Advanced Seminar on China Anti-Trust

Registration Begins and Coffee/Tea Served

​ 签到早餐

Conference Co-Chairs Opening Remarks

大会主席致辞

Responding to China Antitrust Enforcement Uptick: How to Proactively Prepare for New Risks Amid Increased NDRC and SAIC Activity

• Contrasting NDRC and SAIC functions, their roles and interaction in antitrust enforcement
• What individual goal NDRC and SAIC have in China, what industry or particular products are their priority
• What recent cases reveal on future antitrust enforcement trends in China
• What triggers enforcement, what are current investigations legal bases
• How significant is agencies investigative power, and what information they are able to access
• What is the normal process of an antitrust investigation
• What companies and their advisors can do to engage NDRC and SAIC for the investigation
• How to provide evidence during the investigation, and how much you should disclose
• What is right to defend for your NDRC and SAIC investigation

中国反垄断执法的动向：如何积极准备日趋递增的发 改委和工商局的严格执法浪潮。

How to Design a Long Term and Sustainable China Antitrust Strategy and Compliance Program

• How to assess and monitor product distribution and ensure the price strategy complies with the requirements under AML
• Monitoring and reassessing operation systems and employees
• Communicating with sales team, technical team and R&D group to ensure the suitable strategy will be implemented in practice
• Internal audit guide for your compliance program – when and how to conduct such an audit in China
• Providing adequate training for your operations team
• How to allocate resources wisely
• How to assess the information and data of transaction during M&As
• How to establish government relationship to stay current on regulation and enforcement, and communicate with government official
• Planning for operations for the long term beyond the scope of current China antitrust enforcement

如何建立长久的反垄断内部体制及设计远期合规战略

Refreshment Break

茶点休息

Interface of Antitrust Law and Patent Law: A Comparative Analysis of U.S., Europe and China’s Approach to Essential Patents and FRAND

• Reviewing of relevant cases: Huawei vs. Interdigital (China); Microsoft v. Motorola (U.S.); Huawei v. ZTE (CJEU)
• Examination of MOFCOM’s approval of mergers on IP issues and its requirement of FRAND (Microsoft’s acquisition of Nokia)
• How is FRAND defined in litigation around the world?
• What royalty payment is fair and reasonable?
• Lessons learned from the litigation and merger approvals
• Are China, U.S. and Europe converging on FRAND?
• Predicting the future trend and best way to handle FRAND issues in licensing and litigation

​反垄断法与专利法的交点：从中美欧角度评析标准专 利的公平合理和不带歧视性条款问题的把握

Networking Luncheon for Attendees and Speakers

与会嘉宾与演讲嘉宾互动午餐​

How to Mitigate Monopoly Risks on Cartels in China, When Overseas Businesses are Under Investigation

• What should be initial actions when responding to overseas investigations
• Case studies on overseas antitrust cartel investigations and how to evaluate if China-related business can be involved in any manner
• How to conduct internal investigation to collect information?
• How to deal with privilege issue in multi-jurisdiction investigation?
• How to develop response strategy, including evaluating the option of leniency application?
• How to adjust horizontal agreement on price fixing and market allocation among competitors
• What are the guidelines of leniency
• Discussing price law impact to the investigation

海外企业联合稽查对中国企业联合的影响

How to Resolve Complex Monopoly Risks in Distribution Channel: Strategies to Mitigate Your Vertical Supply Chain Antitrust Price and Non-Price Challenges

• How to manage and monitor distributors in each tier of the distribution chain to ensure compliance
• How to set recommended resale price and maximum resale prices
• Assessing 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 resolve unique situations including unauthorized territories, fixing the maximum discount offer by downstream distributors, fixing the distribution margin, minimum distribution margin, fixing the minimum operating profit, minimum tax burden ratio for downstream distributors
• Addressing other vertical risks: abusing dominate, threshold, and unfairly high price

如何解决纷繁复杂的销售渠道中的价格和非价格垄断 问题​

Refreshment Break

茶点休息

Navigating MOFCOM’s Conditional Approvals and Simple Case Review Process: How to Ensure Your Deal Obtains Timely Approval

• Case studies on recent MOFCOM decisions on simple case procedure
• What is the criteria threshold for horizontal and vertical mergers
• Introducing electronic online filing system, and its pros and cons
• What areas MOFCOM is focusing on: offshore transaction, China access on raw material imports
• Timeline and procedure of new merger control review process, Planning efficiently in the early stage of merger to save review time
• How to avoid and handle the concerns from third parties and competition
• Discussing the cases that still go through the normal review process, with remedies that may be imposed by MOFCOM
• Look forward to future trend by contrasting US and European Merger Control Review
• Contrasting inbound and outbound merger situations
• How to gather sufficient information on market share data as soon as the deal is being mulled
• What is an effective lobbying strategy

商务部最新条件性合并审批及简易程序： 如何确保节约您的合并审批时间

Dawn Raids – A Practical Guide to Effective Crisis Management for the Most Vigorous Investigation

• Conducting Dawn Raid training and preparation before it happens
• Discussing immediate response considerations including:
• managing the first hours of the investigation
• ascertaining the focus of the investigation
• understanding rights of defence
• interactions with the regulator
• Preparing for the unexpected for the Chinese characteristics of dawn raid
• Understanding the leniency risks and rewards; Coordinating with applications made in other jurisdictions
• Managing your defense including: interviewing witnesses, international coordination, managing large scale document reviews, disclosing the scope of the information and the access

对突袭检查危机机制的管理指南

Co-Chairs Closing Remarks and Conference Ends

大会结束