Date : 7 July 2015

Address: Park Lane Hong Kong a Pullman Hotel – Park Lane Room

               27th Floor, 310 Gloucester Road, Causeway Bay, Hong Kong

Hong Kong’s new competition regulation calls for companies operating in Hong Kong to take careful consideration of their turnover figures and see how it will affect them. Asian Legal Business, commited to upholding timely and professional discourse of pressing regulatory updates, is holding the ALB Hong Kong Competition Ordinance Forum on 7 July 2015. This event will highlight the three important compliance requirements and what counsel and compliance experts should know about the investigation, enforcement, and adjudication processes, ensuring full security for businesses in Hong Kong.

KEY TOPIC HIGHLIGHTS:
• Investigative powers and penalties
• Implications for the transport and commodities industries
• Business Issues for in-house counsel
• Issues of competition law in Asia
• Comparative analysis of competition regime in other regions and jurisdictions
• Strategies and procedures in submitting required economic evidence
• Current cases analyses of breaches in competition around the globe

 

 Please see brochure here. 

 

8:30

Registration and networking 

9:10

Chair's welcoming address

9:15The Competition Ordinance: why is it needed, what will it do for the market and will it have teeth?
  • Competition Law around the globe: Where are we at and what are the progressive changes?
  • Understanding the importance of promoting the competitive environment, fair market and keeping the interests of small investors and the whole Hong Kong society
  • Jurisdictional scope of the ordinance and the definition of an ‘undertaking’
  • Highlights and importance of innovation Hong Kong’s products and services and enhancement of efficiency in supply

Marta Garcia
Partner, Competition
Stephenson Harwood

9:45

Interactive Panel Discussion: Are the draft guidelines effective to battle anti-competitive behavior?

  • Guides on complaints, investigations, and applications for decisions
  • Differentiating business disputes to bid-rigging: the business of pre-determined competition agreements
  • Market threshold: does market share determine market power?
  • Pecuniary penalty: is it enough sanction to demolish anti-competitive behavior?

Anthony Chiu
Deputy General Counsel
AIA International Limited

Miranda Yeap
Senior Manager - Council Services
Construction Industry Council

Raymond Min-Yaw Goh
Director
Anbang Asset Management

10:45

Networking refreshment break

11:00

First Conduct Rule: balancing the effects anti-competitive behaviour through the “rule of reason?”

  • In depth analysis of anti-competitive conduct, ie price fixing, market allocation, output control and bid rigging and lesser anti-competitive conduct.
  • How do you distinguish between serious anti-competitive conduct and lesser anti-competitive transgressions of the new ordinance?
  • Enforcement of the ordinance: understanding the administrative proceedings before the commission and the judiciary proceedings before the Tribunal
  • Vertical agreements: is it anti-competitive or will it be subjected to rule of reason? 

Knut Fournier
Chairman
Hong Kong Competition Association

11:30Second Conduct Rule: Abuse of market power
  • What is the Second Conduct Rule about
  • “Substantial degree of market power”: acomparative analysis
  • “Abuse”: a comparative analysis
  • Examples provided in thre Revised Draft Guideline on the Second Conduct Rule
Kelvin Kwok,
Assistant Professor of Law and Deputy Director of the BBA Law
University of Hong Kong (HKU)
 
12:00Third Conduct Rule: Merger control in Hong Kong and the dawn of the new competition era.
  • Provisions relating to the establishment, functions and powers of the new Competition Commission and the requirement to issue guidelines on the merger rule
  • Are other sectors and industries in Hong Kong in need of protected from anti-competitive measures?
  • Permissible monopolies and oligopolies in other sectors: how will these affect all industries other than telecommunication
12:30Networking Luncheon
13:30Interactive Panel Discussion: Assessing Hong Kong’s scope of market investigation powers
  • Regulating unfair trade agreement and market entry barriers
  • Investigating and prohibiting deliberately acts of oligopolies, unfair trade agreement and market entry barriers
  •  Case analyses of current unfair trade practices in Hong Kong and how the lack of its investigative power affects the ordinance
Kelvin Kwok,
Assistant Professor of Law and Deputy Director of the BBA Law
University of Hong Kong (HKU)

