UCL FACULTY OF LAWS


Global Competition Law and Policy Series

News about the Global Competition Law and Economics Series Conferences

Competition Law and the State, 18/19 March 2011, Hong Kong

How is competition law impacting on governments across the world? That is the key question addressed at a major international conference, organized by the centre for Law, Economics and Society at UCL that has been held at Hong Kong on 18 and 19 March 2011 and attended by senior policy makers from around the world.

This is an issue relevant to decision makers and citizens around the world. The recent adoption of competition law statutes in east and south Asia, culminating with the enactment of the Indian Competition Act and the Chinese Antimonopoly Law, mark a significant development for the global business community. In the UK, the Government is planning a major revamp of public services with a view to opening these to a range of providers competing to offer a better service.

Among the conference's keynote speakers was His Excellency, Gregory So, Undersecretary for the Commerce and Economic Development of the SAR Hong Kong and John Fingleton, chief executive of the UK Office for Fair Trading, who supervised the preparation of the OFT's Report "Government in Markets: why competition matters - a guide for policy makers" published in 2010 and providing a framework for analysing government's interaction with markets, and a guide to policy markets who are faced with setting up, influencing or regulating markets.

No less than twelve heads and high officials from competition authorities around the world and international organizations (United States, European Union, China, Japan, India, Mexico, Greece, Singapore, OCDE, ICN,) and twenty academics (lawyers and economists), lawyers from private practice and economic consultants have contributed to this conference and have exchanged views on this important topic. This is the first international conference focusing on the application of competition law to state action worldwide and forms part of the Centre for Law, Economics and Society at UCL increasing engagement with global competition law.

Dr Ioannis Lianos, director of the UCL Centre for Law, Economics and Society at the Faculty of Laws, co-director of the Global Competition Law and Economics series and joint organiser of the event with the University of Hong Kong, says: "Without doubt, the application of competition law to governement restrictions to competition has incurred a profound transformation during the last thirty years, with the dislocation of state monopolies and the turn to competitive markets and deregulation in utilities and network industries in many parts of the world".

"Of course, every society has to make its own decisions on the appropriate level of state intervention and the respective role of regulation and competition law. Social norms, institutional structures and arrangements, vested interests and ideology are some of the factors that influence these choices. The interaction between the various competition law regimes and different perceptions of how public services should be provided raises important challenges for policy makers and more generally comparative and global competition law scholars, and this has been the broad theme of the conference."

The conference attracted considerable attention from the general public with more than 150 attendants coming from major corporations, law firms based in Hong Kong and the region and governemnt officials. In addition, the recent proposal of a competition law bill by the Governement of Hong Kong has been an important focus of the conference and led to wide media coverage with interviews of conference participants (download the article) an interview of visiting professor at UCL Judge Frederic Jenny and Dr. Ioannis Lianos by South China Morning Post).

Welcome panel
Welcome and Introductions left to right: Dr Ioannis Lianos (UCL, Co-Director, Global Competition Law and Economics Series), Professor Daniel Sokol (University of Florida, Co-Director, Global Competition Law and Economics Series),  Professor Johannes Chan (Dean, The University of Hong Kong Faculty of Law),Gregory So (Undersecretary for the Commerce and Economic Development of the Hong Kong SAR Government), and Professor Dame Hazel Genn DBE QC (Dean, UCL Faculty of Laws) (not pictured),
Gregory So
John fingleton
Eduardo Perez Motta
Opening Speech by Gregory So (Undersecretary for the Commerce and Economic Development of the Hong Kong SAR Government)
Keynote Speech by John Fingleton, chief executive of the UK Office for Fair Trading
Session I chair, Eduardo Perez-Motta, President of the Federal Competition Committee, Mexico
Keynote session
Keynote Address panel with respondents William Kovacic (Commissioner, Federal Trade Commission) and (not pictured) and chair, Judge Frederic Jenny (Cour de Cassation and Chairman, OECD Competition Committee)

