2nd Advanced Conference on China Antitrust 第二届中国反垄断高级研讨会
American Conference Institute is delighted to announce the 2nd Advanced Conference on China Antitrust which will take place once again in Shanghai, 20–21 September 2016.
This exclusive conference is specifically designed for China in-house counsel, compliance officer, antitrust lawyers and consultants, and will provide a comprehensive and practical China antitrust roadmap. ACI has selected the most senior in-house antitrust counsel, compliance officers from various industries, leading consultants and lawyers in the area to discuss how to resolve the most challenging issues in China
antitrust field.
AmericanConference.com/ChinaAntitrust
Use Registration Code: B00-979-LNK17
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ACIAmerican Conference Institute
Business Information in a Global Context
2nd
Advanced Conference on
CHINA
ANTITRUST
September 20–21, 2016
Marriott Shanghai City Centre | Shanghai, China
第二届中国反垄断高级研讨会
Conference Co-Chairs:
Matthew J. Kendrick
General Counsel
Daimler
Michael Han
Partner
Fangda Partners
Get Practical Insights from Senior In-house Counsel
Benjamin Bai
Vice President and Chief Intellectual
Property Counsel
Ant Financial
Dick Rinkema
Senior Attorney, Competition Law
Microsoft Corporation
Robert Ma
Legal Counsel
Lead of Greater China Legal Team
Texas Instruments
David Shen
Vice President Legal, General Counsel
AstraZeneca China
Frank Li
Antitrust Counsel
GE China
Henry Chen
Asia Pacific Compliance Director
Ford Motor Company
Janice Tsang
Compliance Counsel
Legal and Compliance Department
Porsche (China) Motors Limited
Gang Chen
Senior Legal Counsel
Bosch (China) Investment
Christine Zhuang
Head of Legal China Pharma Operation
Sanofi
Edwin C. Li
Director & General Counsel
Legal, Insurance & Intellectual Property
BASF China
Victor Shen
Chief Legal Counsel
Henkel Greater China & Korea
This acclaimed conference features insightful discussions on:
• Practical Analysis of Recent High Profile Cases
and Current Antitrust Enforcement Landscape
• In-house Counsel and Compliance Officers Discuss
How to Adjust Corporate Strategy and Business
Model to Meet Compliance Requirements
• A Deep Dive into Latest Investigations Procedure:
Special Focus on Leniency, Commitment, Fine
Calculation, Exemption
• How to Maximize IPR without Running Afoul
of Antitrust Law: SEP and Non-Essential Patents
• Complex Scenarios in Merger Control Reviews:
Early Stage M&A Planning and Effective Remedy
Strategy to Expedite Approval
• Top 10 Pitfalls in the Distribution Channel
• Lesson Learned from the Automobile Industry:
Best Practices to Minimize RPM, After-Sales,
and Vertical Channels Pitfalls
Keynote Speakers:
Professor Wang Xiaoye
王晓晔教授
Senior Advisor,
Board Member
China Anti-Monopoly
Commission,
China State Council
中国国务院反垄断委
员会专家组成员
Sponsored By:
2. Join the Conversation @ACI_IntTrade #ACIChina ACI China
Get first-hand insights from the leaders
of the China Antitrust bar and senior
in-house counsel. No other conference
provides such practical benchmarking
opportunities.
American Conference Institute is delighted to announce the
2nd
Advanced Conference on China Antitrust which will take place
once again in Shanghai, 20–21 September 2016.
The China antitrust enforcement landscape is changing dramatically.
High profile antitrust enforcement will affect more companies in
China than ever before. Antitrust guidelines are being revised now by
China Antitrust bureau. Recent investigations targeting companies
in various industry sectors ranging from Telecom to Automotive and
Technology illustrate that monopoly can become a serious concern
for companies doing business in China. Now is the time to review
and upgrade your antitrust strategy.
This exclusive conference is specifically designed for China in-house
counsel, compliance officer, antitrust lawyers and consultants, and will
provide a comprehensive and practical China antitrust roadmap. ACI
has selected the most senior in-house antitrust counsel, compliance
officers from various industries, leading consultants and lawyers in
the area to discuss how to resolve the most challenging issues in China
antitrust field.
