2nd EU-ASEAN Competition Week

Monday 8 May 2023

International cooperation in antitrust and mergers; innovation considerations in merger review

08:45-09:00: Registration

09:00-09:10: Welcome and introduction

Ms. Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

09:10-9:30: Opening remarks

• Mr. Maitree Sutapakul, Chairman of the Trade Competition Commission of Thailand (welcoming)
• H.E. Mr David Daly, Ambassador of the European Union to Thailand
• Commissioner Marah Victoria S. Querol, ASEAN Experts Group on Competition (AEGC) Chair

09:30-12:30: Session I – International cooperation in antitrust and merger review

Session moderator: Mr. Akarapon Houbcharaun, Ph.D., Director of Foreign Affairs Division, Trade Competition Commission of Thailand

Overview:

• Types of international cooperation in competition enforcement and the legal basis (bilateral, regional, multilateral)
• Different tools of international cooperation, g., coordination of activities, waivers, contacts between officials
• Practical aspects of international cooperation, g., communication, timing alignment, information sharing
• Cooperation on substance, g., theories of harm, remedies
• Practical experiences with cooperation in cross-border merger review

Presentations by:

• Atty. Lianne Ivy P. Medina, Director of Mergers and Acquisitions Office, Philippine Competition Commission
• Mr. Stephan Simon, Senior Expert, Mergers Case Support and Policy, Directorate General for Competition, European Commission
• Mr. Oh Bo Shun, Legal Counsel of Legal and Enforcement Division, Competition and Consumer Commission Singapore
• Mr. Dao Tuan Dung, Official of Merger Division, the Vietnam Competition Commission

Discussion and Q&A Session

12:10-13:30: Lunch

13:30-16:00: Session II – Innovation considerations in merger review

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Overview:

• Significance of non-price competition factors, g. innovation or quality, in dynamic and rapidly changing industries
• Innovation factors in competition assessment: existing legal frameworks and toolkits
• Innovation theories of harm – a new approach by competition authorities?
• Evidence and measures used in the analysis of innovation competition
• Implications for remedy design

Presentations by:

• Stephan Simon, Senior Expert, Mergers Case Support and Policy, Directorate General for Competition, European Commission
• Commissioner Chandra Setiawan, Indonesia Competition Commission
• Juan Antonio E. Arcilla, Division Chief of Mergers and Acquisitions Office – Notification Division, Philippine Competition Commission
• Representative of TCCT

Discussion and Q&A session

16:00-16:10: Commentary and close of Day 1

Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Tuesday 9 May 2023

Cartel investigations – building an effective case; Competition and State support

09:15-09:30: Registration

09:30-09:40: Overview of Day 2

Ms. Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

09:00-12:30: Session III – Cartel investigation techniques – building an effective cartel case

Moderator: Mr. Stephan Simon, Directorate General for Competition, European Commission

Overview:

• Phases of an investigation – from suspicion to case conclusion
• Different types of investigation tools and when/how they are used
• Investigation strategy
• Evidence review
• Development of the “Statement of Objections”
• Procedural steps at the different stages of the investigation
• Practical challenges, g. volume of information, coordination of inspections, electronic devices
• Managing cases in practice

Presentations by:

• Ms Devi Wyns, Senior Cartel Expert, Belgian Competition Authority
• Mr. Richardo Frans Adiatma, Senior Investigator of Directorate of Investigation, Indonesia Competition Commission
• Ms. Siti Nurhafiza Zakaria, Assistant Director of Investigation and Enforcement Division, the Malaysia Competition Commission
• Mr. Le Thai Anh, Investigation Agency for competition cases, the Vietnam Competition Commission

Discussion and Q&A Session

11:55-13:15: Lunch

14:00-17:00: Session IV – Competition and State support – with a focus on subsidy control and competitive neutrality principles

Moderator: Mr. Karnrapee Phollit, Foreign Affairs Officer, Trade Competition Commission of Thailand

Overview:

• Introduction to EU’s State aid regime, including rationale, principles and the implementation of EU State aid control rules
• Practical examples of EU State aid cases
• Competition authority experiences with applying competition law and policy to SOEs
• Experiences of competition authorities with frameworks to promote a level playing field between SOEs and private entities

 Presentations by:

• Ms. Graça Da Costa, EU State aid law and policy adviser (former DG COMP Senior Expert)
• Mr. Benjamin E. Radoc Jr., Ph.D., Director of Economics Office, Philippine Competition Commission
• Mr. Nattapol Pourprasert, Ph.D., Acting Director of Competition Policy and Coordination Division, Trade Competition Commission of Thailand

Discussion and Q&A Session

15:30-15:40: Conclusions

Ms. Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

15:40-15:50: Closing remarks

Mr. Stephan Simon, Directorate General for Competition, European Commission

Asst.Prof.Visanu Vongsinsirikul, Ph.D, Secretary-General, Trade Competition Commission of Thailand (TCCT)