Knut Fournier
Chairman
Hong Kong Competition Association

  •  14:30
The Competition Commission: how will it investigate anti-competitive conduct, enforce the provisions of the Ordinance, and maintain a free and level playing field?
  • The Competition Rules - Overview of the Competition Rules and summary of the commssion’s posiion as regards the approach it will take with respect to these rules
  • The enforcement “tools” available to the Commission
  • “Remedies” under the Ordinance
  • Complaints and applications for decisions and block exemptions
Philip Francis Monaghan
Executive Director (General Counsel)
Competition Commission
 15:00Networking refreshment break
15:15Comparative Analysis: Competition in the Hong Kong perspective amidst the success of the Singapore Competition Law
  • Enforcement disparity: as authorities gain experience, how will Hong Kong Ordinance be at par with Singapore?
  • highlights of the similarities and differences of the Hong Kong Law and Singapore Law
  • Analyses of the differences in antitrust concepts of the Hong Kong and Singapore markets
Burton Ong

Associate Professor of Law and Deputy Director
National University of Singapore

15:45Interactive Panel Discussion: Role of the compliance expert–steps to compliance heaven
  •      Ensuring current practices are compliant\
  •      Assessing audit arrangement and business practices
  •      What you need to know what you need to implement in your company to draft a sound compliance programme
  •      Creating a culture of compliance: rolling out compliance from the top to the bottom
Marta Garcia 
Partner - Competition 
Stephenson Harwoood   
 
Veronica Lockyer 
Vice President, Regulatory Compliance 
PCCW   
 
Gary Soo 
Arbitrator 
Gary Soo's Chambers  
 
Louis Lee
General Manager - Lega
lControl Automation  
16:45

Chair's closing remarks

17:00

Conference closes

 

Philip Francis Monaghan
Executive Director (General Counsel)
Hong Kong Competition Commission
Mr. Philip Monaghan was appointed to the position of Executive Director (General Counsel) of the Competition Commission (CC) in June 2014. Immediately prior to his appointment to CC, Mr. Monaghan was in private practice in Hong Kong with an international law firm advising Hong Kong businesses, Asian companies and global multinationals on competition law issues arising under antitrust laws worldwide. Before relocating to Hong Kong in 2007, Mr. Monaghan worked in the competition and economic regulatory departments of international legal practices in London and Brussels. With over a decade of experience in competition law, his private practice work has covered competition compliance, restrictive agreements and cartels, abuse of market power matters and multi-jurisdictional merger control. Mr. Monaghan has represented clients involved in antitrust investigations and reviews conducted by various international competition authorities. He has been legal advisor to one of the United Kingdom's sectoral economic regulators and has assisted UNCTAD, the ASEAN Experts Group on Competition and regional Asian authorities with competition capacity building initiatives. Mr. Monaghan was admitted as a solicitor in Hong Kong in 2009. He is also admitted as a solicitor in England and Wales and in the Republic of Ireland (though currently non-practicing in the Republic of Ireland). Mr. Monaghan graduated with an LLB (Hons) from Queen Mary, the University of London. He also holds a Postgraduate Diploma in EU Competition Law from King's College London and an MA in French literature from the National University of Ireland (Dublin).
 

 

Miranda Yeap, 
Senior Manager - Council Services
Construction Industry Council
Ms. Miranda Yeap joined the Construction Industry Council (“CIC”) in April 2014 as Senior Manager – Council Services. Ms. Yeap graduated from the University of Hong Kong with a Bachelors Degree in Law. Ms. Yeap has about 20 years’ experience working with the government as an Administrative Officer and had worked in various government bureau and departments, including the Development Bureau, the Innovation and Technology Commission, Home Affairs Bureau, Security Bureau, etc. Before joining the Council, Ms. Yeap was a Senior Manager – Council Services at Hong Kong Productivity Council. Ms. Yeap will oversee the work of the CIC Secretariat to provide secretariat support to the Construction Industry Council, its Committees and Task Forces. She is also responsible to develop and co-ordinate initiatives for improving the quality and competitiveness of the construction industry.
 