Why this conference is unique
• Two months of solid research to ensure panels only focus on
the most pressing and timely issues. Agenda will be updated
until date of the conference to ensure all relevant cases and
developments are covered.
• Industry presenters from technology, automotive, consumer
products, internet, healthcare, and manufacturing.
• Leading consultants and private practitioners who all have
real-life antitrust case experience.
• American Conference Institute has been rated a top value
conference organizer by legal and compliance professionals
in China.
Reserve your place today of what is already regarded
as a one of kind antitrust event in China. Group rates
are available. Register early to secure your place at this
important conference.
大会第一天 2016年9月20日
9:00
大会主席致辞
9:15
中国反垄断案例聚焦:实务分析
重大案例及反垄断执法的动向
10:15
茶点休息
10:30
企业法务和合规官讨论:如何
才能调整公司战略和经营模式
以符合当今中国反垄断的合规
要求
11:45
中国国务院反垄断委员会专家
咨询组副组长致辞
12:30
与会者与演讲嘉宾互动午餐
13:30
知识产权:如何使知识产权发挥
最大优势而不触犯反垄断法规
的要求:聚焦标准必要专利和其
他非标准必要专利中的问题
14:45
深入讨论最新的调查程序的改
变:聚焦宽大处理申请,承诺终
止调查,罚款计算,及豁免。
如何平衡配合调查和保护公司
利益最大化
16:15
茶点休息
16:30
从汽车行业中学到的经验,如何
解读和新的汽车行业的反垄断
指南和实践调整反垄断合规
17:30
大会第一天结束
大会第二天 2016年9月21日
9:00
大会主席致辞
9:05
讨论合并审批中遇到的反垄断
难题。如何在合并早期做好合
理规划和有效补救,确保及时
通过审批
10:05
10大销售渠道难点讨论:在保
护企业的利益下如何减少反垄
断的风险
11:15
茶点休息
11:30
反垄断危机评估指南:如何做
好阶段性评估及有效补救发现
的危机
12:30
大会结束
互动工作室:2016年 9月21日
14:00–17:00 (13:30开始登记)
互动工作室:发改委,工商局,警察,仿真突击检查角色扮演
会议议程一览
中文咨询请联系Jacqueline Xu 许培慧
j.xu@AmericanConference.com
3. Register Now | +44 20 78786888 (Europe) or +1 416 926 8200 (USA)
AmericanConference.com/ChinaAntitrust
a C5 Group Company
Business Information in a Global Context
Main Conference Day 1
September 20, 2016
9:00
Co-Chairs Opening Remarks
大会主席致辞
Matthew J. Kendrick
General Counsel
Daimler China (Beijing)
Michael Han
Partner
Fangda Partners (Beijing)
9:15
Inside the Latest Antitrust Crackdown: Practical
Analysis of Recent High Profile Cases and What
Current Antitrust Enforcement Landscape Reveals
on Risks and Main Targets
中国反垄断案例聚焦:实务分析重大案例及反垄断执法的
动向
Michael Han
Partner
Fangda Partners (Beijing)
Government speakers
Chinese Antitrust Agencies (Invited at time of print.
Check the website for speaker updates)
• Face to face discussion with senior officials from Chinese Antitrust
agencies to get the insights on the overall enforcement landscape
in China
• Discussion on the future enforcement trends and priorities
10:15
Coffee and Tea Break
茶点休息
10:30
In-house Counsel and Compliance Officer
Think Tank: How to Adjust Corporate Strategy
and Business Model to Meet China Antitrust
Compliance Requirements
企业法务和合规官讨论:如何才能调整公司战略和经营模
式以符合当今中国反垄断的合规要求
Robert Ma
Legal Counsel
Lead of Greater China Legal Team
Texas Instruments (Beijing)
Victor Shen
Chief Legal Counsel
Henkel Greater China & Korea (Shanghai)
Brian G. Burke (Moderator)
Partner
Shearman & Sterling LLP (Shanghai)
• How to balance the dilemma of protecting company business
interests vs an effective compliance program
• How to design and draft antitrust compliance guidelines
• How to effectively engage and communicate with sales team,
technical team and R&D groups to ensure suitable strategies
will be implemented in practice
• How to combine antitrust and anti-corruption strategy into your
business plan
• Internal audit guides for your compliance program — when and
how to effectively conduct such audits in China?
