Competition Law and the State: Comparative and International Perspectives
18 March 2011–19 March 2011, 9:00 am–5:00 pm
Centre for Law, Economics & Society
Hong Kong Convention and Exhibition Centre
About the conference
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 to the global business community. Merger control, the application of competition law to unilateral conduct such as distribution agreements, competition issues in intellectual property rights, and state activities in the economy create important challenges in the enforcement of competition law in these crucial markets for policymakers, multinational corporations, law firms and economic consultancies. A number of panels and roundtables will examine these issues, composed by the international and local leaders of the competition/regulatory law and M&A practice.
It will explore the important topic of government restrictions to competition, including
- anti-competitive action by the State;
- state-owned enterprises and competition law;
- competition law and foreign state activities;
- self-regulation and competition law;
- competitive neutrality regulation;
- competition advocacy;
- the evolving role of government in markets and competition law; and
- the interaction between competition law and regulatory alternatives in sectors such as utilities (energy, telecoms) broadcasting regulation, financial services, digital media, healthcare, the environment.
This conference is accredited with 12 CPD hour by the Solicitors Regulation Authority and the Bar Standards Board.
- About the organisers
Ioannis Lianos (LL.B, LL.M, PhD Law, University of Strasbourg; LL.M Trade Regulation, NYU Law, PhD Sociology (prob.) Cambridge Univ.) is a Reader (professor) in European Union Law and Competition Law and Economics at the Faculty of Laws, University College London (UCL) (since 2005), the Director of the Centre for Law and Economics (Competition, Regulation and Public Policy) and the co-director of the Institute of Global Law, the Centre for Law and Governance in Europe and the Jevons Institute of Competition Law and Economics at UCL. He is also the co-founder and chairman of IMEDIPA, a NGO in competition law established in Athens, Greece. Ioannis is the co-editor of the Global Competition Law & Economics Series published by Stanford University Press. His book, published in French in 2007, on the Transformation of competition law by economic analysis of law (Brussels, Bruylant, XIX+1698 pp) earned the Emile Girardeau prize of the French Academy of Social Sciences (Académie des Sciences Morales et Politiques). He is currently co-authoring a book on Private Enforcement - A Global perspective (forthcoming Oxford University Press, 2011), a book on Competition Law Remedies in Europe (forthcoming Hart Pub, Oxford, 2011), a casebook in EU and UK competition law (forthcoming Hart Pub., 2011) and has published widely in European law and competition law, including five edited volumes (including the forthcoming Research Handbook in EU Competition Law, Edward Elgar and The EU After the Treaty of Lisbon, Cambridge Univ. Press), a number of chapters in collected volumes and articles in generalist and specialised in competition legal journals. His recent research focuses on the impact of the emergence of forensic economics and economists on the evolution of economic thought and on the assessment of economic evidence in courts. Thomas Cheng
Thomas Cheng is an assistant Professor at the University of Hong Kong. He is a member of the Telecommunications (Competition Provision) Appeal Board, Registration of Persons Tribunal, and Consumer Council of Hong Kong. He is widely published in the areas of Competition Law including 'Competition Law Investigations in China', in ABA Handbook on Multi-jurisdictional Competition Law Investigations, American Bar Association (forthcoming). and 'Striking a Balance between Competition Law Enforcement and Patent Policy: A Developing Country’s Perspective', in The Effects of Anti-Competitive Business Practices on DEveloping Countries and their Development Prospects 633-59 (Hassan Qaqaya and George Lipimile eds., 2008).
- About the speakers
Joseph P Bauer
Joseph P. Bauer, an expert in the field of antitrust, joined the Notre Dame Law School faculty in 1973 as an assistant professor, becoming an associate professor in 1977 and a full professor in 1980. He teaches the required first-year course in civil procedure, and also teaches antitrust, copyright and trademarks, and conflict of laws. During his tenure, he has served the Law School in numerous ways, including as co-director of the London Law Programme (1975-76, 1989-90), as associate dean (1985-88, 1991, 1996), as elected representative to the Provost�s Advisory Committee (1993-99), as elected vice chair of the Law School�s Appointments Committee for more than 10 years, and as elected vice chair of the Law School�s Promotions Committee on several occasions. He earned his B.A. from the University of Pennsylvania in 1965 and his J.D. from the Harvard Law School in 1969.
A member of the New York bar since 1970, he worked as an associate at the New York City law firm of Kaye, Scholer, Fierman, Hays & Handler (1969-72), and served as an instructor at the University of Michigan (1972-73). During the spring and summer of 2002, he was on leave, working in an Of Counsel Status at Kirkland & Ellis in Washington, D.C. He has also held a visiting professorship at Emory Law School (spring, 2004) and at the University of North Carolina (1981-82).
