consumers through these providers’ platforms. Is there a need to re-examine traditional competition law assessment and enforcement processes in light of the changes to doing business in the digital economy?

  • What is the focus of regulation of platforms and two-sided markets and what is the focus of enforcement policies and activities? What can we learn from recent cases?
  • Does competitive asymmetry between platforms affect market position? How and to what extent are network effects, exclusive agreements and most-favoured nation clauses brought to focus in two-sided markets and e-commerce platforms? 

Moderator: 
Philip Williams, Frontier Economics, Melbourne

Panel:
Ng Ee Kia, Senior Director, Policy and Markets Division, Competition Commission of Singapore (CCS), Singapore
Cento Veljanovski, Case Associates, London
Luke Woodward, Gilbert + Tobin, Sydney

17.20Chairs’ closing remarks

Susan Ning, King & Wood Mallesons, Beijing and Sanya
Chong Kin Lim, Drew & Napier, Singapore

17.30 Close of day one: Drinks reception hosted by Shearman & Sterling

 

Friday, 3 March 2017 - Technology and IP: Old laws, new models – Competition regulation in the Sea of Change

8.30: Welcome coffee and registration

9.00: Chairs' welcome

Susan Ning, King & Wood Mallesons, Beijing and Sanya
Chong Kin Lim, Drew & Napier, Singapore

9.15: E-commerce and big data – Innovation and the impact on competition

The increasing digitalisation of services and the growth of e-commerce is a modern phenomenon. This creates new challenges, particularly with regard to the handling of big data, which also give rise to novel and complex competition issues. This session will discuss the impact of e-commerce and big data on competition, possible competition concerns and the approaches taken by authorities/regulators to handle competition concerns in these areas.

  • Vertical restraints and access in e-commerce
  • Ownership and control of data: The right to utilise vs anti-competitive leveraging - a discussion on the IP/antitrust interface
  • Assessing market power in data ownership and control: When access to data should be granted and on what terms
  • Recent cases and the competition law enforcement focus in issues arising from the collection, ownership and use of big data

Moderator: 
Susan Ning, King & Wood Mallesons, Beijing and Sanya

Panel:
Burton Ong, National University of Singapore, Singapore
Jessica Delbaum, Shearman & Sterling, New York
Wang Liyuan, Senior Official, Supervision and Law Enforcement Division, Anti-Monopoly Bureau of the Ministry of Commerce (MOFCOM), Beijing 
Bernard Chung Wei Leong, Head of Digital Services, Singapore Post, Singapore

10.30: Coffee break

11.00: The interface of IP and antitrust – Is there some emerging clarity?

Intellectual property laws and competition laws often work towards the achievement of the same ends - such as facilitating innovation and increasing efficiency - but those ends are achieved through very different means creating a natural tension between the two and it is important for a balance to be struck. This panel will discuss whether there is recent increased clarity in the interplay between these IP and Competition laws, and what issues are yet to be resolved.

  • Typical anti-competitive behaviors in IP licensing activities
  • What recent cases have shed light on the interplay of competition law and IP law? What lessons have been learnt from each?
  • The assessment of these types of issues seems more prevalent in well-established jurisdictions. Why is this the case? Are things changing?
  • A balance must be struck between the two sets of laws. What would be the indicators that the scale has tipped too far in one direction? Is there guidance from authorities in the region?
  • What issues remain to be resolved? What is on the horizon? 

Moderator:
Hartmut Schneider, WilmerHale and Co-Chair of the ABA Section of Antitrust Law's Intellectual Property Committee, Washington DC

Panel:
Joy Fuyuno, Director of Competition Law for Asia, Microsoft, Singapore
Sean Sinsung Yun, Yoon & Yang, Seoul
Miguel Rato, Shearman & Sterling, Brussels
Sadaaki Suwazono, Director, International Affairs Division, Japan Fair Trade Commission (JFTC), Tokyo

12.20: Chairs' closing remarks

Susan Ning, King & Wood Mallesons, Beijing and Sanya
Chong Kin Lim, Drew & Napier, Singapore

12.30: Close of conference

 

Venue

32 Maxwell Rd, Singapore 069115

Testimonials

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

  • "The E-commerce panel discussion shared a fun perspective for legal, regulator, academic and entrepreneur"

  • "The overall content of the conference was good, with relevant topics" Quek Wei Ling, Hitachi

 

Private Practitioner
Type Price Until
Super Early £600 20/01/16
Early £750 17/02/17
Standard £900  03/03/17

 

In-house/governmental
Type Price Until
Standard £250 03/03/17