Coverage

Tech cases bring out practitioners' “speed” argument

Tech cases bring out practitioners' “speed” argument

09 March 2018

Before antitrust watchdogs consider attacking the business practices or tie-ups of companies operating online or in other high technology sectors, they should consider – and perhaps defer to – claims that dynamism will outweigh any concerns about competition, several antitrust lawyers and economists have said.

Singapore chief hopes for ASEAN enforcers' network in 2018

Singapore chief hopes for ASEAN enforcers' network in 2018

09 March 2018

The Association of Southeast Asian Nations hopes to have a regional enforcers’ network up and running before the end of this year, the chief executive of Singapore’s competition enforcer has said.

Despite time crunch, Thai enforcer to meet deadline

Despite time crunch, Thai enforcer to meet deadline

09 March 2018

A senior official at Thailand’s competition authority has said it needs more time than it has been given to fully implement changes to the country’s competition regime.

China to merge antitrust into one enforcer

China to merge antitrust into one enforcer

11 March 2018

China is expected to announce early this week that it will combine the duties of its three competition agencies into a single centralised authority, bringing enforcement of its eight-year-old antitrust law under one roof for the first time.

Senior enforcers in Asia introduce changes large and small

14 March 2018

The most powerful antitrust agencies in Asia are busy revamping their practices in an effort to ramp up enforcement and boost cooperation between competition agencies, senior enforcers in Japan, Korea and China said last week.

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. She is one of the first legal practitioners in China to practice antitrust and competition law, and also one of the pioneers engaged in the cybersecurity and data compliance practice. Together with her team, Susan has undertaken many high-profile antitrust merger control filings on behalf of clients, and assisted a number of well-known clients on antitrust investigations. In the areas of cyber security and data compliance, Susan has assisted companies in sectors such as IT, transportation, online payment, consumer goods, finance, Internet of Vehicles., etc.

Chong Kin Lim

Drew & Napier, Singapore

Lim Chong Kin heads Drew & Napier's Competition and Regulatory (Contentious & Non-Contentious); and, Telecoms, Media and Technology practices.

 

Chong Kin has been involved in competition and regulatory matters since 1999 and is known for his expertise in drafting “first-of-its-kind” competition legislation, including acting as the lead Singapore counsel for the drafting and review of various iterations of the Telecom Competition; the Media Market Conduct Code; and the Postal Competition Code. He regularly acts for sectoral competition regulators on liberalisation, market access, merger reviews, appeals and enforcement issues, and is currently assisting the converged media and telecommunications regulator in various matters involving the converged media and telecommunications market. Chong Kin has also been commissioned by the Competition Commission of Singapore and the sectoral competition regulators to undertake landmark market studies.

Speakers

Nasarudin Bin Abdul Rahman

Malaysia Competition Commission (MyCC), Kuala Lumpur

Kala Anandarajah, PBM

Rajah & Tann, Singapore

Ranran Cheng

Deputy Director, Anti-Monopoly Bureau, Ministry of Commerce (MOFCOM), Beijing

Corinne Chew

Drew & Napier, Singapore

Winnie Ching

Director (Legal), Competition Commission of Singapore (CCS)

Urajitt Chittasevi

Senior Officer, International Affairs Division, Office of Trade Competition Commission (OTCC), Nonthaburi

Charles Coorey

Gilbert + Tobin, Sydney

Kim DaeYoung

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

David Fruitman

Regional Competition Counsel/Senior Consultant, DFDL, Phnom Penh

Toh Han Li

Chief Executive, Competition Commission of Singapore (CCS)

H. Stephen Harris

Winston & Strawn, Washington, DC, New York, and Shanghai

Greg Houston

HoustonKemp, Sydney

Katrina Johnson

Associate General Counsel, Head of Legal, Asia-Pacific, Uber, Sydney

Jindrich Kloub

Executive Director, Operations, Hong Kong Competition Commission

Jon Leibowitz

Davis Polk & Wardwell, Washington, DC

Aung Min Thyke

Director, Department of Trade, Ministry of Commerce, The Republic of the Union of Myanmar, Naypyidaw