Since 1985, Professor Bauer, with the late Earl W. Kintner until his death some years ago, has prepared the annual updates to a seminal work in antitrust law, Kintner and Bauer, Federal Antitrust Law, volumes I-XI. In 2002, he published, with Professor William Page of the University of Florida College of Law as his co-author, the revised edition of Volume II of this series, which concentrates on sections 1 and 2 of the Sherman Act. This is the fifth volume in this series written by Professor Bauer. Professor Bauer has also served as a consultant to the Federal Trade Commission�s Bureau of Competition (1977-78), and has served on the AALS Antitrust Section Executive Committee (member 1984-89, chair 1987-89). He is a member of the Board of the American Antitrust Institute. He has testified on numerous occasions before Senate and House committees and subcommittees and in judicial proceedings, and he has served as an expert or consultant for a number of antitrust and intellectual property matters.
Nicholas Economides is Professor of Economics at the Stern School of Business of New York University and Founder and Executive Director of the NET Institute, http://www.NETinst.org. He is an internationally recognized academic authority on network economics, antitrust, and public policy. His fields of specialization and research include antitrust, the economics of networks, especially of telecommunications and the Internet, computers, and information, the economics of technical compatibility and standardization, industrial organization, the structure and organization of financial markets and payment systems, application of public policy to network industries, strategic analysis of markets, security and privacy, and law and economics. He has published over one hundred articles in top academic journals in the areas of networks, telecommunications, oligopoly, antitrust, product positioning, and on liquidity and the organization of financial markets and exchanges.
He holds a Ph.D. and a M.A. in Economics from the University of California at Berkeley, as well as a B.Sc. (First Class Honors) in Mathematical Economics from the London School of Economics. He has previously taught at Columbia University (1981 1988) and at Stanford University (1988 1990). He is editor of the Journal of Economics & Management Strategy (JEMS), Netnomics, The Quarterly Journal of Electronic Commerce, The Journal of Financial Transformation, The Journal of Network Industries, International Journal of Management and Networks Economics (IJMNE) on the Advisory Board of Journal of Competition and Regulation in Network Industries and of the Social Science Research Network, editor of Economics of Networks Abstracts by SSRN, and past editor of the International Journal of Industrial Organization.
Prof. Economides is the Founder and Executive Director of the NET Institute, http://www.NETinst.org, a world-wide focal point for research on the economics of network and high technology industries. His web site on the Economics of Networks at http://www.stern.nyu.edu/networks/ has been ranked as one of the top four economics sites worldwide by The Economist magazine. He is an advisor to the U.S. Federal Trade Commission, the governments of Canada, Greece, Ireland, New Zealand, and Portugal, the Attorneys General of New York and Texas, major telecommunications and high technology companies, a number of the Federal Reserve Banks, the Bank of Greece, and major Financial Exchanges. He serves on the Advisory Board of the Economist Intelligence Unit and Quadriserv. The complete C.V. of Prof. Nicholas Economides is available at http://www.stern.nyu.edu/networks/cvnoref.html
Dr Geoff Edwards is a Principal at Charles River Associates. He is a specialist in the economics of competition and regulation with particular expertise advising in the media and communications sectors. He has provided expert economic advice in the context of merger reviews, market investigations, allegations of anticompetitive behavior, and regulatory proceedings before the European Commission and national competition and regulatory authorities. His clients include major players in the media, communications, pharmaceutical, and banking sectors. He has a Ph.D. Haas School of Business, University of California, Berkeley; an M.A. Economics, University of California, Berkeley; a Graduate Diploma In Law, College of Law; a B.Ec. (First Class Honours), Australian National University; and a LLB (First Class Honours), Australian National University. Allan Fels
Professor Allan Fels AO is Dean of the Australia and New Zealand School of Government (ANZSOG). Professor Fels was Chairman of the Australian Competition and Consumer Commission (1995 to 2003); the Trade Practices Commission (1991 to 1995); and the Prices Surveillance Authority (1989 to 1992). He was co-chair of the OECD Trade and Competition Committee from 1996 to 2003. Professor Fels was Director of the Graduate School of Management of Monash University, and Professor of Administration at Monash University ( 1984 to 1991). Professor Fels is or has recently been a member of a number of advisory boards to the Australian, Victorian and Queensland governments. He is a fellow of the Academy of Social Science of Australia. John Fingleton
John Fingleton holds degrees in economics from the Universities of Dublin and Oxford, and completed his doctorate at Nuffield College Oxford, where he studied under Sir James Mirrlees, the Nobel prize-winning economist.
