17th EU-China Competition Week
15-18 October 2018
T he 17th EU-China Competition Week took place between 15th and 18th October 2018 in Beijing, China. The Competition Week marked the beginning of a dialogue between the European Commission Directorate-General for Competition (DG Competition) and the newly established State Administration for Market Regulation (SAMR), specifically the Anti-Monopoly Bureau and the Price Supervision and Anti-Fair Competition Bureau.
The officials from DG Competition and SAMR were joined by officials from the United Kingdom’s Competition and Markets Authority, the European Commission Directorate-General for Justice and Consumers and the EU Delegation to China. A judge from the Supreme People’s Court and experts from academia and competition practice further provided their perspectives during the in-depth discussions on competition law and policy.
The four-day series of roundtable discussions provided a platform for exchange of practical experiences with cases and cooperation on the enforcement of competition law and policy. European and Chinese officials and experts discussed a wide range of topics, including the use of economic tools in merger analysis, remedies in mergers, rebates, Standard Essential Patents, anti-unfair competition law and the application of the Fair Competition Review System and exemptions to State aid.
The Competition Week builds on a longstanding tradition of biannual competition dialogue between the EU and China. EU-China Competition Weeks take place biannually in March and October, when officials from DG Competition and their counterparts in China engage in a dialogue to enhance cooperation and transparency in the field of competition.
Schedule
Mergers: Economic tools, remedies in innovation markets, international coordination on remedies
08:45-09:00: Registration
09:00-09:15: Opening remarks
- Mr ZHANG Guangyuan, Director-General Level Counselor, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
- Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels
09:15-12:00: Session I – The use of economic tools in merger analysis
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- In-house quantitative analysis vs external consultants
- Integrating economists into the decision-making process
- Sources of information and evidence, including interaction with external experts/parties; best practices when submitting economic evidence
- Overview of economic tools and their application
Presentations by
- Mr Hans ZENGER, Economic Analyst, Chief Economist’s Team, Directorate-General for Competition, European Commission, Brussels
- Dr DONG Hongxia, Chief of Division, 3rd Division of Concentration of Undertakings Investigation, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
Discussion and commentary by
- Mr Alistair THOMPSON, Director of Remedies, Business and Financial Analysis, UK Competition and Markets Authority
Roundtable discussion and Q&A session
12:00-13:30: Lunch
13:30-15:00: Session II – Remedies in innovation mergers
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Relevant factors and varying degrees of certainty when dealing with future markets and innovation
- Challenge of designing remedies in fast-evolving markets
- Types of remedy used
- Assessing effects and determining suitability of remedy
Presentations by
- Mr Alistair THOMPSON, Director of Remedies, Business and Financial Analysis, UK Competition and Markets Authority
- Mr Hans ZENGER, Economic Analyst, Chief Economist’s Team, Directorate-General for Competition, European Commission, Brussels
Roundtable discussion and Q&A session with all speakers and experts
- WANG Jiheng, Assistant Consultant, Division of Supervision and Enforcement, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
15:00 – 17:00: Session III – Remedies – International coordination on remedies
Overview:
- Process – e.g. sharing and discussing draft remedies, the appointment of trustees (including the use of common trustees), the evaluation and appointment of buyers, implementation of behavioural remedies
- Avoiding inconsistent obligations
- Overcoming challenges of cross-border remedies through international coordination
- Review clauses – coordinating amendments
Presentations by
- Mr Alistair THOMPSON, Director of Remedies, Business and Financial Analysis, UK Competition and Markets Authority
- WANG Jiheng, Assistant Consultant, Division of Supervision and Enforcement, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
Roundtable discussion and Q&A session
Antitrust: Assessing rebates schemes; SEP-related issues
08:45-09:00: Registration
09:00-12:00: Session I – Assessing rebates in the EU and China
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview
- Addressing the potential anti-competitive threats and pro-competitive benefits of different types of rebates
- Form-based or effect analysis
- Economic assessment – market definition, quantitative and qualitative evidence, role of the AEC test, etc.
