24th-28th June 2019
24th-28th June 2019
1st EU-ASEAN Competition Week
The 1st EU-ASEAN Competition Week took place in Kuala Lumpur, Malaysia from 24th to 28th June 2019. The Competition Week hosted by the Malaysia Competition Commission was the first in a series of annual dialogues on competition policy and enforcement between the two regional networks. It provided an opportunity for the European Commission Directorate-General for Competition (DG Competition), the ASEAN Secretariat and the ASEAN Member States Competition Authorities to advance their technical cooperation and exchanges.
Officials from DG Competition, the ASEAN Secretariat and the ASEAN Member States were on this occasion joined by officials from the Bundeskartellamt (the German Competition Authority), the Danish Competition and Consumer Authority and the Competition Council of the Republic of Lithuania, as well as various local representatives from the Malaysian government and businesses.
The Competition Week provided a forum for both sides to address priorities and challenges in the field of competition policy. Experts engaged in detailed technical discussions on a broad range of topics, including merger review, state intervention, procedural fairness, competition challenges in the digital economy and regional competition enforcement networks. The roundtable discussions allowed for constructive exchanges on practical experiences with cases and enforcement of competition law and policy in the EU and the ASEAN Member States.
EU-ASEAN Competition Weeks will take place annually, allowing officials from DG Competition and their counterparts in the ASEAN Member States to engage in a dialogue to enhance cooperation and transparency in the field of competition. The Competition Weeks will be hosted by a different ASEAN Member State Competition Authority each year.
AGENDA
TBC
Monday 24 June 2019
Mergers: Planning in Merger Cases, Developing Theories of Harm and Evidence Gathering
08:45-09:00: Registration
09:00-9:30: Opening remarks
Dato’ Seri Mohd Hishamudin Md Yunus, Chairman, Malaysia Competition Commission
Mr Torben TOFT, Senior Expert, Directorate General for Competition, European Commission
Ms. Sarah FIRDAUS, ASEAN Secretariat
09:30-12:30: Session I – Planning and running a merger investigation
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Merger analysis – a brief overview
- Importance of a merger investigation plan,
- Scoping initial work
- Identifying sources of evidence
- Establishing/updating tasks and timeline
- Communication with participants
- Timing
- Procedural rules concerning the notification of concentration
Presentations by:
- Ms Maria ROSSMANN, Special Adviser, Danish Competition and Consumer Authority
- Mr Oilie S. Haulo, Attorney IV, Philippine Competition Commission
Comments by:
- Professor Dr Stephan SIMON Senior Expert Mergers/Case Manager Services Industries, Directorate-General for Competition, European Commission
- Ms Ieva JAKUBAVIČIENĖ, Deputy Head of Mergers, Lithuanian Competition Council
Discussion and Q&A Session
12:30-14:00: Lunch
14:00-17:00: Session II –Theories of harm and developing reliable evidence
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Main theories of harm in merger control
- Identifying the types of information necessary to assess the merger
- Identifying relevant and reliable sources of evidence
- Tools available to gather evidence and applying them in practice
Presentations by:
- Ms Ieva JAKUBAVIČIENĖ, Deputy Head of Mergers, Lithuanian Competition Council
- Ms Maria ROSSMANN, Special Adviser, Danish Competition and Consumer Authority
Comments by:
- Professor Dr Stephan SIMON Senior Expert Mergers/ Case Manager Services Industries, Directorate-General for Competition, European Commission
Discussion and role-play/hypothetical case study
Tuesday 25 June 2019
Mergers: Analytical Framework for Merger Review & Determining and Applying Remedies
08:45-09:00: Registration
09:00-12:30: Session III – The analytical framework for merger assessment
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Essential steps including defining the relevant market, unilateral and coordinated effects, barriers to entry and other competitive factors
- Assessing the evidence
- Assessing efficiencies
- Qualitative and quantitative techniques
- Incorporating economic analysis into the structural analysis of mergers
Presentation by:
- Professor Dr Stephan SIMON Senior Expert Mergers/ Case Manager Services Industries, Directorate-General for Competition, European Commission
Comments by:
- Ms Maria ROSSMANN, Special Adviser, Danish Competition and Consumer Authority
- Ms Ieva JAKUBAVIČIENĖ, Deputy Head of Mergers, Lithuanian Competition Council
Discussion and role-play/hypothetical case study
12:30-14:00: Lunch
14:00-17:00: Session IV – Determining and applying appropriate remedies
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- The objectives of merger remedies
- Types of remedies and their purpose
- Remedy negotiation – when should remedies be proposed by the parties or considered by the competition agency?
