27th EU-China Competition Week
19 – 21 March 2024
T he roundtable discussions focused on the EU’s and China’s experiences with the implementation of their regulatory approaches to digital markets and how to tackle enforcement challenges in digital market cases, as well as gun jumping in merger control and trends and experiences in remedies and procedures. Officials also discussed the principles and application of the Fair Competition Review System in China, and the interaction of EU State aid rules and measures supporting the development of economically vulnerable regions. Finally, experts discussed the interaction between competition and Standard Essential Patents.
The EU-China Competition Week takes place biannually and is part of the Competition Cooperation project, a 5-year EU-funded programme offering technical cooperation to competition authorities in Asia. It provides a platform for exchanges on competition policy between the European Commission Directorate-General for Competition and the Chinese State Administration for Market Regulation. The objective is to share experiences and strengthen convergence in competition policy, to the benefit of citizens and businesses in both the EU and Asia.
More information about the European Commission’ bilateral dialogue with China in the field of competition policy is available on the Commission’s website.
Schedule
A digital update: The EU’s and PRC’s experiences with the implementation of their regulatory approaches to digital markets; Tackling enforcement challenges in digital market cases
08:45-09:00: Registration
09:00-09:40: Opening remarks
- Mr MENG Yang, Vice Minister, State Administration for Market Regulation, PRC
- Mr Olivier GUERSENT, Director General, DG Competition, European Commission, Brussels
09:40-12:30: Session I: Implementing the EU’s and PRC’s regulatory approaches to digital markets
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- Complementarity of EU merger control, antitrust enforcement and regulation (Digital Markets Act); first experiences with the designation process under the Digital Markets Act.
- Experiences and developments with the implementation of SAMR’s Anti-Monopoly Guidelines for the Platform Industries, the Monopoly Agreement Regulations and Abuse Regulations, and practical experiences with the use of “Regulatory talks” and remedial measures.
- Practical challenges?
- Reactions from the digital players?
- Interaction with other regulatory authorities with powers impacting digital markets.
- Impact of these regulatory approaches on competition enforcement – what to expect in 2024 and beyond.
Presentation by
- Ms Inge BERNAERTS, Director for Policy and Strategy, DG Competition, European Commission, Brussels
- LIU Jian, Deputy Director General, Anti-Monopoly Enforcement Department Ⅰ, SAMR
- HU Pinjie, Deputy Director General, Anti-Monopoly Enforcement Department Ⅱ, SAMR
Discussion and Q&A session
12:30-14:00: Lunch
14:00-17:00: Session II: Tackling enforcement challenges in digital market cases
Overview:
- DG COMP and SAMR experiences with challenges in investigating digital market cases – what is unique about these cases? Examples.
- Tools deployed by DG COMP and SAMR in digital market investigations, e.g. interim measures.
- Steps to improve capabilities and keep up to date with technological development.
- Using Artificial Intelligence and other digital investigation tools in digital market cases?
Presentation by
- LIU Jian, Deputy Director General, Anti-Monopoly Enforcement Department Ⅰ, SAMR
- Ms Inge BERNAERTS, Director for Policy and Strategy, DG Competition, European Commission, Brussels
Discussion and Q&A session
Mergers: Gun jumping in merger control; Trends in merger remedies and procedures – recent experiences in Germany and PRC
08:45-09:00: Registration
09:00-12:00: Session I: Gun jumping and merger control – developments in Europe and PRC
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview:
- A tougher approach to gun jumping?
- Experiences and challenges of investigating different types of gun jumping, including “procedural” gun jumping versus more complex “substantive” gun jumping cases.
- Case examples.
- Lessons learned.
Presentations by
- Mr Wolfgang JAKOBI, Rapporteur in the 5th Decision Division, Bundeskartellamt (BKA), Germany
- Mr WANG Yanglin, Deputy Director, Anti-Monopoly Enforcement Department Ⅱ, SAMR
Discussion and Q&A session
12:00-13:30: Lunch
13:30-16:45: Session II: Merger remedy trends in Germany and PRC and improving review procedures for a more effective and transparent merger review process
Overview:
- Navigating remedy design: is there reduced tolerance for complex remedy design vs clean divestiture – what do the cases indicate?
- Germany and PRC approach to access versus behavioural remedies
- More flexible remedies to address dynamic competition?
- Approach in Germany and PRC to improved / increased interactions with parties (e.g. opportunities for engagement, more frequent updates, more interactive remedy process), and transparency in light of increasingly challenging remedy discussions.
- Case examples
Presentations by
- Ms ZHAO Haohan, Principal Staff, Anti-Monopoly Enforcement Department Ⅱ, SAMR
- Mr Wolfgang JAKOBI, Rapporteur in the 5th Decision Division, Bundeskartellamt (BKA), Germany
Discussion and Q&A session
Principles and application of FCRS to government subsidies; Interaction of EU State aid rules and measures supporting the development of economically vulnerable regions; Interaction between competition and Standard Essential Patents
08:45-09:00: Registration
09:00-12:30: Session I: Principles and application of FCRS to government subsidies; Interaction of EU State aid rules and measures supporting the development of economically vulnerable regions
Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project
Overview
- Framework relating to government subsidies in the FCRS and its interaction with the AML
- Case experiences with the application of the FCRS to government subsidies – case examples and assessments, key issues and trends
- Application of State aid rules to counter regional disparities: frameworks and experiences, including e.g. the Regional Aid Guidelines and safeguards in their application, and the application of the Temporary Crisis and Transition Framework.
Presentations by
- Ms ZHOU Minjia, Deputy Director, Competition Policy Coordination Department, SAMR
- Ms Graça DA COSTA, State aid and competition consultant, former DG Competition Senior Expert on State aid strategy
Discussion and Q&A session
12:30-14:00: Lunch
14:00-17:00: Session II: Interaction between competition and SEPs – perspectives from the EU and PRC
Overview
- Framework for competition rules and IPR
- Antitrust context and concerns with SEPs
- Antitrust cases relating to SEPs and key issues
- Addressing the challenges
Presentation by
- Mr ZHAI Yunpeng, Director, Anti-Monopoly Enforcement Department Ⅰ, SAMR
- Ms Helene JURAMY, Trade / Intellectual Property Officer of the EU Delegation to China
Q&A session
17:15 – 17:30: Closing remarks
- Ms Orsolya CSORBA, Counsellor for Competition, Justice and Consumer Policy at the EU Delegation to China
- Mr ZHOU Zhigao, Director General, Competition Policy Coordination Department, SAMR
