GCR Live are proud to host this day and half event on Thursday - Friday, 7 - 8 March 2019 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 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.

Programme

Thursday 7 March

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

An update on enforcement policies from regulators across the ASEAN region

11.00: Coffee break

11.30: Merger notification, gun-jumping and negotiating commitments and remedies 

  • Mandatory merger notification systems: what constitutes gun-jumping?
  • How far can transaction parties progress in combining their operations before they will be deemed to have jumped the gun?
  • What practical issues have practitioners encountered in negotiating commitments and remedies in merger notifications?
  • To what extent are regulators prepared to accept behavioural commitments? What are the factors considered?
  • What are the difficulties in monitoring behavioural commitments?
  • What difficulties do merger parties face in complying with structural remedies such as divestment of a business?

12.45: Networking lunch kindly hosted by Drew & Napier

13.45: Cartels leniency applications and cross-border enforcement

 (a)      Considerations in applying for leniency

  • What are the practical difficulties in handling multi-jurisdiction leniency filings, for example, timing of filing, different requirements and timelines, extent of waivers provided to competition authorities to exchange information or conduct joint investigations?
  • Follow-on private litigation: to what extent are documents provided to authorities in leniency applications discoverable in private litigation? How does this and admitting to infringing competition law impact on a decision to seek leniency? How do competition authorities incentivise whistle-blowing in recognising that potential applicants may be reluctant to come forward at risk of exposure to follow-on action?
  • In countries where criminal penalties may be imposed on individuals who engage in cartel activities, where leniency programmes do not afford immunity to employees, the employee’s interests may diverge from that of the company. How should such cases be handled? Should leniency programmes provide immunity to employees of companies who seek leniency?

(b) Cross-border enforcement  

  • Practical issues in handling cross-border cartel investigations
  • Differences in recognition of legal privileged documents and access to documents
  • From a regulator’s perspective: how far are competition authorities influenced by decisions and timelines of other competition authorities in investigating a cartel?
  • To what degree do competition authorities collaborate in cross-border cartel investigations?

15:00 Coffee break

15.25: Dominance: Enforcing against harm to competition or pursuing a populist agenda?

  • To what degree has competition law been used as a means to pursue a populist agenda, for example, using abuse of dominance provisions to penalise dominant enterprises for privacy issues or the collection of personal data where other laws are not able to address data concerns? What are the dangers of such approaches?
  • Excessive pricing cases: do populist sentiments guide considerations in excessive pricing cases? How relevant is consumer opinion in considering whether prices are excessive or exploitative? Should consumer opinion be considered in deciding whether prices are excessive or exploitative?
  • Social media networks, search engines, shopping platforms, payment systems, etc. acquire a large amount of consumer habits and spending data. Should competing firms be provided access to such data collected?

16.35: Chairs' closing remarks

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

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

 

Friday 8 March

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 roundtable

An update on antitrust enforcement policies and activities, including:

  • Case sharing
  • Regulating non-price related vertical restraints
  • International cooperation
  • Enforcement priorities for 2019

10.50: Coffee break 

11.15:  Technology segment: Policing the conglomerate

  • Competition regulation is increasingly more complex and difficult with the growth of internet conglomerates offering a wide variety of products and services. This brings to the fore possible concerns from tying and bundling, leveraging, margin-squeezing and restriction of supply. How real are these concerns and how should these concerns be dealt with if so?
  • Complex technology mergers:  merger assessments are growing increasingly more complex with increased portfolio power and network effects in conglomerate/vertical technology mergers. Are traditional merger assessment tools and guidance adequate?
  • How have competition authorities harnessed the use of AI to police the digital economy?

12.25: Chairs' closing remarks

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

12.35: Close of conference

 

 

Venue

Maxwell Chambers, Singapore

Testimonials

  • "Interestig topics and good networking opportunities", Muhtar Ali, Muhtar Halim & Partners

     

     

  • "Topic choice is good and relevant"

 

Private Practitioner
Type Price Until
Super Early £475 25 Jan
Early £575 22 Feb
Standard £850 8 Mar

 

In-house/governmental
Type Price
Standard Complimentary