- Relevant considerations in selecting remedies
- Implementing merger remedies – the role of monitoring trustees
Presentations by:
- Professor Dr Stephan SIMON Senior Expert Mergers/ Case Manager Services Industries, Directorate-General for Competition, European Commission
- Ms Ieva JAKUBAVIČIENĖ, Deputy Head of Mergers, Lithuanian Competition Council
- Mr NG Jia Le, Senior Competition Analyst, Business and Economics Division, Competition and Consumer Commission of Singapore
Comments by:
- Ms Maria ROSSMANN, Special Adviser, Danish Competition and Consumer Authority
Discussion and role-play/hypothetical case study
Wednesday 26 June 2019
Competition and State intervention in markets; competition enforcement in regional networks
08:45-09:00: Registration
09:00-12:00: Session I – Monitoring and evaluating State interventions in markets
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Objectives
- Types of intervention: state aid and subsidies
- Possible adverse effects
- How should they be controlled?
- Profiteering & Market Control
- Striking the right balance between competition and the relevant regulation
- Pro cartel/ pro monopoly policies and regulations
Presentations by
- Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission
- Mr Iskandar ISMAIL, Chief Executive Officer, Malaysia Competition Commission
- Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Discussion and Q&A session
12:00-13:30: Lunch
13:30-17:00: Session II – Competition enforcement cooperation within regional networks – the EU and ASEAN experiences
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- ECN practices and procedures
- ASEAN Competition Enforcers Network
- Nordic Competition Cooperation Agreement – practices and procedures
Presentations by:
- Mr Michael ALBERS, former Hearing Officer, Directorate-General for Competition, European Commission
- Ms Maria ROSSMANN, Special Adviser, Danish Competition and Consumer Authority
- Ms Cindy CHANG, Principal Legal Counsel, Legal and Enforcement Division, Competition and Consumer Commission of Singapore
Discussion and Q&A session
Thursday 27 June 2019
Ensuring procedural fairness in competition law enforcement
08:45-09:00: Registration
09:00-12:00: Session I– Principles of Procedural Fairness & Transparency
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Importance & benefits to the agency
- Key themes
- Examples of initiatives implemented by competition agencies
Presentations by:
- Mr Michael ALBERS, former Hearing Officer, Directorate-General for Competition, European Commission
- Mr Antonio CAPOBIANCO, Acting Head, Competition Division, Organisation for Economic Cooperation and Development
Discussion and Q&A session
12:00-13:30: Lunch
13:30-17:00: Session II – Procedural Fairness & Transparency at Different Stages of the Investigation & Decision-Making Process
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Evidence gathering, procedural rights, timeframes, access to information vs confidentiality
- Judicial review
- Transparency in policy, practice and procedures, decisions
- Checks and balances
- Institutional design
Presentations by:
- Mr Michael ALBERS, former Hearing Officer, Directorate-General for Competition, European Commission
- Mr Antonio CAPOBIANCO, Acting Head, Competition Division, Organisation for Economic Cooperation and Development
- Ahmad Ismail Illman MOHD RAZALI, Assistant Director, Investigation and Enforcement Division, Malaysia Competition Commission
Discussion and Q&A session
Friday 28 June 2019
Competition law issues in the digital economy: EU and ASEAN perspectives
08:45-09:00: Registration
09:00-09:30: Opening remarks
Datuk Seri Saifuddin Nasution bin Ismail, Minister of Domestic Trade and Consumer Affairs
Carl-Henrik Hall, Head of Political Affairs, Press and Information, Delegation of the European Union to Malaysia
09:30-11:00: Session I – Competition law challenges in the digital economy
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Key features of the new online environment
- Policy responses
- New applications of old problems:
- concentrated markets with big players;
- big players active in neighbouring markets
- multi-sided markets/platforms
- Challenges specific to digital markets:
- competitive impact of ownership of big data by a small number of firms
- dealing with mergers and takeovers in digital markets
Panel discussion with:
- Mr Antonio CAPOBIANCO, Acting Head, Competition Division, Organisation for Economic Cooperation and Development
- Mr Sandro GLEAVE, Case Officer, 6th Decision Division, German Federal Cartel Office (Bundeskartellamt)
- Mr Arunan KUMARAN, Senior Principal Assistant Director, Ministry of Domestic Trade and Consumer Affairs, Malaysia
- Ms Chuah Hooi Bien, Head of Legal, Lazada
Q&A session (15 mins)
11:0-11:30: Tea break
11:30 – 13:00: Session II – Enforcement action and policy in the digital economy
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Overview and reflections on recent cases in multisided markets, mergers in the digital economy and big data cases
- Enforcement challenges – e.g. assessing harm to potential competition
- Procedural challenges – e.g. too few cases? cases taking too long?
- How to preserve digital innovation
- Are other policy interventions required?
