Antitrust Law in Asia Pacific: Understanding and Overcoming Challenges to Your Business
1. Early Bird Special Only S$799* (+GST) Ends 3 September 2010
Antitrust Law in Asia Pacific:
Understanding and Overcoming
Challenges To Your Business
>>> 5 October 2010 >>> 9:00 am – 5:00 pm >>> Intercontinental Hotel, Singapore
rate & Commercial and is a
heads
st Practice. He specialises in
commercial practice, which
Who of
of the
rust advice and compliance
apore
ment-linked corporations to
s and
ement SINGAPORE SINGAPORE SINGAPORE SINGAPORE CHINA
nd net Allen & Gledhill LLP Allen & Gledhill LLP WongPartnership LLP MWE China Law
worked on include:
Elsa Chen Mark Tan Ameera Ashraf
Drew & Napier LLC
Offices
Ee-Kia Ng
Deputy Director Senior Associate, Partner, Head of Director (Competition Henry Litong Chen
(Competition Economics), Competition and Competition and
Justice Antitrust of Competition Telephone: Practice
elines, and Head Division Antitrust Regulatory Practice
Economics) Partner
+65 6890 7670
der for of a European MNC
ations Telephone: Team
Economics
+65 6890 7663
sistant Facsimile:
in the Facsimile: +65 6302 3031
submissions6302 3053
+65 of Part III
isions to the Competition Email:
Email: mark.tan@allenandgledhill.com
ations elsa.chen@allenandgledhill.com
ed by Address:
compliance programmes for Allen & Gledhill LLP
f/GEP Address:
airline, energy, One Marina Boulevard #28-00
surance, Allen & Gledhill LLP
eview Singapore 018989
One Marina Boulevard #28-00
turing and raw 018989
Singapore materials AUSTRALIA KOREA HONG KONG CHINA
Minter Ellison Yoon and Yang LLC Cleary Gottlieb King & Wood
Paul Schoff Kwon Hoe Kim
KWON HOE KIM Steen and Hamilton Ding Liang
ked on include: Partner, Competition
Partner Partner LLP Of Counsel
and Regulatory PracticeYang (formerly Yoon Yang Kim Shin & Yu)
Yoon & Matthew Bachrack
for +82-2-6003-7566
+82-11-715-0317
Senior Attorney
e recommended £8.6 billion
mited, kkim@hwawoo.com
and Friends Provident plc,
dings/ Kwon-Hoe Kim (“KH”), a graduate of Seoul National University School of Law, earned
ution plc acquiring Friends
stries,
LL.B (1988), LL.M (1995), and Ph. D (2005) in competition laws. KH is a member of
the Seoul Bar Association (1991) and the NY Bar Association (1999).
ended £4.9 billion cash and
W
KH advises on various aspects of Korean competition laws, including abuse of market
nd finally the recommendedonset of new anti-monopolyactivities,pharmaceutical comregulations presenting widespread implications for doing
ith the power, merger regulation, cartel and and unfair trade practices, for high-profile
international software and IT companies,
antitrust panies and financial
ance plc;
posed business throughout Asia Pacific, it is more important than ever to ensure that you remain compliant with the
companies.
latest guidelines. Thisalso advises onleading finance matters for Korean and international institutions update on the latest regulations and best
KH is the banking and forum for anyone seeking an
such as KDB, IBK, KB, NH, OCBC, DLL and GE Capital.
the establishment of competition law, and will be especially relevant for those looking to acquire or do business with companies
practices in joint
KH’s practice areas extends further tho cross-border investment into Korea from around
ledprivate companies, in the
of by in other APAC jurisdictions. the world and various corporate general and labor matters for many local and foreign
urance, finance and aviation
olistic
invested enterprises in Korea.
KH is an executive member of the Seoul National University Competition Law Center
nesian Conference highlights: and Competition Law Forum of Korea and a visiting professor of competition law at
Hongik University School of Law. KH has also served as advisory counsel to the
• Comparative approaches and Commerce,practices to Korea. KH now serves as ainterpretation and enforcement of competition laws in
Ministry of best Industry and Energy of illustrate the member of the
he establishment of various Committee for the Protection of Users of Broadcasting Services.
multiple jurisdictions throughout Asia Pacific
Airport private aviation fund, multi-jurisdictional investigations, enforcements and the consequences of any breaches
billion Publications
• Dealing with “Communication Market and Essential Facilities Doctrine,” Korea Competition Forum, 2005;
property fund.
of the • Managing a successful multi-jurisdictional M&A inof Korea,” Dissertation Paper, SNUregulatory change
“The Essential Facilities Doctrine under the MRFTA
accordance with School
of Law, 2005; “ An Overview of the Restructuring of the Financial Sector in Korea after the
Media • Understanding what is considered to be “abusive conduct” – practical examples and case studies on the fight
ill prior to moving to London
n international law firm.cartels
against He
• Developing and implementing your compliance programme with practical tips from leading experts
etition
etition
ssion. with an LLB (Hons)
ndon
ngapore Bar in 2005. He is
Participating organisations: Another event
organised by:
e Supreme Court of England
a cum
s from
s List.
