2nd EU-ASEAN Competition Week

8-9 May 2023

About

O fficials and experts from the EU and member countries of the Association of Southeast Asian Nations (ASEAN) met in Bangkok, Thailand, on 8 and 9 May 2023 to discuss cooperation on competition policy and enforcement.

On the first day, participants discussed international cooperation in antitrust and mergers, with a focus on the role played by innovation and pipeline products in the assessment of merger cases. On the second day, discussions covered cartel investigation techniques for building an effective case, as well as State support with a focus on subsidy control and competitive neutrality principles.

The second EU-ASEAN Competition Week was hosted by the Trade Competition Commission of Thailand and is part of a series of dialogues on competition policy and enforcement between the two sides. These dialogues provide an opportunity for the European Commission, the ASEAN Member States Competition Authorities, and the ASEAN Secretariat to advance their technical cooperation and exchanges.

Schedule

International cooperation in antitrust and mergers; innovation considerations in merger review

08:45-09:00: Registration

09:00-09:10: Welcome and introduction

Ms. Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

09:00-12:30: Session III – Cartel investigation techniques – building an effective cartel case

Moderator: Mr. Stephan Simon, Directorate General for Competition, European Commission

Overview:

  • Phases of an investigation – from suspicion to case conclusion
  • Different types of investigation tools and when/how they are used
  • Investigation strategy
  • Evidence review
  • Development of the “Statement of Objections”
  • Procedural steps at the different stages of the investigation
  • Practical challenges, g. volume of information, coordination of inspections, electronic devices
  • Managing cases in practice

Presentations by:

  • Ms Devi Wyns, Senior Cartel Expert, Belgian Competition Authority
  • Mr. Richardo Frans Adiatma, Senior Investigator of Directorate of Investigation, Indonesia Competition Commission
  • Ms. Siti Nurhafiza Zakaria, Assistant Director of Investigation and Enforcement Division, the Malaysia Competition Commission
  • Mr. Le Thai Anh, Investigation Agency for competition cases, the Vietnam Competition Commission

Discussion and Q&A Session

11:55-13:15: Lunch

14:00-17:00: Session IV – Competition and State support – with a focus on subsidy control and competitive neutrality principles

Moderator: Mr. Karnrapee Phollit, Foreign Affairs Officer, Trade Competition Commission of Thailand

Overview:

  • Introduction to EU’s State aid regime, including rationale, principles and the implementation of EU State aid control rules
  • Practical examples of EU State aid cases
  • Competition authority experiences with applying competition law and policy to SOEs
  • Experiences of competition authorities with frameworks to promote a level playing field between SOEs and private entities

 Presentations by:

  • Ms. Graça Da Costa, EU State aid law and policy adviser (former DG COMP Senior Expert)
  • Mr. Benjamin E. Radoc Jr., Ph.D., Director of Economics Office, Philippine Competition Commission
  • Mr. Nattapol Pourprasert, Ph.D., Acting Director of Competition Policy and Coordination Division, Trade Competition Commission of Thailand

Discussion and Q&A Session

15:30-15:40: Conclusions

Ms. Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

15:40-15:50: Closing remarks

Mr. Stephan Simon, Directorate General for Competition, European Commission

Asst.Prof.Visanu Vongsinsirikul, Ph.D, Secretary-General, Trade Competition Commission of Thailand (TCCT)

Cartel investigations – building an effective case; Competition and State support

08:45-09:00: Registration

09:00-09:10: Overview of Day 2

Ms. Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

09:10-9:30: Opening remarks

  • Mr. Maitree Sutapakul, Chairman of the Trade Competition Commission of Thailand (welcoming)
  • H.E. Mr David Daly, Ambassador of the European Union to Thailand
  • Commissioner Marah Victoria S. Querol, ASEAN Experts Group on Competition (AEGC) Chair

09:30-12:30: Session I – International cooperation in antitrust and merger review

Session moderator: Mr. Akarapon Houbcharaun, Ph.D., Director of Foreign Affairs Division, Trade Competition Commission of Thailand

Overview:

  • Types of international cooperation in competition enforcement and the legal basis (bilateral, regional, multilateral)
  • Different tools of international cooperation, g., coordination of activities, waivers, contacts between officials
  • Practical aspects of international cooperation, g., communication, timing alignment, information sharing
  • Cooperation on substance, g., theories of harm, remedies
  • Practical experiences with cooperation in cross-border merger review

Presentations by:

  • Atty. Lianne Ivy P. Medina, Director of Mergers and Acquisitions Office, Philippine Competition Commission
  • Mr. Stephan Simon, Senior Expert, Mergers Case Support and Policy, Directorate General for Competition, European Commission
  • Mr. Oh Bo Shun, Legal Counsel of Legal and Enforcement Division, Competition and Consumer Commission Singapore
  • Mr. Dao Tuan Dung, Official of Merger Division, the Vietnam Competition Commission

Discussion and Q&A Session

12:10-13:30: Lunch

13:30-16:00: Session II – Innovation considerations in merger review

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

Overview:

  • Significance of non-price competition factors, g. innovation or quality, in dynamic and rapidly changing industries
  • Innovation factors in competition assessment: existing legal frameworks and toolkits
  • Innovation theories of harm – a new approach by competition authorities?
  • Evidence and measures used in the analysis of innovation competition
  • Implications for remedy design

Presentations by:

  • Stephan Simon, Senior Expert, Mergers Case Support and Policy, Directorate General for Competition, European Commission
  • Commissioner Chandra Setiawan, Indonesia Competition Commission
  • Juan Antonio E. Arcilla, Division Chief of Mergers and Acquisitions Office – Notification Division, Philippine Competition Commission
  • Representative of TCCT

Discussion and Q&A session

16:00-16:10: Commentary and close of Day 1

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