16th EU-China Competition Week
12-16 March 2018
T he 16th EU-China Competition Week took place between 12th and 16th March 2018 in Beijing, China. The Competition Week gathered officials from the Chinese Anti-Monopoly Agencies (AMEAs) and the European Commission. These officials were joined by the President of the General Court of the European Union and a high level judge to initiate a dialogue with their counterparts in the Supreme People’s Court.
The week-long event covered a wide range of topics, including the application of competition law to big data and the sharing economy, merger review in the liner shipping industry, the revision of the anti-monopoly law, state aid control, exclusive distribution agreements, economic evidence before the court and resolving cases before the court. The roundtable discussions gave Chinese and European officials the opportunity to discuss their practical experience.
Competition Weeks take place biannually in March and October, when high level officials from the Ministry of Finance and Commerce (MOFCOM), the National Development and Reform Commission (NDRC), the State Administration for Industry and Commerce (SAIC) and the European Commission Directorate-General for Competition (DG Competition) engage in a dialogue on competition policy and competition law.
The 16th EU-China Competition Week demonstrates continued dialogue and readiness to develop closer cooperation on the enforcement of the respective competition laws in the fields of antitrust, mergers and State aid enforcement.
Schedule
Roundtable to discuss merger review in the liner shipping sector and the application of competition law to Big Data and the sharing economy
08:45-09:00: Registration
09:00-09:15: Opening remarks
- WU Zhenguo, Director General, Anti-Monopoly Bureau, Ministry of Commerce
- Mr Torben TOFT, Senior Expert, Directorate General for Competition, European Commission, Brussels
09:15-12:00: Session I – Merger review in the liner shipping sector
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EU-China Competition Co-operation
Overview:
- Trends in the sector: economies of scale and larger vessels, changes to the regulatory framework, consolidation with more integrated consortia and alliances, horizontal consolidation through mergers
- Market definition in the sector
- Impact of conferences, consortia and strategic alliance networks on competition, notably assessment of coordinated effects
Presentations by
- Mr Henrik MØRCH, Director Markets and cases: Transport, post and other services, DG Competition, Brussels
- Professor Dr. Stephan SIMON, Senior Expert Mergers/ Case Manager Services Industries, DG Competition, Brussels
- XIE Lin, Anti-Monopoly Bureau, Ministry of Commerce
Q&A Session with all speakers and experts
12:00-13:30: Lunch
13:30-16:45: Session II – Application of competition law to Big Data and the sharing economy
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EU-China Competition Co-operation
Overview:
- Characteristics of Big Data and the sharing economy
- Big Data: framework for the assessment of big data issues
- The sharing economy: framework for assessment; evaluating dynamic competition; balance between innovation and consumer welfare; if disruptors escape scrutiny under existing turnover thresholds – what then?; the potential for vertical integration and leveraging; network effects and platform dominance; suitability of traditional laws and tools and impact on ex ante control versus ex post supervision
Presentations by
- Professor Dr. Stephan SIMON, Senior Expert Mergers/ Case Manager Services Industries, DG Competition, Brussels
- CHENG Ranran, Anti-Monopoly Bureau, Ministry of Commerce
- WANG Lile, Anti-Monopoly Bureau, Ministry of Commerce
Roundtable discussion and Q&A session with all speakers and experts
16:45 – 17:00: Closing remarks
- WU Zhenguo, Director General, Anti-Monopoly Bureau, Ministry of Commerce
- Mr Torben TOFT, Senior Expert, Directorate General for Competition, European Commission
Roundtable to discuss the Anti-Monopoly Law and the issues at the frontier of competition policy
08:45-09:00: Registration
09:00-09:15: Opening remarks
- MOFCOM Representative
- Mr Torben TOFT, Senior Expert, Directorate General for Competition, Brussels
09:15-12:00: Session I – Are competition laws fit for the digital age?
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EU-China Competition Co-operation
Overview
- The suitability of existing tools and techniques for dealing with new-economy business practices and disruption innovation
- Practical challenges to competition enforcement
- Enforcement and regulatory responses
Presentations by
- Antonio CAPOBIANCO, Senior Competition Expert, Competition Division, OECD
- XIE Lin, Anti-Monopoly Bureau, Ministry of Commerce
- ZHOU Zhigao, Bureau of Price Supervision and Anti-Monopoly, National Development and Reform Commission
Discussion and commentary by
- Judge Savvas S. PAPASAVVAS, General Court of the European Union
Q&A Session with all speakers and experts
12:00-13:30: Lunch
13:30-16:45: Session II – Legal liability in anti-monopoly cases
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EU-China Competition Co-operation
Overview
- Calculating the fine – defining “previous year” and “revenue”
- Calculating fines for failure to notify and liability for failure to notify mergers
- Sanctions for failure to comply
Presentations by
- ZHAO Lili, Anti-Monopoly Bureau, Ministry of Commerce
- ZHANG Zhengming, Bureau of Price Supervision and Anti-Monopoly, National Development and Reform Commission
- SHI Nan, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce
Roundtable discussion and Q&A session with all speakers and experts
Q&A session with all speakers and experts
16:45 – 17:00: Closing remarks
- MOFCOM Representative
- Mr Torben TOFT, Senior Expert, Directorate General for Competition, European Commission
Roundtable to discuss the Fair Competition Review System and State aid control
08:45-09:00: Registration
09:00-09:15: Opening remarks
- ZHANG Handong, Director General, Bureau of Price Supervision and Anti-Monopoly, National Development and Reform Commission
- Mr Torben TOFT, Senior Expert, Directorate General for Competition, Brussels
09:15-12:00: Session I – Update on recent EU State aid control cases, including restructuring aid
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EU-China Competition Co-operation
Overview
- Case analysis and exemption rules for State Aid control;
- Explanation that the EU has no penalty measures for the beneficiary enterprises, but simply claws back illegal aid.