• Providing adequate training for your business, operations teams
and your distributors
• How to allocate legal, HR, compliance, operations resources wisely
• How to obtain intelligence on your competitors and market
competition strategically and legally
• How to establish relationship with government authorities
to stay current on regulation and enforcement, and properly
communicate with government officials
• Planning for operations for the long term beyond the scope
of current Chinese antitrust enforcement
• How to communicate with Company decision makers and
also HQ antitrust officer and to gain their support in enforcing
compliance program in China
WHO YOU WILL MEET
òò Director and Managers of:
• Antitrust Compliance
• Compliance
• Operation
• Supply Chain
• International Trade
• Logistics and Supply Chain
• Government Relationship
• Economists
òò In House Counsel/Legal Counsel:
• Competition Counsel
• IP Counsel
• Antitrust Counsel
• Compliance Counsel
òò Outside Counsel and Consultants:
• International Trade
• Antitrust
• IP
• Disputes Resolution
• Corporate
4. Join the Conversation @ACI_IntTrade #ACIChina ACI China
11:45
Keynote Address from the Center for
Competition Law
中国国务院反垄断委员会专家咨询组副组长致辞
Member of the Advisory Board of the State Council
Antimonopoly Commission
Former MOFCOM Official
中国国务院反垄断委员会专家咨询组成员
前商务部反垄断组官员
12:30
Networking Luncheon for Attendees and Speakers
与会者与演讲嘉宾互动午餐
13:30
IP Risks — How to Maximize the Value of Patents
without Running Afoul of Antitrust Law: Standard
Essential Patents (SEP) and Non-Essential Patents
知识产权:如何使知识产权发挥最大优势而不触犯反垄断
法规的要求:聚焦标准必要专利和其他非标准必要专利中
的问题
Benjamin Bai
Vice President and Chief Intellectual Property
Counsel
Ant Financial (Hang Zhou)
David Shen
Vice President Legal, General Counsel
AstraZeneca China (Shanghai)
François Renard
Counsel, Head of A&O China Antitrust Practice
Allen & Overy LLP (Beijing)
• Where China is going with antitrust enforcement in light
of IP abuse guidelines
• What can we learn from recent agency actions and court cases?
• How to determine FRAND rates
• Can you get injunctions on SEPs
• How to license SEP portfolio? For example, how to handle
invalid or expired IPs
• What is “unfairly high pricing” and how to respond to such
inquires and investigations
• Are pharma companies being singled out on pricing issues?
• How to develop an antitrust compliance program to maximize
patent value
14:45
A Deep Dive into the Latest Investigations
Procedures: A Special Focus on Leniency,
Commitments, Fine Calculations, and Exemptions.
How to Balance Investigative Needs with Effective
Defense of the Interests of a Company
深入讨论最新的调查程序的改变:聚焦宽大处理申请,承
诺终止调查,罚款计算,及豁免。如何平衡配合调查和保
护公司利益最大化
Jacky Lingyun He
Partner
Jun He Law Offices (Shanghai)
Ninette Dodoo
Partner
Freshfields Bruckhaus Deringer LLP (Beijing)
• Discussion of recent cases and decisions by the NDRC and SAIC
on antitrust investigations and leniency applications
• Discussing the latest guidelines and developments in the conduct
of investigations, what to expect in an investigation and the
procedures involved
• What conditions need to be satisfied in order to apply for
leniency, how to apply, and the time frame for an application,
and suspension of investigations
• What evidence you can provide and preserve in your daily job to
save your company from antitrust investigation and better defend
an antitrust investigation
• What are the best practice principles for responding to an
investigation including how to provide documents and
information requested by the authorities in the investigation
• What you can do during an investigation to protect your company
• Handling global investigations and how to protect a company
involved in such an investigation
16:15
Coffee and Tea Break
茶点休息
Media Partners:
With more than 300 conferences in the United States, Europe, Asia
Pacific, and Latin America, American Conference Institute (ACI)
provides a diverse portfolio devoted to providing business intelligence
to senior decision makers who need to respond to challenges spanning
various industries in the US and around the world.
