1st EU-ASEAN Competition Week

08:45-09:00: Registration

09:00-9:30: Opening remarks

Dato’ Seri Mohd Hishamudin Md Yunus, Chairman, Malaysia Competition Commission

Mr Torben TOFT, Senior Expert, Directorate General for Competition, European Commission

Ms. Sarah FIRDAUS, ASEAN Secretariat

09:30-12:30: Session I – Planning and running a merger investigation

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

Overview:

• Merger analysis – a brief overview
• Importance of a merger investigation plan,
• Scoping initial work
• Identifying sources of evidence
• Establishing/updating tasks and timeline
• Communication with participants
• Timing
• Procedural rules concerning the notification of concentration

Presentations by:

• Ms Maria ROSSMANN, Special Adviser, Danish Competition and Consumer Authority
• Mr Oilie S. Haulo, Attorney IV, Philippine Competition Commission

Comments by:

• Professor Dr Stephan SIMON Senior Expert Mergers/Case Manager Services Industries, Directorate-General for Competition, European Commission
• Ms Ieva JAKUBAVIČIENĖ, Deputy Head of Mergers, Lithuanian Competition Council

Discussion and Q&A Session

12:30-14:00: Lunch

14:00-17:00: Session II –Theories of harm and developing reliable evidence

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

Overview:

• Main theories of harm in merger control
• Identifying the types of information necessary to assess the merger
• Identifying relevant and reliable sources of evidence
• Tools available to gather evidence and applying them in practice

Presentations by:

• Ms Ieva JAKUBAVIČIENĖ, Deputy Head of Mergers, Lithuanian Competition Council
• Ms Maria ROSSMANN, Special Adviser, Danish Competition and Consumer Authority

Comments by:

• Professor Dr Stephan SIMON Senior Expert Mergers/ Case Manager Services Industries, Directorate-General for Competition, European Commission

Discussion and role-play/hypothetical case study

08:45-09:00: Registration

09:00-12:00: Session I – Monitoring and evaluating State interventions in markets

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

Overview:

• Objectives
• Types of intervention: state aid and subsidies
• Possible adverse effects
• How should they be controlled?
• Profiteering & Market Control
  • Striking the right balance between competition and the relevant regulation
• Pro cartel/ pro monopoly policies and regulations

Presentations by

• Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission
• Mr Iskandar ISMAIL, Chief Executive Officer, Malaysia Competition Commission
• Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Discussion and Q&A session

12:00-13:30: Lunch

13:30-17:00: Session II – Competition enforcement cooperation within regional networks – the EU and ASEAN experiences

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

Overview:

• ECN practices and procedures
• ASEAN Competition Enforcers Network
• Nordic Competition Cooperation Agreement – practices and procedures

Presentations by:

• Mr Michael ALBERS, former Hearing Officer, Directorate-General for Competition, European Commission
• Ms Maria ROSSMANN, Special Adviser, Danish Competition and Consumer Authority
• Ms Cindy CHANG, Principal Legal Counsel, Legal and Enforcement Division, Competition and Consumer Commission of Singapore

Discussion and Q&A session

08:45-09:00: Registration

09:00-12:30: Session III – The analytical framework for merger assessment 

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

Overview:

• Essential steps including defining the relevant market, unilateral and coordinated effects, barriers to entry and other competitive factors
• Assessing the evidence
• Assessing efficiencies
• Qualitative and quantitative techniques
• Incorporating economic analysis into the structural analysis of mergers

Presentation by:

• Professor Dr Stephan SIMON Senior Expert Mergers/ Case Manager Services Industries, Directorate-General for Competition, European Commission

Comments by:

• Ms Maria ROSSMANN, Special Adviser, Danish Competition and Consumer Authority
• Ms Ieva JAKUBAVIČIENĖ, Deputy Head of Mergers, Lithuanian Competition Council

Discussion and role-play/hypothetical case study

12:30-14:00: Lunch

14:00-17:00: Session IV – Determining and applying appropriate remedies

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

Overview:

• The objectives of merger remedies
• Types of remedies and their purpose
• Remedy negotiation – when should remedies be proposed by the parties or considered by the competition agency?
• Relevant considerations in selecting remedies
• Implementing merger remedies – the role of monitoring trustees

 Presentations by:

• Professor Dr Stephan SIMON Senior Expert Mergers/ Case Manager Services Industries, Directorate-General for Competition, European Commission
• Ms Ieva JAKUBAVIČIENĖ, Deputy Head of Mergers, Lithuanian Competition Council
• Mr NG Jia Le, Senior Competition Analyst, Business and Economics Division, Competition and Consumer Commission of Singapore

