Coverage

Pre-merger notification and more awaited in Indonesia

Pre-merger notification and more awaited in Indonesia

07 March 2019

Indonesia’s competition enforcer hopes to gain jurisdiction over foreign companies, a leniency programme, pre-merger notifications and other changes before national elections in April, a senior official at the agency has said.

Grab/Uber highlights need for pre-merger power, Singapore enforcer says

Grab/Uber highlights need for pre-merger power, Singapore enforcer says

07 March 2019

The way that Grab and Uber went about their merger demonstrates a need for greater enforcement power, a top official at Singapore’s competition watchdog has said.

Malaysia seeks to have merger control by year’s end

Malaysia seeks to have merger control by year’s end

07 March 2019

Malaysia’s Competition Commission aims to implement a merger control regime by the end of this year, the authority’s chair has said.

First bid-rigging fines handed down in Malaysia

First bid-rigging fines handed down in Malaysia

07 March 2019

Malaysia’s antitrust watchdog has issued its first bid-rigging infringement decision, fining eight companies a total of €419,635 for colluding in response to tender requests by the country’s only public arts university.

Thai enforcer shops for cases

Thai enforcer shops for cases

11 March 2019

Thailand’s newly-independent competition authority continues to staff up and is looking to enforce the law as well as educate businesses about antitrust rules, a senior official at the agency has said.

Japan considers how to address digital economy

Japan considers how to address digital economy

15 March 2019

The digital economy is a priority for Japan’s Fair Trade Commission, a senior official said last week, as the agency considers how existing laws can address issues raised by online markets.

New ASEAN agencies expect to start enforcement soon

New ASEAN agencies expect to start enforcement soon

18 March 2019

Senior officials at competition authorities in Vietnam, Brunei and Myanmar have said their agencies are building capacity, issuing guidelines and preparing to bring cases.

Chairs

Susan Ning

King & Wood Mallesons, Beijing and Sanya

Ms. Ning holds a Bachelor of Laws from Peking University and a Master in Law from McGill University. She was admitted as a Chinese lawyer in 1988.

Ms. Ning joined King & Wood Mallesons in 1995. She is a partner and the head of the Compliance Group. Ms. Ning’s main areas of practice include cybersecurity and data compliance, and antitrust and competition law. In addition, Ms. Ning also practices international trade and investment law.

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.

Widely acknowledged by peers, clients and rivals as a leading lawyer in the fields of Antitrust, Competition, Regulatory, Telecommunications, Media and Technology, Chong Kin also has experience in advising the sectoral competition regulators on liberalisation matters since 1999, including drafting, implementing and enforcing the competition law framework for the telecom, media and postal sectors.

 

Speakers

Taufik Ariyanto

Head of Legal, PR and Cooperation Bureau, Indonesia’s Commission for the Supervision of Business Competition (KPPU), Jakarta

Amabelle Asuncion

Commissioner, Philippine Competition Commission (PCC), Manila

Swe Swe Aung

Deputy Director General, Legislative Vetting and Advising Department, Union Attorney General's Office, Myanmar

Corinne Chew

Drew & Napier, Singapore

Charles Coorey

Gilbert + Tobin, Sydney

Jessica Delbaum

Shearman & Sterling, New York

Ninette Dodoo

Freshfields Bruckhaus Deringer, Beijing

Tanya Dunne

Deputy General Counsel, Australian Competition & Consumer Commission (ACCC), Melbourne

Sébastien Evrard

Gibson, Dunn & Crutcher, Hong Kong

David Fruitman

Regional Competition Counsel/Senior Consultant, DFDL Phnom Penh

Cheow Han Lee

Assistant Chief Executive, Competition and Consumer Commission of Singapore (CCCS), Singapore

Kazuhiro Hara

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

Harris Ibrahim

Commission Member, Competition Commission of Brunei Darussalam, Bandar Seri Begawan

Iskandar Ismail

Chief Executive Officer, Malaysia Competition Commission (MyCC), Kuala Lumpur

Youngjin Jung

Kim & Chang, Seoul

Jindrich Kloub

Executive Director (Operations), Hong Kong Competition Commission (HKCC), Hong Kong

