22nd EU-China Competition Week
29 November - 2 December 2021
T he 22nd EU-China Competition Week took place online on between 29 November to 2 December 2021. The week of technical discussions on competition law and enforcement showcased the commitment of the European Commission Directorate-General for Competition (DG Competition) and the State Administration for Market Regulation (SAMR) of the People’s Republic of China to strengthen their technical cooperation and dialogue. It builds on a longstanding tradition of biannual competition dialogue between the EU and the antimonopoly enforcement agencies in China.
Officials from DG Competition and the SAMR were joined by officials from the German Federal Cartel Office and the French Competition Authority.
The Competition Week provided a platform for both sides to address their priorities and challenges in the field of competition policy. Officials and experts discussed a broad range of topics, including on the green transition and how China’s Fair Competition Review System and the EU’s State Aid framework can contribute to it. Participants also discussed mechanisms to control potentially anti-competitive acquisitions in the digital sector and the practical challenges of investigating digital markets, as well as on updates on the proposed revisions to China’s Anti-Monopoly Law and recent regulatory and competition policy developments in the EU.
EU-China Competition Weeks take place biannually, usually in March and October, when officials from DG Competition and their counterparts in China engage in a dialogue to enhance cooperation and transparency between China and the EU in the field of competition.
The 23rd EU-China Competition Week will take place in March 2022.
Schedule
The Green transition – how can the PRC’s Fair Competition Review System and the EU’s State Aid Framework contribute?
06:45-07:00: Registration / Virtual room open
07:05-07:30: Opening remarks
- Mr Zhou ZHIGAO, Deputy Director General, Competition Policy Coordination Bureau, State Administration for Market Regulation
- Mr Thomas DEISENHOFER, Principal Adviser, Ex-post Economic Evaluation, Directorate-General for Competition, European Commission
07:30-08:45: Session I – Fair Competition Review System – experiences with balancing fair competition rules and environmental objectives
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- How can FCRS assist in achieving wider environmental goals (e.g. promoting R&D and investments in environmentally sustainable industries, or negative consequences for activities harmful to the environment e.g. polluting factories)?
- Examples of application of FCRS to policies with positive or negative environmental impacts in line with wider government objectives.
Presentations by:
- Ms Jin Jing, Director, Fair Competition Review Division, Competition Policy Coordination Bureau, State Administration for Market Regulation
Q&A
08:45-10:00: Session II – Balancing environmental objectives with State aid rules – adjusting the State aid framework
Overview:
- State aid reforms to support the EU’s new Green Deal and sustainability objectives
- How can State aid framework address concerns, such as: limiting access to public funding for fossil fuels; systematically assessing environmental impact in State aid procedures; need for simplified rules that provide legal certainty and transparency of State aid initiatives that are potentially harmful to the environment; and supporting R&D and Investment projects.
- Practical examples
- Overview of reforms to the existing EU (i) Guidelines on State aid for environmental protection and energy, (ii) The General Block Exemption Regulation, (iii) State aid rules on Important Projects of Common European interest; and (iv) other reforms to the framework.
Presentations by
- Mr Alejandro DONNAY, Deputy Head of Unit, State Aid: Energy, Directorate General for Competition, European Commission
Q&A
Mechanisms to control potentially problematic acquisitions in the digital sector
07:45-08:00: Registration / Virtual room open
08:05-11:00 – Revision of merger threshold notification and capturing high-value transactions
Overview
- Rationale for revising thresholds
- Transaction value-based thresholds – rationale and options/ alternatives
- Case experiences with thresholds and mechanisms to capture high-value acquisitions of start-ups and small targets below existing turnover thresholds – including the new Article 22 EU Merger Regulation Guidance (regarding referrals of mergers from Member State authorities to DG COMP that do not meet the EU merger thresholds).
Presentation by
- Dr Fabian PAPE, Head of Unit, German and European Merger Control, German Federal Cartel Office (Bundeskartellamt)
Q&A
- Mr Simon GENEVAZ, Deputy Head of Unit, Merger Case Support and Policy, DG Competition, European Commission
Q&A
Overview
- The general rules of M&A review of control on platform business
- Case experience: recent M&A on platform business
- Reflect of improving standard of control on platform business
Presentations by
- Wang Liyuan, Deputy Director, General Affairs Division, Anti-monopoly Law Enforcement Bureau 2, SAMR
Q&A
Enforcing antitrust rules in digital markets – practical challenges for investigations
06:45-07:00: Registration / Virtual room open
07:05-10:00 Challenges of investigating anti-competitive practices in digital markets – case experiences
Overview
- Challenges of defining relevant market in digital markets
- Determining what to focus on
- Managing the complexity and volume of data involved
- Conducting the analysis
- Update on latest regulatory developments in the EU and PRC
Presentations by
- Ms Pascale DÉCHAMPS, Rapporteur Général Adjoint, Head of Unit for Antitrust Matters in the Digital and Telecom Sectors, French Competition Authority
Q&A
- Mr Brice ALIBERT, Deputy Head of Unit, Antitrust: IT, Internet and Consumer Electronics, DG Competition, European Commission
Q&A
- Jiang Yongliang, Deputy Director, Abuse of Dominance Investigation Division 2, Anti-monopoly Law Enforcement Bureau 1, SAMR
Q&A
Discussion
Update on PRC’s Amendments to the Anti-Monopoly Law and an overview of the EU’s recent legislative and competition policy developments
06:45-07:00: Registration / Virtual room open
07:05-08:30 Session I – Update on amendments to the AML: Amendments submitted to the NPC’s Standing Committee for deliberations – priorities and expectations
Overview:
- Review of amendments proposed – substantive changes, administrative changes
- Priorities for SAMR in current deliberations
- Impact of recent enforcement on policy priorities?
Presentations by
- Qiu Yang, Deputy Director, Anti-monopoly Coordination Division, Competition Policy Coordination Bureau, SAMR
Discussion and Q&A session with:
Mr Thomas DEISENHOFER, Principal Adviser, Ex-post Economic Evaluation, Directorate General for Competition, European Commission
Mr Koen VAN DE CASTEELE, Head of Unit, State Aid Case Support and Policy, Directorate General for Competition, European Commission
Mr Torben TOFT, Senior Expert, Directorate General for Competition, European Commission
08:30-09:30 Session II – Update on key legislative and competition policy developments in the EU
Overview:
- 2021 Review of the EU’s competition policy and tools
- Summary of recent EU legislative proposals and amendments to existing guidelines and regulations
Presentation by
Mr Torben TOFT, Senior Expert, Directorate General for Competition, European Commission
09:30 – 09:45 Closing remarks
- Mr Torben TOFT, Senior Expert, International Relations Unit, Directorate-General for Competition, European Commission
- Competition Policy Coordination Bureau, State Administration for Market Regulation