Comments by:

• Ms Maria ROSSMANN, Special Adviser, Danish Competition and Consumer Authority

Discussion and role-play/hypothetical case study

08:45-09:00: Registration

09:00-12:00: Session I– Principles of Procedural Fairness & Transparency

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

Overview:

• Importance & benefits to the agency
• Key themes
• Examples of initiatives implemented by competition agencies

Presentations by:

• Mr Michael ALBERS, former Hearing Officer, Directorate-General for Competition, European Commission
• Mr Antonio CAPOBIANCO, Acting Head, Competition Division, Organisation for Economic Cooperation and Development

Discussion and Q&A session

12:00-13:30: Lunch

13:30-17:00: Session II – Procedural Fairness & Transparency at Different Stages of the Investigation & Decision-Making Process

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

Overview:

• Evidence gathering, procedural rights, timeframes, access to information vs confidentiality
• Judicial review
• Transparency in policy, practice and procedures, decisions
• Checks and balances
• Institutional design

Presentations by:

• Mr Michael ALBERS, former Hearing Officer, Directorate-General for Competition, European Commission
• Mr Antonio CAPOBIANCO, Acting Head, Competition Division, Organisation for Economic Cooperation and Development
• Ahmad Ismail Illman MOHD RAZALI, Assistant Director, Investigation and Enforcement Division, Malaysia Competition Commission

Discussion and Q&A session

08:45-09:00: Registration

09:00-09:30: Opening remarks

Datuk Seri Saifuddin Nasution bin Ismail, Minister of Domestic Trade and Consumer Affairs

Carl-Henrik Hall, Head of Political Affairs, Press and Information, Delegation of the European Union to Malaysia

09:30-11:00: Session I – Competition law challenges in the digital economy

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

Overview:

• Key features of the new online environment
• Policy responses
• New applications of old problems:
  • concentrated markets with big players;
  • big players active in neighbouring markets
  • multi-sided markets/platforms
• Challenges specific to digital markets:
  • competitive impact of ownership of big data by a small number of firms
  • dealing with mergers and takeovers in digital markets

Panel discussion with:

• Mr Antonio CAPOBIANCO, Acting Head, Competition Division, Organisation for Economic Cooperation and Development
• Mr Sandro GLEAVE, Case Officer, 6th Decision Division, German Federal Cartel Office (Bundeskartellamt)
• Mr Arunan KUMARAN, Senior Principal Assistant Director, Ministry of Domestic Trade and Consumer Affairs, Malaysia
• Ms Chuah Hooi Bien, Head of Legal, Lazada

Q&A session (15 mins)

11:0-11:30: Tea break

11:30 – 13:00: Session II – Enforcement action and policy in the digital economy

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

Overview:

• Overview and reflections on recent cases in multisided markets, mergers in the digital economy and big data cases
• Enforcement challenges – e.g. assessing harm to potential competition
• Procedural challenges – e.g. too few cases? cases taking too long?
• How to preserve digital innovation
• Are other policy interventions required?

Panel discussion with:

• Professor Dr Stephan SIMON, Senior Expert Mergers/ Case Manager Services Industries, Directorate-General for Competition, European Commission
• Mr Sandro GLEAVE, Case Officer, 6^th Decision Division, German Federal Cartel Office (Bundeskartellamt)
• Mr Zairan ISHAK, Acting Director, Investigation and Enforcement Division, Malaysia Competition Commission
• Mr Antonio CAPOBIANCO, Acting Head, Competition Division, Organisation for Economic Cooperation and Development
• Krisda PIAMPONGSANT, Vice Chairperson, Office of Trade Competition Commission, Thailand

Q&A session (15 mins)

13:00-14:30: Lunch

14:30-17:00: Session III – Online vertical restraints: analysis and enforcement

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

Overview:

• The logic of vertical restraints and their impact
• Types of online price and non-price restraints
• Resale price maintenance in the digital world
• Legal and economic framework for analysis

Presentations by:

• Professor Dr Stephan SIMON Senior Expert Mergers/ Case Manager Services Industries, Directorate-General for Competition, European Commission
• Mr Sandro GLEAVE, Case Officer, 6^th Decision Division, German Federal Cartel Office (Bundeskartellamt)
• Ms Dhaniah AHMAD, Partner, Shook Lin & Bok

Discussion and Q&A session

17:00 – 17:15: Closing remarks

Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission

Mr Iskandar ISMAIL, Chief Executive Officer, Malaysia Competition Commission

Ms. Sarah FIRDAUS, ASEAN Secretariat