Supported By:
omics
Law.
02/10
2. TOPICS INCLUDE >>>
Dealing with antitrust regulation and enforcement: Developing your compliance programme to deal
practical implications for corporate counsels with new competition law developments in China
• Interface between competition law and regulation - avoiding • Understanding the new developments in competition law in
regulatory blind spots China (the Anti-Monopoly Law, the Price Law and the Anti-Unfair
Competition Law)
• Understanding the key policy drivers that can shape your dealings
with the regulators • Realizing the levels of sophistication for compliance/enforcement
in China (e.g., an exclusive sales arrangement investigated and
• Operating in regulatory environments where there is little or no penalized as commercial bribery)
guidance on how regulations should be interpreted
• Difficulties in designing and implementing a competition law audit
• Understanding different jurisdictions’ levels of sophistication and in China
consequences for compliance/enforcement: China, Hong Kong,
Singapore, Indonesia, Malaysia • How to manage competition law risk to an optimal level
Understanding the objectives of the Asean
Practical implications of recent developments in Blueprint 2015
the fight against cartels
• Update on the progress of Asean Competition Experts Group
• Dealing with regulatory enquiries / internal investigations
• An overview of competition law in Asean countries
• Decision factors for seeking leniency / immunity
• What this means for companies with pan-Asean operations
• Managing simultaneous dawn raids across different jurisdictions
• The practicalities of defending cartel investigations in multiple PLUS: Panel discussion on avoiding potential
jurisdictions violations of anti-monopoly policies including-
• Multi-jurisdiction co-operation: understanding how enforcement • Abuse of dominance/monopoly power - how does the approach
authorities collaborate differ between jurisdictions?
• What type of price discrimination could be considered abusive
A best practice guide to managing a multi- conduct? Practical examples and case studies
jurisdictional M&A in accordance with changing
regulations • Identifying current enforcement theories and priorities of Chinese
antitrust regulators – liabilities for companies and individuals
• Understanding and applying merger control rules in different under China’s AML
jurisdictions
• Penalties for monopoly agreements, leniency policy, abuse of IPR
• Practical considerations in coordinating a multi-jurisdictional
merger- allocating risks, forming a consistent approach across • Analysing the power of the enforcement authorities and adapting
jurisdictions, addressing country-specific concerns a global competition policy to fit Asia Pacific
• Seeking merger clearance: case studies and lessons
SPEAKERS >>>
Allen & Gledhill LLP (Singapore) Minter Ellison (Australia)
Elsa Chen Paul Schoff
Deputy Director (Competition Economics), and Head of Partner, Competition and Regulatory Practice
Competition Economics Team Paul Schoff advises predominantly on the access and restrictive
Elsa Chen heads the Firm’s Competition Economics Team within the trade practices provisions of the Trade Practices Act, including
Firm’s Competition & Antitrust Practice, which is cited by Chambers misuse of market power, market sharing and price fixing. He
Global and Chambers Asia 2010 as a “market leading” competition has acted for clients including Singapore Airlines, Qantas,
team. Elsa, who is cited for her expertise in The International Who’s SingTel Optus and Commonwealth Bank of Australia. Paul also
Who of Competition Lawyers & Economists 2010, was a pioneer advises clients in the telecom sector on regulatory issues under
member of the Economics Analysis Division in the Competition Australia’s Telecommunications Act, Broadcasting Services Act and
Commission of Singapore (CCS). She was involved extensively in Radiocommunications Act. He advises on and obtains clearances
the drafting of CCS Guidelines, the CCS merger control regime, and from the Australian Competition and Consumer Commission
the CCS Block Exemption Order for Liner Shipping Agreements. (ACCC) for clients in a wide range of industries including
Prior to joining CCS, Elsa was an Assistant Director at the Ministry telecommunications, broadcasting and manufacturing. Paul joined
of Trade and Industry of Singapore involved in the drafting of the Minter Ellison in 1997 with experience including two years as
Competition Act and the setting up of the CCS. During her time at Associate to a judge of the High Court of Australia. He has worked
CCS, Elsa received specialist training in competition economics and in the London office of Minter Ellison for 18 months and assisted on
law from UK Office of Fair Trading, UK Competition Commission, US various European Competition law matters.
Department of Justice and US Federal Trade Commission.
WongPartnership LLP (Singapore)
Allen & Gledhill LLP (Singapore) Ameera Ashraf
Mark Tan Partner, Head of Competition and Regulatory Practice
Senior Associate, Competition and Antitrust Practice Ameera Ashraf advises clients on a full range of competition issues.