Alastair Mordaunt

Freshfields Bruckhaus Deringer, Hong Kong

Kirstie Nicholson

Managing Competition Counsel, BHP, Singapore

Deswin Nur

Director for the Directorate of Merger, Komisi Pengawas Persaingan Usaha (KPPU), Jakarta

Burton Ong

Associate Professor, National University of Singapore

Kazuo Oya

Senior Planning Officer, International Affairs Division, Japan Fair Trade Commission (JFTC), Tokyo

Stella Quimbo

Commissioner, Philippine Competition Commission (PCC), Pasig City

Matthew Readings

Shearman & Sterling, Brussels and London

François Renard

Allen & Overy, Hong Kong

Derek Ritzmann

Compass Lexecon, Hong Kong and Brussels

Sean Sinsung Yun

Yoon & Yang, Seoul

Phùng Văn Thành

Investigator, Deputy Director, Vietnam Competition and Consumer Protection Authority (VCCA), Hanoi

Marc Waha

Norton Rose Fulbright, Hong Kong

Philip Williams

Frontier Economics, Melbourne

Atsushi Yamada

Anderson Mori & Tomotsune, Tokyo

Kaori Yamada

Freshfields Bruckhaus Deringer, Tokyo

Programme

Friday, 9 March 2018

8.45: Welcome coffee and registration

9.00: Chairs' welcome

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

9.15: ASEAN regulators' roundtable

This session brings together ASEAN competition law enforcers to discuss capacity building, the development of competition law cooperation 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:
Toh Han Li, Chief Executive, Competition Commission of Singapore (CCS)
Deswin Nur, Director for the Directorate of Merger, Komisi Pengawas Persaingan Usaha (KPPU), Jakarta
Urajitt Chittasevi, Senior Officer, International Affairs Division, Office of Trade Competition Commission (OTCC), Nonthaburi
Nasarudin Bin Abdul Rahman, Malaysia Competition Commission (MyCC), Kuala Lumpur
Aung Min Thyke, Director, Department of Trade, Ministry of Commerce, The Republic of the Union of Myanmar, Naypyidaw
Phùng Văn Thành, Investigator, Deputy Director, Vietnam Competition and Consumer Protection Authority (VCCA), Hanoi
Stella Quimbo, Commissioner, Philippine Competition Commission (PCC), Pasig City

11.00: Coffee break       

11.30: Abuse of dominance cases in digital markets: key issues and new trends

Looking through the lenses of past and ongoing abuse of dominance cases in the e-commerce sector, this panel session considers the following issues:

  • How is the dominant position of an e-commerce platform established?

    - Market definition (online vs. offline market; multi-sided market)

    - Market power assessment (measuring market shares, multi-homing, data and lock-in effect, network effect, leverage theory)

  • What are the usual forms of abuse; excessive pricing, exclusive dealing, tie-in sales, interoperability issues, etc.?

  • Given the dynamic nature of e-commerce markets, when should competition authorities intervene?

  • What are the most appropriate forms of remedies? 

  • Jurisdictional issues that may arise given the cross-border nature of e-commerce transactions

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

Panel:
David Fruitman, Regional Competition Counsel/Senior Consultant, DFDL, Phnom Penh
Charles Coorey, Gilbert + Tobin, Sydney
Corinne Chew, Drew & Napier, Singapore
Derek Ritzmann, Compass Lexecon, Hong Kong and Brussels

12.45: Networking lunch kindly sponsored by Drew & Napier

13.45: Assessing mergers in the e-commerce sector: challenges and countermeasures

Looking through the lenses of past and ongoing merger assessments in the e-commerce sector undertaken by regulators in the region, this panel session considers the following issues:

  • What are the appropriate merger thresholds?