HAmada
SESSION I:Controlling anticompetitive action by the State: ex ante approaches (competition advocacy, competitive neutrality, competition law assessment of projected legislation) from left to right: Eduardo Pérez Motta (President, Federal Competition Committee, Mexico), Simon Milnes (Infrastructure, Competition and Consumer Division, the Australian Treasury), Gert-Jan.Koopman (Deputy Director General (State Aids) European Commission - OECD), Joseph P Bauer (Professor of Law, The University of Notre Dame Law School), Michiyo Hamada (Commissioner, Japan Fair Trade Commission (JFTC)), and chair: William Kovacic (Commissioner, Federal Trade Commission),
Panel 2
Panel 3
SESSION II: Competition law and state regulation: Setting the stage and focus on state-owned companies from left to right: Huang Yong (Professor of Law, University of International Business and Economics (UIBE) School of Law, Beijing), Tony Prosser (Professor of Law, University of Bristol, Law School), Yena Lim Hua Yen (Chief executive, Competition Commission of Singapore), Chairman Gert-Jan.Koopman (Deputy Director General (State Aids) European Commission - OECD) and Georgina Foster (Partner, Baker & McKenzie LLP (Sydney))  and far right: Gregory Leonard (Senior Vice-President, NERA)
Panel 3
SESSION III: Controlling anticompetitive action by the State: ex post approaches (state aids, state action doctrine, state sponsored cartels and anticompetitive practices) from left to right: Willard Tom (General Counsel, US Federal Trade Commission), Gavin Robert (Partner, Linklaters LLP), Damien Geradin (University of Tilburg & Covington & Burling LLP), chairman Dhanendra Kumar (Chairman, Competition Commission of India), Thomas Cheng (Assistant Professor of Law, The University of Hong Kong Faculty of Law) and Michal Gal (Professor of Law, University of Haifa)
Authorities roundtable
SESSION IV: Authorities Roundtable: Exemptions from the application of competition law / the challenge of applying competition law to foreign state activities: comparative and international perspectives with left to right: Jianhui Yang (Anti-Monopoly Bureau, MOFCOM), Yena Lim Hua Yen, (Chief Executive, Competition Commission of Singapore), Chairman Allan Fels (Dean, Australian and New Zealand School of Government (ANZSOG)), Dhanedra Kumar (Chairman, Competition Commission of India) and Gert-Jan.Koopman (Deputy Director General (State Aids) European Commission - OECD)
SESSION V: Competition law and private regulation: Self-regulation by professional associations, regulation by trade associations or voluntary agreements promoting public interest. From left to right: Shiying Xu (Institute of Competition Law, East China University of Political Science and Law), Mark Williams (Professor of Law, The Hong Kong Polytechnic), Daniel Sokol (Professor of Law, Levin College of Law, University of Florida), Chairman Eduardo Pérez Motta (President, Federal Competition Committee, Mexico), Assimakis Komninos (Commissioner, Hellenic Competition Commission) and Ioannis Lianos (UCL Faculty of Laws)  
Panel 6
SESSION VI: The interaction between competition law and regulatory alternatives (networks: broadcasting, digital media, infrastructure / energy) from left to right: Franz Jürgen Säcker (Professor of Law, Freien Universität Berlin), Clara Ingen-Housz (Partner, Baker & McKenzie LLP (Hong Kong)), Leigh Hancher (University of Tilburg & Allen & Overy LLP), Chairman Gert-Jan Koopman (Deputy Director General (State Aids), European Commission), Nick Economides (Professor of Economics, Stern Business School, NYU) and Geoff Edwards (Vice-President, Charles River Associates)
Willard Tom
Alberto Heimler
William Kovacic
Ioannis Kokkoris
David Stallibrass
SESSION VII: The interaction between competition law and regulatory alternatives II (credence goods: healthcare and financial services) left to right above: Chairman Willard Tom (General Counsel, US Federal Trade Commission), Alberto Heimler (Professor of Economics, Advanced School of Public Administration, Government of the Italian Republic), William Kovacic (Commissioner, Federal Trade Commission) and Ioannis Kokkoris (University of Reading Law School) and left David Stallibrass (Director, Markets and Projects: Services, UK Office of Fair Trading)
Valentine Korah
Frederic Jenny
DISCUSSION: Extensions - The evolving role of the State and the impact of competition law in a globalized world: institutional solutions for dealing with tragic choices with chair Emeritus Professor Valentine Korah (UCL Faculty of Laws) and moderator Judge Frederic Jenny (Cour de Cassation and Chairman, OECD Competition Committee), with (not pictured) William Kovacic (Commissioner, Federal Trade Commission) and Alberto Heimler (Professor of Economics, Advanced School of Public Administration, Government of the Italian Republic)
thomas Cheng
Ioannis Lianos
Daniel Sokol
Concluding remarks: Thomas Cheng (HKU), Ioannis Lianos (UCL) & Daniel Sokol (Florida)