Mark Tan is a lawyer in the Competition & Antitrust Practice of In the context of merger control, she advises clients on notifications
Allen & Gledhill LLP. Mark, who specialises in competition law, of mergers to the Competition Commission of Singapore (“CCS”),
has provided industry-specific antitrust advice and compliance coordinates multi-jurisdictional merger filings and assists clients
services to clients in various industries including pharmaceutical, in undertaking competition due diligence for each transaction,
aviation, hospitality, banking, raw materials and manufacturing reviewing the target’s commercial contracts to ensure that risks are
industries. Mark routinely advises clients on matters involving appropriately allocated. She also advises on joint ventures, licensing
the Competition Commission of Singapore (the “CCS”), including agreements, pricing issues, exclusive dealing arrangements, and
notifications of agreements between competitors and notifications other commercial terms, and offers guidance in investigations
of mergers to the CCS, investigations conducted by the CCS, filing by the CCS of infringements of the Competition Act, including
of representations to the CCS, and lodgment of complaints. Mark investigations of alleged cartel activity. Ameera is recommended as
was an Associate in the competition team of Allen & Gledhill LLP a leading Competition lawyer by various independent publications.
prior to moving to London in 2007 for two and a half years with an
international law firm. He rejoined the Firm in 2009.
3. Cleary Gottlieb Steen and Hamilton LLP (Hong Kong) Competition Law. The International Who’s Who of Competition
Matthew Bachrack Lawyers & Economists 2010 and the Guide to the World’s Leading
Senior Attorney Competition & Antitrust Lawyers/Economists 2010 both recognises
Matthew I. Bachrack is a senior attorney based in the Hong Kong Ee-Kia as a leading economist in Singapore.
office. His practice focuses on antitrust counseling, particularly
with respect to the United States and the developing antitrust Yoon and Yang LLC (Korea)
regimes in Asia, and civil antitrust litigation. He also has extensive Kwon Hoe Kim
experience with multi-jurisdictional pre-merger filings. Mr. Bachrack Partner
has published articles and spoken regarding the development of Kwon-Hoe Kim (“KH”), a graduate of Seoul National University
China’s competition regime. In addition, he has worked with the School of Law, earned LL.B (1988), LL.M (1995), and Ph. D (2005)
ABA’s Sections of Antitrust Law and International Law that provide in competition laws. KH advises on various aspects of Korean
comments to China’s antitrust agencies regarding draft rules and competition laws, including abuse of market power, merger
guidelines under China’s Anti-Monopoly Law. regulation, cartel activities, and unfair trade practices, for high-
profile international software and IT companies, pharmaceutical
King & Wood (China) companies and financial companies. He is an executive member
Ding Liang of the Seoul National University Competition Law Center and
Of Counsel Competition Law Forum of Korea and a visiting professor of
Mr. Ding Liang specialises in International Trade, WTO dispute competition law at Hongik University School of Law. KH has also
settlement, and antitrust/competition law. In antitrust and served as advisory counsel to the Ministry of Commerce, Industry
competition, Mr. Ding has advised clients in the software; beverages; and Energy of Korea. KH now serves as a member of the Committee
telecommunications; finance; and chemical & pharmaceutical for the Protection of Users of Broadcasting Services.
industries, on business models, pricing, and on market planning
among affiliated companies or business partners. He has provided MWE China Law Offices (China)
Anti-Monopoly Law training and co-authored a book on Anti- Henry Litong Chen
Monopoly Law of China. Partner
Henry Chen has practiced for more than 15 years with both
Drew and Napier LLC (Singapore) prestigious international and domestic Chinese law firms. He has
Ee-Kia Ng handled many significant cases and projects for both international
Director (Competition Economics) and domestic clients in the areas of international arbitration,
Ee-Kia heads the Competition Economics unit within the compliance with Chinese Anti-Monopoly Law (AML), antitrust
Competition Law Practice Group of Drew & Napier LLC, which filings, competition law audit, FCPA investigations and audit. Due
has been as the leading antitrust firm in Singapore for the 3rd to his achievements in antitrust filing and audit in 2009, Henry
consecutive year since 2008. Previously, Ee-Kia was the Director of and his team won the Best AML Practice Award of Shanghai Luwan
Economics at the Competition Commission of Singapore (CCS). She Judicial Bureau 2009. Henry speaks and publishes frequently
was responsible for developing policy frameworks and guidelines on legal issues concerning China law, Chinese regulatory
in relation to the Competition Act as well as conducting economic governmental affairs, and international and domestic dispute
analysis in assessing notifications and investigation of competition resolution. Henry is Commissioner of the Economic Committee of
cases. She holds a Master of Laws as well as Postgraduate All China Lawyers’ Association and is a licensed lawyer of the PRC
College Diplomas in both EC Competition Law and Economics for and New York State.
Contact Samantha Tel: (65) 6423 4631 Email: samantha@keymedia.com.sg Fax: (65) 6423 4632 Website: www.keymedia.com.sg
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