4th EU-Japan Competition Week

Tuesday 6 June 2023

Digital evidence gathering – techniques and initiatives

09:45-10:00 Opening remarks

• Ms Toshiko IGARASHI, Director, International Affairs Division, Secretariat, General Secretariat, Japan Fair Trade Commission
• Mr Torben TOFT, Senior Expert, International Relations Directorate-General for Competition, European Commission, Brussels
• Mr Jacek KOZAK, Counsellor, Trade Section, Delegation of the European Union to Japan

10:00 -11:10 Session I: Digital evidence gathering – techniques and initiatives

This session will explore experiences and challenges with digital evidence gathering and analysis. This will include an exchange of experiences on the range of tools and resources currently deployed by DG COMP and the JFTC, as well as steps to improve capabilities and keep up to date with technological developments. The session will also consider tools and methods used in the analysis of digital evidence.

• DG COMP’s perspective
• The JFTC’s perspective

Discussion session and Q&A

Wednesday 7 June 2023

Assessment of sustainability agreements in the EU and Japan; recent initiatives in merger control in the EU and Japan

09:05-10:15 Session I – Assessing sustainability agreements: DG COMP and JFTC perspectives

• DG COMP’s perspective

This session will focus on the assessment of sustainability benefits in the analysis of agreements under Article 101(3), as set out in the EC’s draft revised Horizontal Guidelines. This will consider the four cumulative conditions for exemption under Article 101(3) and their practical implications, as well as next steps in the process of the revision of the guidelines.

• JFTC’s perspective

This session will focus on the JFTC’s Green Guidelines and their scope, which includes horizontal agreements, as well as vertical restraints, abuse of superior bargaining position and mergers. The session will also consider the implications of the Guidelines for antitrust enforcement, and how it will work in practical terms, including e.g. informal consultations with JFTC.

Discussion and Q&A session

10:25 -11:35 Session II – Current initiatives in merger policy  – DG COMP and JFTC perspectives

This session will focus on the background and rationale for recent initiatives in merger control policy. This includes the implications of draft revision to the market definition Notice, as well as the revision of merger control procedural rules.

• DG COMP’s experience

This session will discuss the JFTC’s experience with its revised guidelines on merger review, in particular the practical impact of clarifications relating to the digital economy as they have been applied to recent merger review, as well as the newly introduced thresholds.

• The JFTC’s experience

Discussion session and Q&A

Thursday 8 June 2023

Digital update: Implementation of the EU’s DMA and JFTC’s market study on mobile OS and app distribution markets

09:05-11:05 Session I – Implementation of the EU’s DMA and JFTC’s market study on mobile OS and app distribution markets

This session will discuss progress and developments in the implementation of the EU’s Digital Markets Act (DMA), including the interpretation of key provisions (and points of contention identified with stakeholders) and compliance issues, as well as the process of designation of gatekeepers. It will also focus on institutional and practical arrangements for the enforcement of the DMA.

• DG COMP’s perspective

This session will provide an overview of the JFTC’s market study on mobile OS and app distribution markets. This will focus on the concerns identified, the proposals flowing from the report and next steps, including any potential legislative follow-up.

• JFTC’s perspective

Discussion and Q&A session

11:05 -11:15 Closing remarks

• Ms Toshiko IGARASHI, Director, International Affairs Division, Secretariat, General Secretariat, Japan Fair Trade Commission
• Mr Torben TOFT, Senior Expert, International Relations Directorate-General for Competition, European Commission