He worked as an academic economist at the Financial Markets Group at the London School of Economics, and at Trinity College Dublin, spending visiting periods at Université Libre de Bruxelles and the Graduate School of Business at the University of Chicago.
In 2000, he was appointed full time Chairperson at the Irish Competition Authority, where he oversaw the implementation of the 2002 Competition Act. In this position, he also sat on Ireland's National Competitiveness Council.
In 2005, he was appointed Chief Executive at the Office of Fair Trading in the UK. In that role, he has overseen a range of consumer and competition enforcement activity including actions on bank overdraft charges and on price-fixing in various sectors; a variety of market studies including banking, house-building and pharmaceutical pricing; and market investigation references of airports, grocery retailing and payment protection insurance. John is Chair of the Steering Group of the International Competition Network and sits on the board of a number of academic journals.
Georgina Foster is a partner in the Sydney office of Baker & McKenzie, specialising in competition and consumer protection law. Georgina regularly advises clients on competition law issues relating to joint ventures and strategic alliances, mergers and acquisitions, cartel conduct, as well as pricing and distribution strategies. She has significant experience in representing clients in ACCC investigations into alleged contraventions of Australian competition and consumer protection law, including acting for immunity applicants under the ACCC's immunity policy for cartel conduct.
Georgina has advised clients on the application of Australian competition law to state-owned entities and recently assisted the NSW Government on competition law issues in connection with the sale of the State's electricity assets.
Georgina is a guest lecturer in the University of Sydney's LLM competition law course. She has also delivered seminars and contributed to publications on competition law, on cartel conduct, misuse of market power and merger clearance.
Dr. Michal Gal is a Professor, Director of the Law and MBA Program, and Co-Director of the Forum on Law and Markets at the Faculty of Law, Haifa University, Israel. She has been a Global Hauser Visiting Professor, NYU
School of Law and Dean's Visiting Professor at Georgetown University (2007-8) as well as a Visiting Professor at the University of Melbourne, Australia, in 2009 and a visiting professor at the National University of Singapore in 2010. Gal served as Associate Director of the NYU Advanced Certificate Program in Law and Business. She was also a visiting scholar at Columbia University and at the NYU School of Law. Dr. Gal's research focuses on competition law and policy. She is the author of the book Competition Policy for Small Market Economies (Harvard University Press,
2003) and main author and co-editor of The Law and Economics of Israeli Competition Law (Nevo, 2007, Hebrew). She also published many scholarly articles on competition law issues, including oligopoly pricing, the conditions for antitrust in developing economies, the political economy of antitrust, and the globalization of antitrust.
Damien Geradin is a Professor of Competition Law and Economics at Tilburg University (The Netherlands) and a member of TILEC. His areas of research include antitrust, network industries (telecommunications, postal services, energy and transport), and economic regulation in general. Damien is the Director of the Global Competition Law Center (GCLC), a think tank devoted to analytical research in the area of competition law, which is based at the College of Europe in Bruges (Belgium). He also held visiting Professorships in a number of leading US Universities including Columbia, Harvard, UCLA and Yale.
He is also a partner in the Brussels office of the international law firm Howrey LLP. Howrey is a firm specialized in antitrust, IP, and litigation. He is the co-editor-in-chief of the Journal of Competition Law and Economics (Oxford University Press) and of the Journal of Network Industries (Intersentia). He has published more than 50 legal and economic papers in a variety of academic journals, including the Common Market Law Review, the European Law Review, the Journal of Competition Law and Economics, the Berkeley Technology Law Journal, the Columbia Journal of European Law, the Journal of World Trade, the Journal of International Economic Law, the European Foreign Affairs Review, and the Utilities Law Review. Damien Geradin's work has been quoted by the European Court of Justice, the US Court of Appeals (10th Circuit), as well as in numerous regulatory proceedings.
Michiyo Hamada has been a Commissioner of the Japan Fair Trade Commission since April, 2009. She was appointed to the full time position while she was serving as the dean of Nagoya University Law School, and by the appointment, she had to leave the latter office.
Ms. Hamada had spent most of her career as a law professor in Nagoya University. She joined the faculty of the Department of Law in 1972 as an assistant professor, promoted to an associate professor in 1974, and became a full professor in 1985. Her main research area covers corporations, competition law, commercial law and financial transactions.
Ms. Hamada had much experience of serving the government by joining various governmental panels and councils. She was a member of the Legislative Council (2001-2009) and a member of the Central Education Council (2001-2006). Before joining the JFTC, she was a member to the Advisory Panel on Basic Issues Regarding the Antimonopoly Act (an advisory panel to the Chief Cabinet Secretary).
Leigh Hancher works as Of Counsel for Allen & Overy and is a Professor of European Law at the University of Tilburg. She specialises in European and Dutch law relating to network sectors including gas, electricity, telecoms, transport, post and water. Her expertise is primarily in the field of interconnection between competition law and sector-specific regulation with a particular emphasis on access pricing and conditions, state aid and cross-subsidization. She writes and lectures regularly on these subjects.
Leigh has regularly assisted major clients on competition and regulatory issues at national and international level, especially on major cross-border interconnector projects and in the preparation of applications for regulatory and/or competition clearance for such projects at European and national level. She has advised major clients in the LNG sector. She has regularly acted as adviser to the European Commission and the European Parliament on energy law issues.
Alberto Heimler is professor of economics at the Scuola Superiore della pubblica amministrazione (the Italian School of Government). He is the Chairman of the Working Party on Competition and Regulation of the Competition Committee of the Organization of Economic Cooperation and Development (OECD). Until 2008 he was in charge of research and international affairs at the Italian Competition Authority and until 2009 he was member of the Steering Group of the International Competition Network (ICN) and co-chair of the Working Group on the Operational Framework. He has published extensively on antitrust and regulatory issues in leading academic journals. Clara Ingen-Housz
Clara Ingen-Housz is a Senior Counsel at Baker & McKenzie�s Hong Kong office. She advises multinational companies on emerging antitrust regimes in Asia, and Asian companies on global competition issues. She has more than a decade experience spanning the United States, Europe and Asia acting as counsel, policy advisor and litigator for companies and regulators. She previously practiced at prominent law firms in New York, first at Sullivan & Cromwell and most recently at Simpson Thacher & Bartlett. She was also a member of the Competition team of the European Commission�s Legal Service in Brussels, where she handled several landmark cases, including the Akzo case on legal privilege.
Clara has significant experience in multijurisdictional merger filings, dominant firm analysis, distribution networks structuring and compliance. As a litigator, she focuses on international cartel investigations and follow-on litigation � including class actions and international arbitration. Her sectoral expertise lies in financial services, pharmaceuticals, chemicals and IT.
Clara is the author of The Law of the European Union, Commentary on the Rules of Competition, Ed. Smit & Herzog, Lexis-Nexis Matthew Bender. She regularly produces update alerts on developments regarding Competition Law in Asia for Baker & McKenzie clients. She also speaks regularly at competition law client seminars and public conferences.
Clara holds an L.LM. from Harvard Law School and a J.D. in Business Law from University Paris II/Panth�on Assas (Summa cum Laude). She also graduated from Sciences Po., Paris, with a B.Sc. in Economics and Finance (Valedictorian). She is admitted in the New York and Paris Bars and is a foreign lawyer registered with the Hong Kong Law Society.
Frédéric Jenny is a Professor of Economics at ESSEC Business School in Paris and Conseiller en Service Extraordinaire, Cour de Cassation (Judge of the French Supreme Court) and Chairman of the OECD Competition Committee. He was closely involved in the establishment of what is now the Autorit� de la Concurrence (Competition Council) in France. He was General counsel (Rapporteur G�n�ral) and then Vice-President of the Conseil de la concurrence. He is currently a non executive director of the Office of Fair Trading. He was chairman of the WTO Working group on Trade and Competition. He has an internationally recognised reputation for his work in the competition field. He is also a Visiting Professor at University College London. Ioannis Kokkoris
Ioannis Kokkoris is a Reader at the University of Reading, in the UK, where he teaches competition law and company law. He was a Principal Case Officer/Economic Advisor at the Office of Fair Trading, UK. He has worked at the DG Competition European Commission, as well as the US Federal Trade Commission where he acted as a Consultant. He has conducted research at Harvard Law School.
He background combines both law and economics. He holds a BA in Economics (Essex, UK) and an MPhil in Economics (Cambridge, UK), as well as an LLM (Warwick, UK) and a PhD in Competition Law (King's College London, UK). He has authored/co-authored/edited 12 books and has written over 40 articles in leading journals (ECLR, University of Pennsylvania Journal of International Law, JIBLR, ICCLR, etc.).
Dr Assimakis Komninos is a Commissioner and Member of the Board of the Hellenic Competition Commission. As a practitioner, he has been involved in landmark cases before the European Court of Justice and the EU General Court, including Syfait and L�los (parallel trade of pharmaceuticals - abuse of dominance), GlaxoSmithKline (parallel trade of pharmaceuticals - Article 101), Microsoft (compulsory licensing of interoperability information - abuse of dominance), EAEPC (parallel trade of pharmaceuticals - rejection of complaint), Halcor (copper plumbing tubes cartel) and Public Power Corporation (application of Article 106 to the energy sector). Dr Komninos is also a visiting lecturer at IREA - Universit� Paul C�zanne Aix - Marseille III and a visiting fellow of the Centre for Law and Governance in Europe at University College London. He has co-edited The Euro: Law, Politics, Economics (British Institute of International and Comparative Law, London, 2003), EC Competition Law, A Critical Assessment (Hart Publishing, Oxford/Portland, 2007), and authored EC Private Antitrust Enforcement, Decentralised Application of EC Competition Law by National Courts (Hart Publishing, Oxford/Portland, 2008). He has also published several articles, case notes, and book reviews, published in Common Market Law Review, World Competition, European Law Review, Yearbook of European Law, European Competition Law Review, Revue Hell�nique de Droit Europ�en, Competition Law Review, Concurrences, e-competitions, Stockholm International Arbitration Review, Competition Policy International, and in the 2001 and 2004 European Competition Law Annuals. Gert-Jan Koopman
Gert Jan Koopman is Deputy Director General for State Aids at the European Commission's Directorate General for Competition (DG COMP) from November 2010. He is responsible for the Commission's control of State Aids and the co-ordination of the 1000 State Aid cases managed by thirteen units in DG COMP.
Prior to this Gert Jan Koopman was Director for "Policy Strategy and Co-ordination" and before that for the "Economic Service and Structural Reform" Directorate at the European Commission's Directorate-General for Economic and Financial Affairs (DG ECFIN) which he joined on 1 May 2008. In this capacity, he led the work on the structural reform agenda and provided economic advice to all Commission services. Mr Koopman was also a member of the Commission's Impact Assessment Board which vets all Impact Assessments produced by Commission departments. He joined DG ECFIN from the Commission's Directorate General for Enterprise and Industry where he was Director for the �Industrial policy and economic reforms� from 1 January 2005. He worked on Industrial Policy and Better Regulation � notably the management of the Commission's Action Programme to reduce Administrative Burdens by 25% by 2012. From 1995 to 2004, Gert Jan Koopman advised Commissioner Neil Kinnock, initially as a Member of his Cabinet with responsibility for Transport and later as Head of Cabinet when Mr Kinnock was Vice-President for Administrative Reform.
He studied Economics and Latin and Greek at the University of Amsterdam and worked as a Researcher and Policy adviser for the University of Utrecht and the CPB Netherlands Bureau for Economic Policy Analysis before joining the European Commission�s Directorate General for Economic and Financial Affairs in 1991.
Valentine Korah is an eminent EU competition lawyer, author of many critical books and articles on competition law and policy. Throughout her long career she has made it easier for lawyers and economists to work together. In the 1960s she started an LL.M. course on UK competition law and policy together with Professor Basil Yamey, a notable economist who produced and supervised theoretical and empirical work on problems concerning competition policy. Her basic academic home has been UCL since 1946 when she came up as an undergraduate. Her reputation is international. She has taught also in many other universities and institutions for short periods of time. She was responsible for the dominant course in English on EU competition law at the College of Europe in Bruges for nearly twenty years. Her influence through many books, other writing, lectures and the many excellent student she has taught, has been significant. Many influential people now believe that economics has a substantial contribution to make to competition policy and consulting economists are routinely called in to help when a merger or alleged abuse of a dominant position is being screened in Europe. Competition specialists in the leading law firms expect to make economic arguments themselves when transactions are being negotiated or litigated. Many have contributed to the interdisciplinary approach. Young specialist lawyers are now familiar with economic way of thinking, but Val was an innovator. Her criticisms of the old Restrictive Trade Practices law on the grounds that it was formalistic and often restricted competition contributed to its repeal and replacement. William Kovacic
William E. Kovacic has served on the Federal Trade Commission since January 2006, and served as Chairman from March 2008 until March 2009. He has also served, since January 2009, as Vice Chair for Outreach of the International Competition Network.
Before he became a Commissioner, Kovacic was the FTC�s General Counsel from 2001 through 2004, and also worked for the Commission from 1979 until 1983, initially in the Bureau of Competition�s Planning Office and later as an attorney advisor to former Commissioner George W. Douglas. Kovacic was the E.K. Gubin Professor of Government Contracts Law at George Washington University Law School, where he began teaching in 1999. He had taught at the George Mason University School of Law since 1986, after practicing antitrust and government contracts law for three years at Bryan Cave�s Washington, DC, office. Earlier in his career, Kovacic spent one year on the majority staff of the U.S. Senate Judiciary Committee�s Antitrust and Monopoly Subcommittee. Beginning in 1992, Kovacic was an adviser on antitrust and consumer protection issues to the governments of Armenia, Benin, Egypt, El Salvador, Georgia, Guyana, Indonesia, Kazakhstan, Mongolia, Morocco, Nepal, Panama, Russia, Ukraine, Vietnam, and Zimbabwe.
Kovacic received a bachelor degree from Princeton University in 1974 and a law degree from Columbia University in 1978. He and his wife, Kathryn Fenton, reside in Virginia.
Dhanendra Kumar assumed the office of Chairperson in the Competition Commission of India (CCI) in February, 2009. Previous to this Mr. Kumar was Executive Director for India at the World Bank in Washington, representing India, Sri Lanka, Bangladesh and Bhutan, during 2005-09
Mr. Kumar spent the vast majority of his professional career with the Indian Administrative Service (IAS), of the Government, in various jobs in industrial and economic development. Mr. Kumar joined the IAS in 1968 and served at the State Government of Haryana and Government of India. He gradually climbed the ranks to become a senior official with vast experience in the economic and infrastructure development sectors. From 1983 to 1986 he was stationed as the Resident Director of the India Investment Centre in London, England, responsible for promoting investments into India, joint ventures and collaboration ventures.
Just prior to his move to the World Bank he served as the Secretary in Government of India for Defence Production. Formerly, he also served as Secretary Road Transport and Highways and Secretary Ministry of Culture in the Government of India. As the Additional Secretary, Telecom, he was closely associated with the telecom revolution in India through opening of competition in telecom sector during 1998-2002. Mr. Kumar also served as the Principal Secretary to Chief Minister, Haryana and as the Chairman of the Haryana State Industries Development Corporation at state level during 1991-1996 and was closely associated with industrial development in Gurgaon and around Delhi and was awarded �National Citizen�s Award� by Mother Teresa for outstanding contribution in development of Industrial Parks in Haryana.
Dr. Leonard is a Senior Vice President in NERA's Antitrust and Intellectual Property Practices. His areas of expertise are applied microeconomics and econometrics. He has extensive experience analyzing competition and estimating damages in a wide variety of contexts. Dr. Leonard has provided written and oral testimony and presentations before courts and government agencies on issues involving antitrust, damages estimation, statistics and econometrics, surveys, and labor market discrimination.
Prior to joining NERA, Dr. Leonard was a Senior Vice President at Lexecon Inc., a founding member and Director of Cambridge Economics, Inc., and an Assistant Professor at Columbia University, where he taught statistics, econometrics, and labor economics.
Dr. Leonard has experience in a broad range of industries, including pharmaceuticals, telecommunications, airlines, semiconductors, hedge funds, securities, commercial and recreational fishing, medical devices, professional sports, credit card networks, payment systems, information services, computer software, computer hardware, chemicals, plastics, retailing, advertising, beef processing, fertilizers, printing, petroleum, steel, beer, cereals, cosmetics, athletic apparel, film, milk, canned fish, vitamins, animal feed supplements, tissue, paperboard, industrial gas, concrete, contact lens cleaners, sports beverages, soft drinks, diapers, tobacco products, graphite and carbon products, and modems, among others.
Ms Yena Lim joined the Competition Commission of Singapore as a Commission member, and as its Chief Executive in October 2010. The Competition Commission of Singapore (CCS) is a statutory body established under the Competition Act on 1 January 2005 to administer and enforce the Act. It comes under the purview of the Ministry of Trade and Industry. CCS� mission is to champion growth and choice for the economy, and it focuses on rigorous enforcement and effective advocacy to achieve its goals.
Ms Lim is an officer in the Singapore Administrative Service. She has extensive experience working for the Singapore government. Before she joined CCS as its Chief Executive, she was the Managing Director of the Agency for Science, Technology and Research (A*STAR) from 2006 to 2010. As the national body for funding research and development, she oversaw its growth into a broad-based research funding agency; funding research institutes that spanned the biomedical and physical sciences and engineering fields, providing expertise to support the key manufacturing sectors in Singapore. She has also worked in the Ministry of Trade and Industry, where she was responsible for economic policies pertaining to competitiveness and capability development for the economy. She was involved in the liberalization of the electricity and gas markets, as well as the industrial land market structure. When she worked in the Ministry of Transport, she was in charge of reviewing the market structure for bus and rail transport, and also oversaw the move of the taxi sector towards greater liberalization. Her other appointments in government included driving HR reforms for the Singapore Civil Service when she was at the Public Service Division, Prime Minister�s Office, overseeing the school physical infrastructure planning and development, and higher education policy in the Ministry of Education, and overseeing the government�s fiscal policy, including revenue and taxation policies in the Ministry of Finance.