- Case discussion of:
- Intel
- Tetra Pak
Presentations by
- Mr Hans ZENGER, Economic Analyst, Chief Economist’s Team, Directorate-General for Competition, European Commission, Brussels
- Mr Alistair THOMPSON, Director of Remedies, Business and Financial Analysis, UK Competition and Markets Authority
Discussion and commentary by
- Ms CHEN Qianting, Principal Staff Member, Division of Abuse Investigation, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
Roundtable discussion and Q&A session
12:00-13:30: Lunch
13:30-15:30: Session I continued
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Presentation by
- Ms CHEN Qianting, Principal Staff Member, Division of Abuse Investigation, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
Discussion and commentary by
- Mr Hans ZENGER, Economic Analyst, Chief Economist’s Team, Directorate-General for Competition, European Commission, Brussels
- Mr Alistair THOMPSON, Director of Remedies, Business and Financial Analysis, UK Competition and Markets Authority
Roundtable discussion and Q&A session
15:30-17:00: Session II – SEP related issues (reasonable royalty, injunction, etc.)
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Presentation by
- Mr ZHENG Chuan, Principal Staff Member, Division of Abuse Investigation, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
Commentary & discussion with experts and Q&A session
17:00 – 17:15: Closing remarks
- Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels
- Mr ZHANG Guangyuan, Director-General Level Counselor, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
Unfair Competition – Unfair Commercial Practices
08:45-09:00: Registration
09:00-09:15: Opening remarks
- LI Qing, Deputy Director General, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
- Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels
- Mr Christoph DECKER, Team Leader – Consumer Enforcement & Redress, Directorate-General for Justice and Consumers, European Commission, Brussels
09:15-12:30: Session I – Anti-unfair competition law in the PRC – principles and legal instruments
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview
- Revision of the Anti-unfair competition law
- Types of practices envisaged – e.g. what is an unfair commercial practice? what is consumer harm?
- Enforcement powers and sanctions – including coherent enforcement across the provinces
- Enforcement policy under the revised Law
Presentation by
- WU Xinkuang, Director, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
Discussion and commentary by
- Judge WANG Yanfang, Supreme People’s Court, PRC
- Professor MENG Yanbei, Renmin University, PRC
- Mr Christoph DECKER, Team Leader – Consumer Enforcement & Redress, Directorate-General for Justice and Consumers, European Commission, Brussels
- Mr Adrien EMCH, Partner, Hogan Lovells, Beijing, PRC
- Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels / Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Roundtable discussion and Q&A session
12:30-14:00: Lunch
14:00-17:30: Session II – Unfair competition in the EU – principles and legal instruments
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview
- Types of unfair commercial practices
- EU legal framework and enforcement policy
- Potential gaps in existing legal framework
- Role of different instruments: competition law, contract law, unfair competition law, consumer protection law, codes of conduct , private enforcement and collective redress
- Approach of lawmakers and enforcers – EU and national levels
Presentations by
- Mr Christoph DECKER, Team Leader – Consumer Enforcement & Redress, Directorate-General for Justice and Consumers, European Commission, Brussels
- Mr Adrien EMCH, Partner, Hogan Lovells, Beijing, PRC
Discussion and commentary by
- WU Xinkuang, Director, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
- Judge WANG Yanfang, Supreme People’s Court, PRC
- Professor MENG Yanbei, Renmin University, PRC
Discussion with all experts and Q&A session
Fair Competition Review System and State aid
08:45-09:00: Registration
09:00-12:00: Session I – Application of exemptions to State aid
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Prohibition of State aid and exemptions
- Block exemptions
- Applications of the exemptions in practice
- Examples: Regional aid, fiscal aid
Presentation by
- Mr Karl SOUKUP, Director State Aid – General Scrutiny & Enforcement, Directorate-General for Competition, European Commission, Brussels
Discussion and commentary by
- LIU Jifeng, China University of Political Science and Law, PRC
- HAN Wei, Chinese Academy of Social Sciences, PRC
Roundtable discussion and Q&A session
12:00-13:30: Lunch
13:30-16:45: Session II – Updates on the implementation of the Fair Competition Review System
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview
- Most recent development of the implementation of Fair Competition Review System
- Achievements
- Challenges and difficulties
- Prospects
- Case study
Presentation by
- LI Qing, Deputy Director General, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
Discussion and commentary by
- Mr Karl SOUKUP, Director State Aid – General Scrutiny & Enforcement, Directorate-General for Competition, European Commission, Brussels
- HAN Wei, Chinese Academy of Social Sciences, PRC
- LIU Jifent, China University of Political Science and Law, PRC
Roundtable discussion and Q&A session
16:45 – 17:00: Closing remarks
- Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels
- YAN Jun, Director General, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