Presentation by
- Mr Henrik MØRCH, Director Markets and cases: Transport, post and other services, DG Competition, Brussels
Roundtable discussion and Q&A Session
12:00-13:30: Lunch
13:30-14:15: Keynote speech by President Marc JAEGER, General Court of the European Union
14:15-17:00: Session II – Application of State aid control / FCRS to particular sectors
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EU-China Competition Co-operation
Overview
- How State aid control /FCRS is applied to policies and aid targeted at specific sectors
Presentations by
- Judge Savvas S. PAPASAVVAS, General Court of the European Union (“Judicial control of State aid in the sector of renewable energy”)
- LI Qing, Deputy Director General, Bureau of Price Supervision and Anti-Monopoly, National Development and Reform Commission
Roundtable discussion and Q&A session with all speakers and experts
17:00 – 17:15: Closing remarks
- LI Qing, Deputy Director General, Bureau of Price Supervision and Anti-Monopoly, National Development and Reform Commission
- Mr Torben TOFT, Senior Expert, Directorate General for Competition, European Commission
Roundtable to discuss applying competition law and policy to big data and the sharing economy and exclusive distribution agreements where the distributor has a large market share
08:45-09:00: Registration
09:00-09:15: Opening remarks
- YANG Hongcan, Director General, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce
- Mr Torben TOFT, Senior Expert, Directorate General for Competition, Brussels
09:15-12:45: Session I – Application of competition law and policy to big data and the sharing economy
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EU-China Competition Co-operation
Overview:
- The relationship between competition law, innovation and new digital business models
- Characteristics of these markets
- What competition issues do these models raise?
- Types of regulatory and enforcement approaches – challenges and options
Presentations by
- Mr Antonio CAPOBIANCO, Senior Competition Expert, Competition Division, OECD
- Professor Dr. Stephan SIMON, Senior Expert Mergers/ Case Manager Services Industries, DG Competition, Brussels
- YIN Jie, Deputy Director, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce
Q&A Session with all speakers and experts
12:45-14:15: Lunch
14:15-17:00: Session II – Exclusive distribution agreements – when the distributor has a large market share.
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EU-China Competition Co-operation
Overview
- Competition assessment of exclusive distribution agreements
- Application of the Vertical Block Exemption
- Vertical guidelines
Presentations by
- ZHAO Guobin, Director, Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau, State Administration for Industry and Commerce
- Professor Dr. Stephan SIMON, Senior Expert Mergers/ Case Manager Services Industries, DG Competition, Brussels
Discussion and commentary by:
- Mr Antonio CAPOBIANCO, Senior Competition Expert, Competition Division, OECD
Roundtable discussion and Q&A session with all speakers and experts
17:00 – 17:15: Closing remarks
- CHEN Zhuo, Deputy Director General, International Cooperation Department, State Administration for Industry and Commerce
- Mr Torben TOFT, Senior Expert, Directorate General for Competition, European Commission
Roundtable to discuss the use of economic evidence in antitrust litigation
09:00-09:30: Registration
09:30-09:45: Opening remarks
- GAN Wen, Deputy Director General, Foreign Affairs Bureau of the Supreme People’s Court
- Mr. Marc JAEGER, President, General Court of the European Union
09:45-12:00: Session I – Assessing economic evidence: challenges and solutions
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, EU-China Competition Co-operation
Overview
- Economic issues brought before the judiciary
- The role of economic evidence
- Tools to assess economic evidence: procedural and institutional solutions
- Keys to a successful system
Presentations by
- Marc JAEGER, President, General Court of the European Union
- ZHU Li, Senior Judge, Civil Adjudication Tribunal No.3 of the Supreme People’s Court
Roundtable discussion with all speakers and participants
12:00-14:00: Lunch
14:00-17:00: Session II – Resolving actual cases before the courts
Moderator: Ms TONG Shu, Judge, Civil Adjudication Tribunal No.3 of the Supreme People’s Court
Overview
- Development of good practices through principles and methods: e.g. identify boundary of expertise and of available information; expert discussions and extent of disclosure; “testing” the expert
- Case studies
Presentations by
- Savvas S. PAPASAVVAS, Judge, General Court of the European Union
- HUANG Weiming, Senior Judge, Administrative Adjudication Tribunal of the Guangdong Provincial Higher People’s Court
Roundtable discussion with all speakers and participants
16:45 – 17:00: Closing remarks
- Marc JAEGER, President, General Court of the European Union
- Mr. ZHU Li, Senior Judge, Civil Adjudication Tribunal No.3 of the Supreme People’s Court
