18th EU-China Competition Week

18-21 March 2019

About

T he 18th EU-China Competition Week took place between 18th and 21st March 2019 in Beijing, China. Officials from the European Commission Directorate-General for Competition (DG Competition) and the Anti-Monopoly Bureau and Price Supervision and Anti-Unfair Competition Bureau of the State Administration for Market Regulation (SAMR) of the People’s Republic of China gathered to exchange views and discuss priorities in the field of competition policy.

Representatives from DG Competition and SAMR were joined by an official from the State Aid Monitoring Office of Hungary (SAMO) and officials from various provincial administrations for market regulation and Ministries of the People’s Republic of China. The discussions on competition law and policy were further attended by experts from academia and think tanks.

The Competition Week provided a platform for both sides to address a wide range of topics, including State Aid control in the EU and its Member States, the implementation of the Chinese Fair Competition Review System, merger review and Standard Essential Patents (SEPs).

The 18th EU-China Competition Week builds on a longstanding tradition of biannual competition dialogue between the EU and 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 between the EU and China in the field of competition.

The 19th EU-China Competition Week will take place from 14th to 18th October 2019.

Schedule

Implementation of EU State Aid – Perspective from EU and Member States

08:45-09:00: Registration

09:00-09:15: Opening remarks

  • Mr YAN Jun, Director General, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
  • Mr Torben TOFT, Senior Expert, International Relations Unit, Directorate-General for Competition, European Commission, Brussels

09:15-12:30: Session I – Operation of State Aid in the EU

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

Overview:

  • Rationale for EU State aid policy
  • Basic principles of EU State aid policy, including: prohibition; Treaty exemptions; procedure (notification and standstill obligation, legal and illegal aid, compatible and incompatible aid, implications of illegality and incompatibility); compatibility assessment
  • The notion of aid
  • State aid procedure: notified aid; illegal aid; existing aid; recovery

Presentation by

  • Mr Miek VAN DER WEE, former Head of Unit, Infrastructure and Regional Aid Unit, Directorate-General for Competition, European Commission, Brussels
  • Ms Anita GYÜRKÉS, Head of Department, State Aid Monitoring Office, Hungary

Discussion and commentary by

  • Madam LI Qing, Expert, China Society of Economic Reform / former Director-General Level Official, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
  • Mr HUANG  Yong, Professor, University of International Business and Economics, Beijing

Roundtable discussion and Q&A session

12:30-14:00: Lunch

14:00-17:30: Session II – Implementation of State Aid in the EU and at the national level

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

Overview:

  • General Block Exemption Regulation and its implementation at the national level
  • Compatibility assessment criteria for State aid
  • Case study on regional aid investment rules

Presentation by

  • Ms Anita GYÜRKÉS, Head of Department, State Aid Monitoring Office, Hungary
  • Mr Miek VAN DER WEE, former Head of Unit, Infrastructure and Regional Aid Unit, Directorate-General for Competition, European Commission, Brussels

Discussion and commentary by

  • Mr FU Wenbiao, Director General, Development and Research Centre, State Administration for Market Regulation, PRC
  • Madam LI Qing, Expert, China Society of Economic Reform / former Director General Level Official, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation

Discussion with all experts and Q&A session

Process of monitoring and implementing the Fair Competition Review System and State Aid at the Provincial/local levels and EU Member State level

08:45-09:00: Registration

09:00-12:00: Session II continued – Implementation at the national level and monitoring of State aid rules

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

Overview

  • National case study on notified regional aid
  • Complaints – procedures and case study
  • Transparency provisions in State aid
  • Ex-post monitoring activity

Presentation by

  • Ms Anita GYÜRKÉS, Head of Department, State Aid Monitoring Office, Hungary
  • Mr Miek VAN DER WEE, former Head of Unit, Infrastructure and Regional Aid Unit, Directorate-General for Competition, European Commission, Brussels

Discussion and commentary by

  • Mr ZHU Kai, Official, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
  • Ms MENG Yanbei, Professor, Renmin University of China, Beijing

Roundtable discussion and Q&A session

12:00-13:30: Lunch

13:30-16:45: Session III – Process of monitoring Fair Competition Review System at Provincial/local levels

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

Overview

  • Progress of the implementation of FCRS
  • Mechanism innovation of FCRS
  • Case study

Presentations by

  • Ms YANG Jiajia, Director, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC
  • Mr JU Hanfang, Director, Anti-Monopoly Law Division, Jiangsu AMR