Panel discussion with:
- Professor Dr Stephan SIMON, Senior Expert Mergers/ Case Manager Services Industries, Directorate-General for Competition, European Commission
- Mr Sandro GLEAVE, Case Officer, 6th Decision Division, German Federal Cartel Office (Bundeskartellamt)
- Mr Zairan ISHAK, Acting Director, Investigation and Enforcement Division, Malaysia Competition Commission
- Mr Antonio CAPOBIANCO, Acting Head, Competition Division, Organisation for Economic Cooperation and Development
- Krisda PIAMPONGSANT, Vice Chairperson, Office of Trade Competition Commission, Thailand
Q&A session (15 mins)
13:00-14:30: Lunch
14:30-17:00: Session III – Online vertical restraints: analysis and enforcement
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- The logic of vertical restraints and their impact
- Types of online price and non-price restraints
- Resale price maintenance in the digital world
- Legal and economic framework for analysis
Presentations by:
- Professor Dr Stephan SIMON Senior Expert Mergers/ Case Manager Services Industries, Directorate-General for Competition, European Commission
- Mr Sandro GLEAVE, Case Officer, 6th Decision Division, German Federal Cartel Office (Bundeskartellamt)
- Ms Dhaniah AHMAD, Partner, Shook Lin & Bok
Discussion and Q&A session
17:00 – 17:15: Closing remarks
Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission
Mr Iskandar ISMAIL, Chief Executive Officer, Malaysia Competition Commission
Ms. Sarah FIRDAUS, ASEAN Secretariat
PRESENTATIONS
Day 1 - 24 June 2019
1st EU-ASEAN Competition Week, day 1, 24 June 2019
| wdt_ID | Title | Type | Source | Year | Region | Link |
|---|---|---|---|---|---|---|
| 1 | Day 1: Mergers – Planning in Merger Cases, Developing Theories of Harm and Evidence Gathering | Agenda | Competition Cooperation | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/1st-EU-ASEAN-CW-Agenda-Day-1.pdf |
| 2 | Session I - Planning and running a merger investigation, Ms Maria ROSSMANN, Danish Competition and Consumer Authority | PPT | Danish Competition and Consumer Authority | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-1-Session-1-Maria-Rossmann.pdf |
| 3 | Session I - Merger Review in the Philippines, Mr Oilie S. Haulo, Philippine Competition Commission | PPT | Philippine Competition Commission | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-1-Session-1-Oilie-S.-Haulo.pdf |
| 4 | Session II - Merger Evaluation: Theories of Harm, Ms Ieva Jakubaviciene, Lithuanian Competition Council | PPT | Lithuanian Competition Council | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-1-Session-2-Ieva-Jakubaviciene.pdf |
| 5 | Session II - Developing reliable evidence, Ms Maria ROSSMANN, Danish Competition and Consumer Authority | PPT | Danish Competition and Consumer Authority | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-1-Session-2-Maria-Rossmann.pdf |
| Title | Type | Source | Year | Region | Link |
Day 2 - 25 June 2019
1st EU-ASEAN Competition Week, day 2, 25 June 2019
| wdt_ID | Title | Type | Source | Year | Region | Link |
|---|---|---|---|---|---|---|
| 1 | Day 2: Mergers – Analytical Framework for Merger Review & Determining and Applying Remedies | Agenda | Competition Cooperation | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/1st-EU-ASEAN-CW-Agenda-Day-2.pdf |
| 2 | Session I - The analytical framework for assessing mergers, Professor Dr Stephan SIMON , DG COMP | PPT | DG COMP | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-2-Session-1-Stephan-Simon.pdf |
| 3 | Session II - Remedies in EU Merger Review Proceedings, Professor Dr Stephan SIMON , DG COMP | PPT | DG COMP | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-2-Session-2-Stephan-Simon.pdf |
| 4 | Session II - Mergers Remedies/Commitments, Ms Ieva Jakubaviciene, Lithuanian Competition Council | PPT | Lithuanian Competition Council | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-2-Session-2-Ieva-Jakubaviciene.pdf |
| 6 | Session II - Determining & Applying Appropriate Remedies, Mr NG Jia Le, Competition and Consumer Commission of Singapore | PPT | Competition and Consumer Commission of Singapore | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-2-Session-2-Jia-Le-NG.pdf |
| Title | Type | Source | Year | Region | Link |
Day 3 - 26 June 2019
1st EU-ASEAN Competition Week, day 3, 26 June 2019
| wdt_ID | Title | Type | Source | Year | Region | Link |
|---|---|---|---|---|---|---|
| 1 | Day 3: Competition and State intervention in markets; competition enforcement in regional networks | Agenda | Competition Cooperation | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/1st-EU-ASEAN-CW-Agenda-Day-3.pdf |
