23rd EU-China Competition Week
28 - 31 March 2022
T he 23rd EU-China Competition Week took place online from 28 to 31 March 2022. 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 Spanish and Italian competition authorities.
The Competition Week provided a platform for both sides to address their priorities and challenges in the field of competition policy. Discussions between the officials and experts focused on the interaction of the Digital Markets Act and the Digital Services Act with EU competition law as well as on procedural aspects of merger control. Participants also discussed competition concerns and enforcement in the pharmaceutical sector and on the implementation of China’s Fair Competition Review System 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 24th EU-China Competition Week will take place in October 2022.
Schedule
Implications of the EU’s Digital Markets Act and Digital Services Act proposals for gatekeepers and large platforms and the interaction of the regulatory proposals with EU competition law; Update on competition law and policy developments in the PRC
07:45-08:00: Registration / Virtual room open
08:05-08:30: Opening remarks
- Mr Zhou ZHIGAO, Deputy Director General, Competition Policy Coordination Bureau, State Administration for Market Regulation
- Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission
08:30-09:45: Session I – Update on the Digital Markets Act proposal and its interaction with the Digital Services Act proposal and EU Competition Law
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- The scope and coverage of the Digital Markets Act (DMA) and the Digital Services Act (DSA) – the objectives, targets, types of provision, enforcement and sanctions envisaged by each Act.
- Objectives and operation of the “gatekeeper” provisions under the DMA
- Interplay between the proposed DMA and existing competition enforcement tools.
Presentations by:
- Mr Niklas BRUEGGEMANN, Policy Officer, Digital Markets Act Task Force, DG Competition, European Commission
Q&A
09:45-11:00: Session II – Update on competition policy and legislative developments in the PRC
Overview:
- Update on the legislative timetable for the revision of the Anti-Monopoly Law
- Update on recent and proposed revisions to existing guidelines and regulations
- Update on SAMR’s enforcement priorities
- Overview of the new reorganisation of the National Anti-Monopoly Bureau and the roles and functions of the new divisions and its interaction with SAMR.
Presentations by
- Mr CAI Junfeng, Director, Legal Supervision Division, Competition Policy Coordination Department, SAMR
Q&A
Procedural aspects of merger control: experiences with (i) stop- the-clock mechanisms and (ii) gun-jumping rules
07:45-08:00: Registration/ Virtual room open
08:05 – 09:30 Session I – The use of “stop-the-clock” mechanisms in merger review
Overview
- Rationale for using stop-the-clock in merger review
- The timing of stop-the-clock decisions in the merger review process
- Balancing the use of stop-the-clock decisions against predictability and legal certainty for the parties
- Experiences with using stop-the-clock in practice.
Presentation by
- Ms Sara PEREIRA NOGUEIRA, Associate Deputy Director in the Services Directorate, Spanish National Markets and Competition Commission (CNMC)
Q&A
09:30 – 11:00 Session II – Practical experiences with gun-jumping rules
Overview
- Prohibition of gun-jumping under the AML and regulations
- Actions that constitute gun-jumping
- Implications and consequences of breaching gun-jumping provisions
- Experiences with gun-jumping.
Presentation by
- Ms ZHAO Lili, Director, Concentration Supervision and Enforcement Division, Anti-monoply Enforcement Department II, SAMR
Discussion and Q&A with
- Mr Juan CARRERO ROIG, Chief Competition Inspector in the Services Sub-directorate, Spanish National Markets and Competition Commission (CNMC)
EU State aid – the block exemption system; Update on implementing the Fair Competition Review System
07:45-08:00: Registration / Virtual room open
08:05-09:40 Session I: EU State aid and the block exemption process
Overview
- Overview of the block exemption system whereby Member States may grant State aid without prior notification and European Commission approval.
- Recent developments and amendments to the General Block Exemption Regulation.
- Practical case examples.
Presentation by
- Ms Zlatina TONCHEVA, State Aid Case Support and Policy, Directorate-General Competition, European Commission
Q&A
09:45-11:00 Session II: Implementation of the Fair Competition Review System
Overview
- Update on the implementation of the FCRS, including policy developments and impact of recent guidelines
- Recent case examples of the application of the FCRS.
Presentation by
- Ms JIN Jing, Director, Fair Competition Review Division, Competition Policy Coordination Department, SAMR
Q&A
Competition concerns and enforcement in the Pharmaceutical and Active Pharmaceutical Ingredient sector
07:45-08:00: Registration / Virtual room open
08:05-10:45 Anti-competitive conduct in the Pharma and Active Pharmaceutical Ingredient sector
Overview:
- Characteristics of competition in the pharma sector
- Types of anti-competitive conduct and competition concerns
- Tension between competition law and intellectual property in the pharmaceutical sector
- Enforcement and policy responses.
Presentations by
- Ms CHEN Qianting, Deputy Director, The Second Abuse Enforcement Division, Anti-monoply Enforcement Department I, SAMR
Q&A
- Ms Claudia DESOGUS, Italian Competition Authority (30 mins)
Discussion
10:45 – 11:00 Closing remarks
- Mr CHEN Libo, Competition Policy Coordination Department, SAMR
- Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission
