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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). |
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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), |
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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 |
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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) |
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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), |
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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) |
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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) |
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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) |
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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)
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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) |
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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) |
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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) |
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Concluding remarks:
Thomas Cheng (HKU), Ioannis Lianos (UCL) & Daniel Sokol (Florida) |
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