Knut Fournier
Chairman
Hong Kong Competition Association
Prior to moving to Hong Kong, Knut worked as a monitoring trustee for competition authorities in Europe, in the United States, in Brazil and in China.  He published extensively on competition law, including recently on merger remedies in Singapore, Hong Kong telecom merger remedies, and on competition policy and the Hong Kong broadcasting sector.  He holds law degrees from the University of Paris and from King College London.  Last year, Knut was teaching law at the City University of Hong Kong and before that was an Academic Visitor at the University of Oxford. He is finishing a PhD on competition law in Hong Kong at the University of Leiden. He is currently the Chairman of the Hong Kong Competition Association. 
 
 
Kelvin Kwok,
Assistant Professor of Law and Deputy Director of the BBA Law
University of Hong Kong (HKU),
Kelvin Kwok is an Assistant Professor of Law and Deputy Director of the BBA Law double-degree programme at the University of Hong Kong (HKU), where he specialises in competition law. A graduate of HKU and the University of Chicago, he taught briefly at the HKU Faculty of Business and Economics before joining the Faculty of Law in August 2012.Kelvin was recently called to the Hong Kong Bar and commenced limited practice in April 2015. He began to advise on competition law matters as an ad-hoc consultant prior to joining the Bar. He has experience dealing with a competition matter under the Broadcasting Ordinance and applications concerning exclusion/exemption under the Competition Ordinance. He has been involved in various commercial and civil matters as a pupil at Des Voeux Chambers. Kelvin serves as an executive committee member of the Hong Kong Competition Association and a co-opted member of the Hong Kong Consumer Council. He was, upon nomination by the Hong Kong Competition Commission, an Non-Governmental Advisor to the International Competition Network (ICN) for the 2014 ICN Annual Conference. He has published internationally on competition law and is regularly interviewed by the local media on competition law issues.
 
 
Burton Ong
Associate Professor of Law and Deputy Director
University of Singapore
Associate Professor Burton Ong LL.B (NUS), B.C.L (Oxon), LL.M (Harv) is an Associate Professor at the Faculty of Law of the National University of Singapore where he teaches and researches in the areas of Competition Law, Intellectual Property Law and Contract Law. He is a Director at the NUS Centre for Law and Business (CLB) and Deputy Director of the Asia-Pacific Centre for Environmental Law (APCEL). He also serves as the Chairman of the Gas Market Surveillance Panel, the branch of the Energy Market Authority (EMA) responsible for regulating competition in the gas industry.
 
Marta Garcia,
Partner - Competition
Stephenson Harwoood
Marta has extensive experience advising international companies on the full spectrum of EU and UK competition law, and in particular, regularly advises clients on global antitrust matters as trends and developments in the antitrust community increasingly become more global. Marta has broad experience advising clients on behavioural matters, in particular, defending clients involved in international cartels, abuse of dominance and resale price maintenance investigations by the European Commission, the European Courts and UK competition authorities.  Marta advises companies on all stages of such investigations, from any unannounced dawn raids through to internal investigations/audits, immunity/leniency applications, preparation of defences, settlements and appeals before the courts. She is especially experienced in providing clients with competition law compliance advice and training.  Marta has developed, rolled out and delivered competition compliance policies, do’s and don’ts guidance at trade associations/meetings with competitors, pricing guidelines and training to organisations across different regions of the world, such as Asia, including Singapore and Hong Kong; Africa, including Nambia, Zimbabwe and South Africa; Latin America, including Brazil, Argentina and Chile; and Europe.  Marta also has significant experience advising on general commercial arrangements such as distribution, agency, selective distribution and franchising systems, joint ventures and strategic alliances.  She also regularly advises and has extensive experience advising companies on international merger control issues arising in corporate transactions, M&A, private equity and joint ventures.  She advises on the jurisdictional and substantive issues arising in merger control filings, due diligence, data room procedures and clean teams, gun-jumping and information exchange arising in the context of a transaction.Marta’s competition law knowledge and experience spans across various industry sectors, including transportation (rail and shipping), consumer goods & retail, luxury goods, tobacco, energy, mining/commodities, financial services, insurance and construction.
 