Ms Lim graduated from the National University of Singapore in 1989 with a Bachelor of Social Science (Honours) in Economics. She received the Public Administration Medal (Silver) in 2006 in recognition of her sterling contributions, and won the Leading CEO Award in 2010 in the Singapore HR Awards.
Simon is an Adviser in the Australian Treasury's Markets Group. He is responsible for developing policies that contribute to improving the competitive environment for businesses - including matters such as reducing barriers to entry to promote competitive and efficient markets in specific markets such as retail petroleum and groceries. Simon also oversees the development of policy in relation to competitive neutrality, and has an interest in minimising the impact of government regulations on businesses. Eduardo Perez Motta
Eduardo Pérez Motta is President of the Federal Commission on Competitionin Mexico. From 1978 to 1979, Mr. Eduardo P�rez Motta worked as an adviser to the General Director for Fiscal Policy of the Ministry of Finance and Public Credit (SHCP). His main responsibility was contributing to the design of the fiscal reform that went into effect in 1980. In the early nineties, he was in charge of different responsibilities in the Ministry of Trade and Industrial Development (SECOFI), all of them linked to the development of trade policy or with the promotion of exports and investment. From 1989 to 1990 he acted as adviser to the Minister on Foreign Trade. In 1990 he was appointed General Director for Foreign Trade Policy. In that capacity, he lead the Inter-Ministerial Commission on Tariffs and Trade and the Commission of Export Promotion, and participated in the Negotiation Committee for the North American Free Trade Agreement (NAFTA) in the areas of tariffs, customs and rules of origin. In 1992 he was appointed General Director for Industrial Policy, taking charge, among other aspects, of the design and implementation of sectoral programs and foreign-trade zone programs. In 1995 he worked in the SHCP as Coordinator of Advisers of the Under Ministry of Revenues, developing the customs modernization project and designing the Customs Law that entered into force in 1996. That same year he returned to SECOFI as Coordinator of Advisers to the Minister and, in 1998, on the eve of the start of negotiations for the Free Trade Agreement between Mexico and the European Union (FTAEUM), he was appointed head of the SECOFI Representation Office in Brussels. In this post, he coordinated the Mexican negotiating team in Brussels during the negotiation of the FTAEUM. In July 2001 he was appointed Ambassador, the Permanent Representative of Mexico to the World Trade Organization (WTO), in charge of preparing Mexico's participation in the Doha Ministerial Conference (November 2001) and the Mexican Chair at Cancun (September 2003). He held the Chair of the Council on TRIPS in 2002 and in 2004 he acted as Chairman of the negotiations group on WTO Rules. In August 2004 he was appointed President of the Federal Commission on Competition.
Tony Prosser is Professor of Public Law at the University of Bristol School of Law since 2002, having previously been John Millar Professor of Law at the University of Glasgow and having taught at the Universities of Sheffield and Hull. He was also a Jean Monnet Fellow at the European University Institute, Florence.
His main research interests are in Public Law relating to privatisation and regulation, especially regulation of public utilities and of broadcasting. His most recent books are The Regulatory Enterprise: Government, Regulation and Legitimacy and The Regulatory State: Constitutional Implications (the latter edited with Dawn Oliver and Richard Rawlings) both Oxford University Press 2010. He is currently studying government management of the economy, including public expenditure planning. He is also a participant in a major European project on Reflexive Governance, in particular in relation to services of general interest. His teaching interests are in the areas of law and government, law and the economy, and social and legal theory.
Gavin Robert is a senior competition partner at Linklaters LLP, based in London. He advises clients across the full range of competition law issues, including mergers, joint ventures, cartels and abuse of dominance at a global, European and national level. Gavin leads the development of Linklaters� Asia competition practice and over the last few years has taken an increasing interest in the development of competition law in Asia, and especially China. Gavin travels on a regular basis to Asia where he represents a number of multinational clients. He works closely with our competition lawyers on the ground in Hong Kong, Beijing, Shanghai, Bangkok, Tokyo and Singapore and with other law firms in the region. Franz Jürgen Säcker Professor Franz Jürgen Säcker holds a professorship at the Free University of Berlin, where he has been a director of the Institute for German and European Economic, Competition and Energy Law since 1994. Holding doctoral degrees in both law and economics, Prof. Säcker has dealt extensively with different areas of economic and business law, labour and corporate law, competition, energy and telecommunications law. Alongside with his scholarly duties, comprised of academic posts in numerous German and foreign universities, Prof. Säcker has been actively involved in counselling different private and public entities on various legal matters, and has been applying in practice his knowledge and experience as a member of national and international arbitration courts for more than 20 years. Professor Säcker is the author of many publications and presentations in the fields of civil law, company and corporate law, competition law, as well as energy and telecommunications law.