As a member of our sponsorship faculty, your organization will be
deemed as a partner. We will work closely with your organization to
create the perfect business development solution catered exclusively to
the needs of your practice group, business line or corporation.
For more information about this program or our global portfolio of
events, please contact:
Wendy Tyler
Director of Sales, American Conference Institute
Tel: 212-352-3220 x5242
w.tyler@AmericanConference.com
GLOBAL SPONSORSHIP OPPORTUNITIES
5. Register Now | +44 20 78786888 (Europe) or +1 416 926 8200 (USA)
AmericanConference.com/ChinaAntitrust
a C5 Group Company
Business Information in a Global Context
16:30
Lesson Learned from the Automobile Industry —
Best Practices to Minimize RPM, After-Sales,
and Vertical Channel Pitfalls and Risks
从汽车行业中学到的经验,如何解读和新的汽车行业的反
垄断指南和实践调整反垄断合规
Matthew J. Kendrick
General Counsel
Daimler China (Beijing)
Janice Tsang
Compliance Counsel
Legal and Compliance Department
Porsche (China) Motors Limited (Shanghai)
Jing Wen Zhu
Partner
Winston & Strawn LLP (Hong Kong)
• Discussing the Highlights of the auto sector specific antitrust
guidelines
• Introducing The regime of prohibition and exemptions
• How to mitigate the risks on RPM
• What to watch out in vertical relationship?
• How to Control online and off-line sales risks
• Sector-specific approach towards cross-sector enforcement
17:30
Day One Concludes
大会第一天结束
Main Conference Day Two
September 21, 2016
9:00
Co-Chairs Opening Remarks
大会主席致辞
9:05
Complex Scenarios in Merger Review Cases:
Early Stage Merger & Acquisition Planning and
Effective Remedy Strategy to Timely Approval
讨论合并审批中遇到的反垄断难题。如何在合并早期做好
合理规划和有效补救,确保及时通过审批
Prof. Wang Xiao Ye
Senior Advisor
Anti-Monopoly Commission, State Council;
Chinese Academy of Social Sciences,
Professor of Law, Hunan University;
Vice President of the Chinese Society
of Economic Law (Beijing)
中国社科院教授
武汉大学特聘教授
中国国务院反垄断委员会专家组成员
Frank Li
Antitrust Counsel
GE China (Beijing)
John Yong Ren
Managing Partner
T&D Associates
• What is the efficient remedy guide company can follow
step by step
• Offshore transactions: VIE Structure Issues
• How to avoid and handle concerns from third parties
and competitors
10:05
Top 10 Pitfalls in Distribution Channel: How
to Mitigate Risks While Protecting Company’s
Business Interests
10大销售渠道难点讨论:在保护企业的利益下如何减少反
垄断的风险
Fay Zhou
Partner
Linklaters LLP (Beijing)
Gang Chen
Senior Legal Counsel
Bosch (China) Investment (Shanghai)
Christine Zhuang
Head of Legal China Pharma Operations
Sanofi (Shanghai)
• How to manage and monitor distributors in each tier of a
distribution chain to ensure compliance
• How to engage distribution channel personnel to get adequate
competition and market information and decide appropriate
pricing strategies
• How to set a recommended resale price
• Identifying what price is reasonable in the region and globally
• How to set a price for service provision in different stage
of your supply chain
• How to implement antitrust compliance into a contract
• How to resolve unique situations involving unauthorized territories,
exploring the maximum discount offer by downstream distributors,
distribution margin, operating profit, minimum tax burden ratio
for downstream distributors
• Addressing other antitrust risks such as abusing dominance,
thresholds for dominance, and unfairly high prices
• How to train your sales team on antitrust compliance
11:15
Coffee and Tea Break
茶点休息
6. Join the Conversation @ACI_IntTrade #ACIChina ACI China
EXCLUSIVE ROOM RATES!