Discussion and commentary by

  • Mr Miek VAN DER WEE, former Head of Unit, Infrastructure and Regional Aid Unit, Director-General for Competition, European Commission, Brussels
  • Ms Anita GYÜRKÉS, Head of Department, State Aid Monitoring Office, Hungary
  • Ms MENG Yanbei, Professor, Renmin University of China, Beijing

Roundtable discussion and Q&A session

16:45 – 17:00: Closing remarks

  • Mr Torben TOFT, Senior Expert, International Relations Unit, Directorate-General for Competition, European Commission, Brussels
  • Mr YANG Hongfeng, Deputy Director General Level Official, Price Supervision and Anti-Unfair Competition Bureau, State Administration for Market Regulation, PRC

Mergers: Notion of control and the assessment of Joint Ventures as merger transactions or agreements

08:45-09:00: Registration

09:00-09:15: Opening remarks

  • Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
  • Mr Torben TOFT, Senior Expert, International Relations Unit, Directorate-General for Competition, European Commission, Brussels

09:15-12:00: Session I – The notion of control in merger review

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

Overview

  • Uses of the notion of control in merger review
  • Acquisition of control
  • Exceptions
  • Practical examples

Presentations by

  • Ms Marta ANDRÉS VAQUERO, Case Handler, Merger Case Support and Policy Unit, Directorate-General for Competition, European Commission, Brussels
  • Mr XU Lefu, Deputy Director General, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Roundtable discussion and Q&A session

12:00-13:30: Lunch

13:30-17:00: Session II – Assessment of joint ventures in merger review

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

Overview

  • Relevant merger situation and the concept of full-functionality
  • Different types of joint ventures
  • Competitive analysis
  • Case developments

 Presentations by

  • Ms Marta ANDRÉS VAQUERO, Case Handler, Merger Case Support and Policy Unit, Directorate-General for Competition, European Commission, Brussels
  • Ms HU Xinyue, Deputy Director Level Official, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Roundtable discussion and Q&A session with all speakers and experts

Antitrust: Role of competition law in Standard Essential Patent licensing and a discussion on excessive pricing and Resale Price Maintenance

08:45-09:00: Registration

09:00-11:30: Session I – SEPs and pricing mechanisms – what role for competition law?

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

Overview:

  • Balancing IPR and competition
  • Calculating FRAND terms
  • Implication of EU and MS court decisions
  • Implications of AML enforcement and private litigation court decisions
  • Use of court injunctions or customs blocks – legitimate use of IP rights or an abuse of dominance?

Presentation by

  • Mr Gunnar WOLF, Case Handler, IT, Internet and Consumer Electronics Unit, Directorate-General for Competition, European Commission, Brussels

Discussion and commentary by

  • Mr ZENG Chuan, Official, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Roundtable discussion and Q&A session

12:00-13:30: Lunch

13:30-15:45: Session II – SEPs and competition – regulatory choices

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

Overview

  • SEPs and competition law: approach in China
  • Exploitative or exclusionary abuses
  • Identifying dominance of SEP owners
  • Identifying undue exclusion in SEP owners’ hold-up conduct
  • …

Presentation by

  • Mr ZENG Chuan, Official, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC
  • Ms CHEN Qianting, Official, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Discussion and commentary by

  • Mr Gunnar WOLF, Case Handler, IT, Internet and Consumer Electronics Unit, Directorate-General for Competition, European Commission, Brussels

Q&A session

Roundtable discussion on excessive pricing (45 minutes)

  • Excessive pricing – what is excessive / excessive compared to what?
  • How to measure excessive pricing?

Discussion with Mr Gunnar WOLF, Case Handler, IT, Internet and Consumer Electronics Unit, DG Competition, Brussels and Ms CHEN Qianting, AMB, SAMR, PRC

15:45 – 17:15: Session III – Roundtable discussion on Resale Price Maintenance – a comparison of EU and Chinese case law developments

Overview:

  • EU and China’s approach to Resale Price Maintenance

Discussion with

  • Directorate-General for Competition, European Commission, Brussels
  • Ms QI Shuanglin, Official, Anti-Monopoly Bureau, State Administration for Market Regulation, PRC

Commentary and discussion with experts and Q&A session

17:15 – 17:30: Closing remarks

  • Mr Torben TOFT, Senior Expert, International Relations Unit, Directorate-General for Competition, European Commission, Brussels
  • Anti-Monopoly Bureau, State Administration for Market Regulation, PRC