25th EU-China Competition Week

12-16 December 2022

About

The 24th EU-China Competition Week took place online from 12 to 16 December 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.

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 competition policy and legislative developments in the EU and China, enforcement of competition law in both sides, standardisation, and innovation, as well as novelties in the merger control assessment. Participants also discussed the latest policy developments in EU State aid policy as well as the implementation of the Fair Competition Review System in China. In addition, Chinese officials received an introduction to EU competition law.

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.

Schedule

Update on EU and PRC legislative and policy developments

06:45-07:00: Registration / Virtual room open

07:05-07:30: Opening remarks

  • Mr Zhou ZHIGAO, Deputy Director, Competition Policy Coordination Bureau, State Administration for Market Regulation
  • Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission

07:30-08:45: Session I – Update on EU policy developments

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

Overview:

  • Update on recent legislative developments and guidelines;
  • Update on policy initiatives

Presentation by

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

Q&A

08:45-10:00 Session II – Update on competition policy and legislative developments in the PRC

 Overview:

  • An update on the revised Anti-Monopoly Law
  • An update on draft implementing regulations

Presentation by

  • Mr CAI Junfeng, Director, Legal Supervision Division, Competition Policy Coordination Department, SAMR

Q&A

Competition, standardisation and innovation – EU and PRC

06:45-07:00: Registration/ Virtual room open 

07:05 – 08:30 Session I – The EU’s approach to balancing competition, standardisation and innovation

Overview

  • IP, standardisation and innovation
  • Main cases on IP licensing and standardisation
  • Future direction

Presentation by

  • Mr Luca MANIGRASSI, Case Handler Officer, Antitrust Case Support and Policy, Directorate General for Competition, European Commission

Q&A

08:30 – 10:00 Session II – The PRC’s approach to balancing competition, standardisation and innovation

Overview

  • Legislative and procedural background
  • Main developments and rationale for intervention
  • Key issues in SEP decisions – e.g. determination of FRAND royalty rates

Presentation by

  • Mr ZHAI Yunpeng, Director, Abuse of Dominance Investigation Division I, Antitrust Enforcement Bureau I, SAMR

Discussion and Q&A

Innovation assessment in merger review

06:45-07:00: Registration/ Virtual room open 

07:05 – 08:30 Session I: Innovation and merger control

Overview

  • A new approach?
  • Impact on merger notification thresholds?
  • Innovation theories of harm
  • Evidence and measures used in the analysis
  • Remedies
  • Recent case examples from the EU and the PRC

Presentation by

  • Mr Wang LILE, Concentration Scrutiny Division I, Antitrust Enforcement Bureau II, SAMR

Q&A

  • Mr Stephan SIMON, Senior Expert, Mergers Case Support and Policy, Directorate General for Competition, European Commission

Q&A and discussion session

Update on developments in EU State aid policy; Update on implementing the Fair Competition Review System

06:45-07:00: Registration/ Virtual room open 

07:05 – 08:30 Session I: EU State aid policy developments

Overview:

  • State aid developments in light of policy objectives on: the green economy, digital transition and supporting a resilient Single Market
  • Specific policy measures, e.g. Climate, Environmental protection and Energy Guidelines; Framework for State aid research, development and innovation; Communication on Important Projects of Common European Interest; Amendment of the State Aid Block Exemption Regulation (GBER) in light of the Green Deal; Broadband Guidelines;
  • Priorities and next steps

Presentation by

  • Ms Graça DA COSTA, Senior Expert, State Aid Strategy, Directorate General for Competition, European Commission

Q&A

08:30 – 10:00 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
  • Priorities and next steps

Presentation by

  • Ms Lin MAI, Deputy Director, Fair Competition Review Division, Competition Policy Coordination Bureau, SAMR

Q&A

Introduction to EU competition law; Institutional arrangements in the enforcement of competition law in the EU and PRC

06:45-07:00: Registration / Virtual room open

07:05-09:00 Session I: Introduction to and overview of EU Competition Law

Overview:

  • Objectives of EU competition law and priorities
  • EU competition law instruments – legal framework and application

Presentation by

  • Michael Albers, Competition Law Consultant, former EU Hearing Officer for Competition

Q&A

09:00-10:45 Session II: Institutional arrangements in the enforcement of competition law

Overview:

  • Decision-making process in DG COMP and the European Commission
  • Central and decentralised enforcement – the relationship and work-sharing between the European Commission and national competition authorities in the EU and EEA
  • The role and function of the European and national courts in EU competition law enforcement

Presentation by

  • Ms Ana Garcia-Castillo, Deputy Head of Unit, Communications Policy, Directorate General for Competition, European Commission

Commentary on PRC experience

  • Mr ZHU Bingdong, Deputy Director, General Affairs Division, Competition Policy Coordination Bureau, SAMR
  • Ms CHEN Qianting, Deputy Director, Abuse of Dominance Investigation Division II, Antitrust Enforcement Bureau, SAMR

Q&A session

10:45 – 11:00 Closing remarks

  • Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission
  • Ms Zhao Chunlei, Deputy Director General, Policy Coordination Bureau, SAMR