GCR Live are proud to host this day and half event on Friday - Saturday, 9 - 10 March 2018 in Singapore. Top regulators and leading practitioners from across the region discuss e-commerce and competition law issues.

E-mail Tel: +44 20 3780 4137

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 & Regulatory Practice, the oldest and largest dedicated competition law practice in Singapore. Chong Kin also heads Drew & Napier’s Telecommunications, Media and Technology Practice.

Since 1999, Chong Kin has played a key role in the development of competition regulation in Singapore. In addition to assisting sectoral regulators in drafting “first-of-its-kind” competition legislation and advising on market liberalisation and access issues, merger reviews, appeals and enforcement matters, Chong Kin regularly advises corporations on a whole range of competition law matters, including investigations by the Competition Commission of Singapore (“CCS”), merger notifications to the CCS, competition compliance and transaction reviews, leniency filings and filings for decisions and guidance to the CCS.

Speakers

Kala Anandarajah, PBM

Rajah & Tann, Singapore

Arsenio Balisacan

Chairman, Philippine Competition Commission, Pasig City

Corinne Chew

Drew & Napier, Singapore

Charles Coorey

Gilbert + Tobin, Sydney

Ninette Dodoo

Freshfields Bruckhaus Deringer, Beijing

David Fruitman

Regional Competition Counsel/Senior Consultant, DFDL, Phnom Penh

Jindrich Kloub

Executive Director of Operations, Competition Commission Hong Kong

Jon Leibowitz

Davis Polk & Wardwell, Washington, DC

Toh Han Li

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

H. Stephen Harris

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

Greg Houston

HoustonKemp, Sydney

Alastair Mordaunt

Freshfields Bruckhaus Deringer, Hong Kong

Deswin Nur

Head of International Cooperation Division, Indonesia's Commission for the Supervision of Business Competition (KPPU), Jakarta

Kazuo Oya

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

Michael Schaper

Deputy Chairman, Australian Competition & Consumer Commission (ACCC), Canberra

Sean Sinsung Yun

Yoon & Yang, Seoul

H.E. Pen Sovicheat

Director General, Domestic Trade Department, Ministry of Commerce, Phnom Penh

Marc Waha

Norton Rose Fulbright, Hong Kong

Philip Williams

Frontier Economics, Melbourne

Atsushi Yamada

Anderson Mori & Tomotsune, 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

Speakers:
Arsenio Balisacan, Chairman, Philippine Competition Commission, Pasig City, Philippines
H.E. Pen Sovicheat, Director General, Domestic Trade Department, Ministry of Commerce, Phnom Penh, Cambodia
Toh Han Li, Chief Executive, Competition Commission of Singapore (CCS), Singapore
Deswin Nur, Head of International Cooperation Division, Indonesia's Commission for the Supervision of Business Competition (KPPU), Jakarta, Indonesia

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

Speakers:
David Fruitman, Regional Competition Counsel/Senior Consultant, DFDL, Phnom Penh
Charles Coorey, Gilbert + Tobin, Sydney
Corinne Chew, Drew & Napier, Singapore

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:
Jon Leibowitz, Davis Polk & Wardwell, Washington, DC

Speakers:
Philip Williams, Frontier Economics, Melbourne
Kala Anandarajah, PBM, Rajah & Tann, Singapore

15.00: Coffee break

15.25: Unfair competition in the internet economy

This panel session discusses recent regulatory developments with regard to unfair 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

Speakers:
Michael Schaper, Deputy Chairman, Australian Competition & Consumer Commission (ACCC), Canberra
Sean Sinsung Yun, Yoon & Yang, Seoul
Ninette Dodoo, Freshfields Bruckhaus Deringer, Beijing
Uber -
confirmed

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

Speakers:
Jindrich Kloub, Executive Director of Operations, Competition Commission, Hong Kong
Kazuo Oya, Senior Planning Officer, International Affairs Division, Japan Fair Trade Commission (JFTC), Tokyo

10.50: Coffee break        

11.15: The role of algorithms: Cartel investigations in the era of artificial intelligence 

Algorithms can be designed to monitor competitor prices, adjust prices, signal prices, 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 recognize collusions through algorithms?

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

Moderator:
Alastair Mordaunt, Freshfields Bruckhaus Deringer, Hong Kong

Speakers:
Atsushi Yamada, Anderson Mori & Tomotsune, Tokyo
Greg Houston, HoustonKemp, Sydney

12.45: Chairs' closing remarks

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

13.00: 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 26/01/18
Early £575 23/02/18
Standard £850  10/03/18

 

In-house/governmental
Type Price
Standard Complimentary