Anthony Chiu
Deputy General Counsel
AIA International Limited
Mr. Anthony Chiu joined AIA International Limited in year 2010 and he is currently the Deputy General Counsel of its Hong Kong and Macau branch. Anthony graduated from the University of Leicester with a Bachelor Degree in Law, and he also obtained a few postgraduate qualifications including a Postgraduate Diploma in EU Competition Laws with King’s College London. He is a contributing editor to several chapters of Hong Kong White Book series. Currently he is serving as a member of few statutory appeal boards and also a taskforce member of Hong Kong Federation of Insurers on Competition Laws. Anthony has some experience in advising his organization on certain competition law issues and is keen to develop himself an expertise in the area of competition laws.
 
Gary Soo
Arbitrator
Gary Soo's Chambers
Mr. Gary Soo is a practising Barrister and Chartered Engineer. He has been practising in areas of civil litigation involving commercial and construction disputes and arbitration for some 20 years. From 2008 to 2010, he took up the position to serve as the Secretary-General of the Hong Kong International Arbitration Centre. Also, he was the President of the Hong Kong Institute of Arbitrators, from the year of 2006 to 2008 & 2010 to 2011. Mr. Soo is now a Vice-Chairman of the Nansha International Arbitration Centre and the First Chairman of the Guangdong, Hong Kong and Macau Commercial Mediation Alliance. He has served in dozens of international cases involving both ad hoc and institutional arbitrations (including HKIAC, ICC, CIETAC, SCIA etc.) as party-appointed arbitrator, sole arbitrator or presiding arbitrator. Mr. Soo is an CEDR Accredited Mediator as well. He is a Fellow of The Chartered Institute of Arbitrators and The Hong Kong Institute of Arbitrators, a Member of the Institution of The American Society of Civil Engineers, The Institution of Structural Engineers, The Institution of Civil Engineers, The Hong Kong Institution of Engineers and The Chartered Quality Institute. He is also a listed panelist for domain name disputes of the Hong Kong International Arbitration Centre, the China International Economic Trade and Arbitration Commission, and the Asian Domain Name Dispute Resolution Centre. He is also on the panel of arbitrators of the World Trade Center Macau Arbitration Center and a number of arbitration commissions in Mainland China. He is also the co is also the cois also the cois also the co is also the co is also the co is also the cois also the co -author of the book author of the book author of the book author of the book author of the book author of the book author of the book author of the book “ConstructionConstruction Construction Construction Law and Practice in Hong KongLaw and Practice in Hong KongLaw and Practice in Hong KongLaw and Practice in Hong KongLaw and Practice in Hong KongLaw and Practice in Hong Kong Law and Practice in Hong KongLaw and Practice in Hong Kong Law and Practice in Hong Kong Law and Practice in Hong KongLaw and Practice in Hong KongLaw and Practice in Hong Kong Law and Practice in Hong Kong Law and Practice in Hong KongLaw and Practice in Hong Kong ”, a contributing contributing contributing authorauthor of of “Construction Construction Construction Construction Arbitration in Hong Kong: 
 
Veronica Lockyer
Vice President (Regulatory Compliance)
PCCW Limited
Ms. Lockyer has been vice president responsible for regulatory compliance at PCCW since September 2013. Based in Hong Kong her role involves advising PCCW Limited group companies on regulatory compliance issues, including competition law issues, in both the telecoms and broadcasting sectors. Prior to working at PCCW, Ms. Lockyer spent more than 10 years in private practice at international law firms working in London, Brussels and Shanghai. Her practice covered a range of commercial and regulatory areas. She has experience in all aspects of competition and antitrust law and covering sectors including retail, groceries and branded goods as well as telecoms and broadcasting. Ms Lockyer is admitted as a solicitor in England and Wales.

 

 

For more information about the event, please contact Prince Gregorio on prince.gregorio@thomsonreuters.com / +632 789 5328

Register before 12 June to save US$100 with the early bird rates, and special rates apply for in-house legal and compliance teams!
 
Attendance rates are as follows (early bird rate / standard rate):
 
  • In-House legal & Compliance teams, Academics, Government and Not-For-Profit groups = US$390 / US$490
  • Law Firms, Consultants, Service Providers = US$590 / US$690
To book your place, please click non the llink above for online registration, or contact Sheila Lum on sheila.lum@thomsonreuters.com / +65 67870 3252
 
***Group discounts also apply - book 5 passes and receive a 20% discount - please contact Sheila for more information***

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