11:30
Risk Assessment: A Step by Step Guide on How to
Proactively Conduct Periodic Risk Assessments
and Effectively Remedy Identified Risks
反垄断危机评估指南:如何做好阶段性评估及有效补救发
现的危机
Dick Rinkema
Senior Attorney, Competition Law
Microsoft Corporation (Beijing)
Edwin C. Li
Director & General Counsel
Legal, Insurance & Intellectual Property
BASF China (Shanghai)
Peter J. Wang
Partner
Jones Day (Shanghai)
• How to conduct comprehensive and complete antitrust risk
assessments to identify potential risks
• What are the red flags in your business
• How to assess management, internal business team, distributor
and dealer knowledge and compliance activities
• How to trace price and non-price risk in the distribution channels.
What are effective sampling methods
• Ensuring proper documentation and preserve evidence
• Setting up satellite staff to monitor the risk
• Customizing training for internal employee and distribution partners
• How to utilize in-house resources to build a clear and transparent
communication and reporting system
• How to report to compliance officers, legal counsels,
and upper-management
• How often should you re-assess risks and how to adjust
your strategy
• Innovative tools and method for risk assessments
12:30
Co-Chairs Closing Remarks
and Main Conference Ends
大会结束
Lunch for Working Group Attendees
Interactive and Practical
Working Group
September 21, 2016
14:00 – 17:00 (Registration Begins at 13:30)
Dawn Raid Role Play Case Study: How to
Respond to the Most Vigorous Investigations
by the NDRC, AIC and the Police
互动工作室:发改委,工商局,警察,仿真突击检查角色
扮演
Heyue (Kate) Peng
Partner
King & Wood Mallesons (Beijing)
Henry Chen
Asia Pacific Compliance Director
Ford Motor Company
Dawn raid and government investigation are always the biggest
challenge for multi-national companies. In-house counsel and
compliance officers usually don’t have any experience how to draft
a plan and strategy to respond to the Government’s investigation.
This interactive working group is led by experienced lawyers, who
will take you through hypothetical scenarios and guide you through
what would happen in the investigation, what kind of plan you
should have and what right you have during the investigation and
how to best respond to government agencies while protecting your
business interests.
• How you should response when you received a dawn
raid request
• How to put together a team to deal with dawn raids
• How significant are investigatory power of antitrust of antitrust
agencies, and what information of are they able to access
• What is the normal process of a dawn raid
• What companies and their advisors can do to engage
with the authorities during the dawn raids
• How to provide information and documents requested
by the authorities, and how much you should disclose
• What rights and privileges you can use as defenses during
a dawn raid
• Risk management preparations for dawn raids
American Conference Institute is pleased to offer
our delegates a limited number of hotel rooms at a
preferential rate. Please contact the hotel directly and
mention “ACI’s China Antitrust” to receive this rate.
This year marks 30 years since the inception of C5 Group. It is time to match our
brand with the dynamic strides we have made. Our new brand look and language
will be fully revealed soon. Stay tuned for more exciting changes.
ACIAmerican Conference Institute
Business Information in a Global Context
Venue: Marriott Shanghai City Centre
Address: 555 Xizang Middle Rd, Huangpu, Shanghai, China
TEL: +86 21 23129226
Online tinyurl.com/ChinaAntitrust16
8. 979L17.WEB
REGISTRATION CODE
Attention Mailroom
If undeliverable to addressee, please forward to:
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Antitrust Counsel, Compliance Counsel
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please email data@americanconference.com
or fax the label on this brochure to 1-416-927-1563.
American Conference Institute
45 West 25th
Street, 11th
Floor
New York, NY 10010
ACIAmerican Conference Institute
Business Information in a Global Context
2nd
Advanced Conference on
CHINA ANTITRUST
2nd
Advanced Conference on
CHINA
ANTITRUST
September 20–21, 2016 | Marriott Shanghai City Centre | Shanghai, China
September 20–21, 2016
Marriott Shanghai City Centre | Shanghai, China
第二届中国反垄断高级研讨会
第二届中国反垄断高级研讨会
EARN CLE/CPE
CREDITS
EARN CLE/CPE
CREDITS
高端中国反垄断企业风险防控经验
对比交流研讨会详情请阅会议议程
“The event was truly informative and highly engaging.
The well-selected topics and in-depth discussions did
address real issues and problems in the antitrust practice
in China. I would highly recommend to those interested.”
Lead of Greater China Legal Team, Texas Instruments
“Good conference. Well organized.
Nice to meet colleagues in this area!”
Director, Alix Partners