Adrian Majumdar

RBB Economics, London

Saswata Mukherjee

General Counsel, Unilever, Singapore

Kirstie Nicholson

In-house competition counsel, BHP, Singapore

Krisda Piampongsant

Vice Chairperson, Office of Trade Competition Commission (OTCC), Bangkok

Marcus Pollard

Linklaters, Hong Kong

Le Quang Lan

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

Matthew Readings

Shearman & Sterling, London and Brussels

Shweta Shroff Chopra

Shardul Amarchand Mangaldas & Co, New Delhi

Marc Waha

Norton Rose Fulbright, Hong Kong

Philip Williams

Frontier Economics, Melbourne

Stephen Wu

Lee and Li, Taipei

Elizabeth Xiao-Ru Wang

Compass Lexecon, Boston and Beijing

Mingfang Yang

Official, State Administration for Market Regulation (SAMR), Beijing

Hazel Yin

Freshfields Bruckhaus Deringer, Beijing

Daiske Yoshida

Morrison & Foerster, Tokyo

Programme

Thursday 7 March 2019

8.45: Welcome coffee and registration

9.00: Chair's opening remarks

Chong Kin Lim, Drew & Napier, Singapore

9.15: ASEAN Regulators Roundtable

An update on enforcement policies from regulators across the ASEAN region.

Moderator:
Chong Kin Lim, Drew & Napier, Singapore

Panel:
Taufik Ariyanto, Head of Legal, PR and Cooperation Bureau, Indonesia's Commission for the Supervision of Business Competition (KPPU), Jakarta
Amabelle Asuncion, Commissioner, Philippine Competition Commission (PCC), Manila 
Swe Swe Aung, Deputy Director General, Legislative Vetting and Advising Department, Union Attorney General's Office, Myanmar
Cheow Han Lee, Assistant Chief Executive, Competition and Consumer Commission of Singapore (CCCS), Singapore
Harris Ibrahim, Commission Member, Competition Commission of Brunei Darussalam, Bandar Seri Begawan
Iskandar Ismail, Chief Executive Officer, Malaysia Competition Commission (MyCC), Kuala Lumpur
Le Quang Lan, Deputy Director General, Vietnam Competition and Consumer Authority (VCCA), Hanoi
Krisda Piampongsant, Vice Chairperson, Office of Trade Competition Commission (OTCC), Bangkok

10.45: Coffee break

11.15: 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?

Moderator:
Marc Waha, Norton Rose Fulbright, Hong Kong

Panel:
Sébastien Evrard, Gibson, Dunn & Crutcher, Hong Kong
Saswata Mukherjee, General Counsel, Unilever, Singapore
Kirstie Nicholson, Competition Counsel, BHP, Singapore
Philip Williams, Frontier Economics, Melbourne

12.25: Networking lunch kindly hosted by Drew & Napier

13.25: 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?

Moderator:
Marcus Pollard, Linklaters, Hong Kong

Panel:
Corinne Chew, Drew & Napier, Singapore
Charles Coorey, Gilbert + Tobin, Sydney
Ninette Dodoo, Freshfields Bruckhaus Deringer, Beijing
Matthew Readings, Shearman & Sterling, London and Brussels
Daiske Yoshida, Morrison & Foerster, Tokyo

14.45: Coffee break

15.10: 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?

Moderator:
Youngjin Jung, Kim & Chang, Seoul

Panel:
David Fruitman, Regional Competition Counsel/Senior Consultant, DFDL, Phnom Penh
Adrian Majumdar, RBB Economics, London
Shweta Shroff Chopra, Shardul Amarchand Mandalgas, New Delhi
Stephen Wu, Lee & Li, Taipei

16.20: Chair's closing remarks

Chong Kin Lim, Drew & Napier, Singapore

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

 

Friday 8 March 2019

8.45: Welcome coffee and registration

9.15: Chair's opening remarks

Susan Ning, King & Wood Mallesons, Beijing and Sanya

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

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

Panel:
Kazuhiro Hara, Director, International Affairs Division, Japan Fair Trade Commission (JFTC), Tokyo
Jindrich Kloub, Executive Director (Operations), Hong Kong Competition Commission (HKCC), Hong Kong
Mingfang Yang, Official, State Administration for Market Regulation (SAMR), Beijing

10.45: Coffee break 

11.10:  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?

Moderator:
Jessica Delbaum, Shearman & Sterling, New York

Panel:
Tanya Dunne, Deputy General Counsel, Australian Competition & Consumer Commission (ACCC), Melbourne
Elizabeth Xiao-Ru Wang, Compass Lexecon, Boston and Beijing
Hazel Yin, Freshfields Bruckhaus Deringer, Beijing

12.20: Chair's closing remarks

Susan Ning, King & Wood Mallesons, Beijing and Sanya

12.30: Close of conference

Venue

Maxwell Chambers, 32 Maxwell Rd, #03-01, Singapore 069115

Testimonials

  • "Highly relevant content addressed by enforcers, practicioners, and other export. High practical value and enjoyable!", Gustaaf Reerink, ABNR

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

     

     

 

Private Practitioner
Type Price Until
Super Early £475 25 Jan 2019
Early £575 22 Feb 2019
Standard £850 8 Mar 2019

 

In-house/governmental
Type Price
Standard £0