| 2 | Session I - EU State aid control, Mr Torben TOFT, DG COMP | PPT | DG COMP | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-3-Session-1-Torben-Toft.pdf |
| 3 | Session I - Government interventions in markets; Challenges for competition agencies, Ms Hilary JENNINGS, Competition Cooperation Project | PPT | Competition Cooperation | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-3-Session-1-Hilary-Jennings.pdf |
| 4 | Session I - Monitoring and Evaluating State Intervention in the Market: The Malaysian Experience, Mr Iskandar ISMAIL, Malaysian Competition Commission | PPT | Malaysian Competition Commission | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-3-Session-1-Iskandar-Ismail.pdf |
| 5 | Session II - COMPETITION ENFORCEMENT CO-OPERATION WITHIN REGIONAL NETWORKS – THE EU EXPERIENCE, Mr Michael Albers, DG COMP | PPT | DG COMP | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-3-session-2-Michal-Albers.pdf |
| 6 | Session II - ECN from a Member State's perspective, Maria ROSSMANN, Danish Competition and Consumer Authority | PPT | Danish Competition and Consumer Authority | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-3-session-2-Maria-Rossmann-1.pdf |
| 7 | Session II - Nordic Competition Co-operation, Maria ROSSMANN, Danish Competition and Consumer Authority | PPT | Danish Competition and Consumer Authority | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-3-session-2-Maria-Rossmann-2.pdf |
| 8 | Session II - Competition Enforcement Cooperation within Regional Networks - The ASEAN Experience, Ms Cindy CHANG, Competition and Consumer Commission of Singapore | PPT | Competition and Consumer Commission of Singapore | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-3-Session-2-Cindy-Chang.pdf |
| Title | Type | Source | Year | Region | Link |
Day 4 - 27 June 2019
1st EU-ASEAN Competition Week, day 4, 27 June 2019
| wdt_ID | Title | Type | Source | Year | Region | Link |
|---|---|---|---|---|---|---|
| 1 | Day 4: Ensuring procedural fairness in competition law enforcement | Agenda | Competition Cooperation | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/1st-EU-ASEAN-CW-Agenda-Day-4.pdf |
| 2 | Session I - PROCEDURAL FAIRNESS & TRANSPARENCY, Mr Michael Albers, DG COMP | PPT | DG COMP | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-4-Session-1-Michael-Albers.pdf |
| 3 | Session I - PROCEDURAL FAIRNESS AND TRANSPARENCY: DEFINITIONS, BENEFITS AND INSTITUTIONAL DESIGN, Mr Antonio Capobianco, OECD | PPT | OECD | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-4-Session-1-Antonio-Capobianco.pdf |
| 4 | Session II -PROCEDURAL FAIRNESS & TRANSPARENCY AT DIFFERENT STAGES OF THE INVESTIGATION & DECISION-MAKING PROCESS, Mr Michael Albers, DG COMP | PPT | DG COMP | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-4-Session-2-Michael-Albers.pdf |
| 8 | Session II - PROCEDURAL FAIRNESS AND TRANSPARENCY: PROCEDURAL FAIRNESS IN INVESTIGATIVE PROCEEDINGS, Mr Antonio Capobianco, OECD | PPT | OECD | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-4-Session-2-Antonio-Capobianco.pdf |
| 9 | Session II - Procedural Fairness & Transparency at Different Stages of the Investigation & Decision Making Process, Mr Ahmad Ismail Illman MOHD RAZALI, Malaysian Competition Commission | PPT | Malaysian Competition Commission | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-4-Session-2-Ahmad-Ismail-Illman.pdf |
| Title | Type | Source | Year | Region | Link |
Day 5 - 28 June 2019
1st EU-ASEAN Competition Week, day 5, 28 June 2019
| wdt_ID | Title | Type | Source | Year | Region | Link |
|---|---|---|---|---|---|---|
| 1 | Day 5: Competition law issues in the digital economy: EU and ASEAN perspectives | Agenda | Competition Cooperation | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/1st-EU-ASEAN-CW-Agenda-Day-5.pdf |
| 2 | Session III - Vertical Restraints, Professor Dr Stephan SIMON , DG COMP | PPT | DG COMP | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-5-Session-3-Stephan-Simon.pdf |
| 3 | Session III - Online Vertical Restraints, Mr Sandro GLEAVE, Bundeskartellamt | PPT | Bundeskartellamt | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-5-Session-3-Sandro-Gleave.pdf |
| 5 | Session III - Online Vertical Restraints: Analysis and Enforcement, Ms Dhaniah Ahmad, Shook Lin & Bok | PPT | Shook Lin & Bok | 2019 | EU, ASEAN | https://asia.competitioncooperation.eu/wp-content/uploads/2019/07/Day-5-Session-3-Dhaniah-Ahmad.pdf |
| Title | Type | Source | Year | Region | Link |