  • What is the appropriate counterfactual?

  • What are the typical competition concerns raised?

  • Should dynamic competition factors e.g. incentive for innovation, instead of only static competition factors i.e. coordinated and non-coordinated effects be considered as part of merger assessment?

  • Should the value of data be taken into account in merger assessment?

  • Is there greater cause for competition concerns in vertical or conglomerate mergers?

  • What are the most appropriate forms of remedies? 

  • Economic analysis of a remedy: static versus dynamic competition considerations

  • Jurisdictional issues that may arise given the cross-border nature of e-commerce transactions

Moderator:
François Renard, Allen & Overy, Hong Kong

Panel:
Philip Williams, Frontier Economics, Melbourne
Kala Anandarajah, PBM, Rajah & Tann, Singapore
Matthew Readings, Shearman & Sterling, Brussels and London

15.00: Coffee break

15.25: How to compete in the internet economy

This panel session discusses recent regulatory developments with regard to competition in the internet economy. The session will focus on:

  • The collection and use of personal data

  • Traffic hijacking

  • Unfair contract terms

  • The intersection of competition and sector-specific regulation

Moderator:
Marc Waha, Norton Rose Fulbright, Hong Kong

Panel:
Sean Sinsung Yun, Yoon & Yang, Seoul
Kaori Yamada, Freshfields Bruckhaus Deringer, Tokyo
Burton Ong, Associate Professor, National University of Singapore
Katrina Johnson, Associate General Counsel, Head of Legal, Asia-Pacific, Uber, Sydney

16.45: Chairs' closing remarks

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

17.00: Close of day one: All delegates are invited to attend a drinks reception kindly hosted by Shearman & Sterling

Saturday, 10 March 2018

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: North Asia regulators' roundtable

This session will exchange views from across North Asia and will discuss key developments in competition law and practice, key policy drivers, and the North Asian authorities' approach in their enforcement of competition laws, and recent cases of significance.

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

Panel:
Jindrich Kloub, Executive Director, Operations, Hong Kong Competition Commission
Kazuo Oya, Senior Planning Officer, International Affairs Division, Japan Fair Trade Commission (JFTC), Tokyo
Ranran Cheng, Deputy Director, Anti-Monopoly Bureau, Ministry of Commerce (MOFCOM), Beijing
Kim DaeYoung, Deputy Director, International Cooperation Division, Korea Fair Trade Commission (KFTC), Seoul

10.50: Coffee break        

11.20: The role of algorithms: cartel investigations in the era of artificial intelligence 

Algorithms can be designed to monitor competitor prices, adjust prices, signal prices and work out when it would be profitable to form cartels. They can also be used to enforce the terms of a cartel and monitor compliance. They have attracted the attention of competition authorities, notably the European Competition Commission which completed an e-commerce sector inquiry in May 2017. The OECD also held a special hearing on Algorithms and Collusion in June 2017. This panel session considers the following issues:

  • How are competition authorities conducting cartel investigations with regard to algorithms in the e-commerce sector?

  • How could authorities recognise collusions through algorithms?

  • When might information sharing through algorithms be considered "anti-competitive"?

Moderator:
Alastair Mordaunt, Freshfields Bruckhaus Deringer, Hong Kong

Panel:
Atsushi Yamada, Anderson Mori & Tomotsune, Tokyo
Greg Houston, HoustonKemp, Sydney
Winnie Ching, Director (Legal), Competition Commission of Singapore (CCS)
Kirstie Nicholson, Managing Competition Counsel, BHP, Singapore

12.40: Chairs' closing remarks

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

12.50: Close of conference

Venue

Maxwell Chambers, Singapore

Testimonials

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

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

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

 

Private Practitioner
Type Price Until
Super Early £475 26 Jan
Early £575 23 Feb
Standard £850  10 Mar

 

In-house/governmental
Type Price
Standard Complimentary