D. Daniel Sokol is an Assistant Professor at the University of Florida. He has provided technical assistance and capacity building to antitrust agencies and utilities regulators from around the world. He serves as a non-governmental advisor to the International Competition Network. Sokol is series co-editor of Global Competition Law and Economics (Stanford University Press). Willard Tom
Will Tom is the General Counsel of the Federal Trade Commission. He previously served as Deputy Director of the Bureau of Competition from 1997 to 2000, and as head of the Bureau's policy office from 1995 to 1997. He also served at the Antitrust Division of the Department of Justice, first as a trial attorney and later as Counselor to the head of the Antitrust Division. His 30+ years as an antitrust lawyer also includes stints as a partner in two major law firms.
Will has been an active participant in bar and civic activities. He is a member of The American Law Institute and the Administrative Conference of the United States. In the American Bar Association, he served as a member of the governing Council of both the Section of Antitrust and the Section of Business Law, and was the editorial chair of the Antitrust Section�s two-volume treatise, Antitrust Law Developments, as well as writing for numerous other publications. He also served as a member of the D.C. Federal Judicial Nominations Commission from 1997-2000. Will has also been honored by listings in Who's Who in the World, Who's Who in Amercia, The Best Lawyers in America, Chambers USA: America's Leading Lawyers for Business and Competition / Antitrust, PLC Which Lawyer?
Mark Williams is Associate Head and Professor of Law in the Graduate School of Business at Hong Kong Polytechnic. He is a solicitors at the High Court of Hong Kong and the Supreme Court of England & Wales. His current research and teaching encompasses compan and commercial law, Chinese economic law, competition law, and CSR.
Prof. XU Shiying is the professor of East China University of Political Science and Law (ECUPL) in Shanghai China. She is also the Director of Competition Law Institute in ECUPL and the standing director of the National Economic Law Research Association of China Law Society. Her background combines both law and economics. She holds a BA in Economics (SUEF, Shanghai CH) and a PhD in Economic Law (CSU Changsha, CH). She has edited or co-edited 10 books and has written over 50 articles which focuses on competition law and competition policy as well as governmental regulation in Domestic or foreign journals. She has been taught on Economic Law , Competition law and Consumer law at ECUPL since 1983. Jianhui Yang
Mr. Jianhui YANG is vice-director of Anti-Monopoly Bureau at Ministry of Commerce, PRC. Since joining AMB at the end of 2008, he has worked in different divisions: competition policy division, investigation division, office of AMB. Mr. Yang ever served in the Chinese Embassy in Copenhagen, Denmark. Yong Huang Yong HUANG is Professor of Law at the University of International Business and Economics (UIBE) School of Law, Beijing
- Conference schedule: Friday 18 March 2011
08:30 Registration 09.00 Welcome and Introduction
Professor Dame Hazel Genn DBE QC (Dean, UCL Faculty of Laws) &
Professor Johannes Chan (Dean, The University of Hong Kong Faculty of Law)
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)
09:15 Official Address: Mr Gregory So (Under Secretary for Commerce and Economic Development, Hong Kong Special Administrative Region) 09:30 KEYNOTE ADDRESS: Government in Markets
John Fingleton (Chairman, UK Office of Fair Trading)
Judge Frederic Jenny (Cour de Cassation and Chairman, OECD Competition Committee)
- Allan Fels (Dean, Australian and New Zealand School of Government (ANZSOG))
- William Kovacic (Commissioner, Federal Trade Commission)
- Eduardo Pérez Motta (President, Federal Competition Committee, Mexico)
Followed by discussion
10:45 COFFEE BREAK 11:00 SESSION 1:
Controlling anticompetitive action by the State: ex ante approaches (competition advocacy, competitive neutrality, competition law assessment of projected legislation)
Chair: William Kovacic (Commissioner, Federal Trade Commission)
- Joseph P Bauer (Professor of Law, The University of Notre Dame Law School)
- Michiyo Hamada (Commissioner, Japan Fair Trade Commission (JFTC))
- Gert-Jan.Koopman (Deputy Director General (State Aids) European Commission - OECD)
- Simon Milnes (Infrastructure, Competition and Consumer Division, the Australian Treasury)
- Eduardo Pérez Motta (President, Federal Competition Committee, Mexico)
13:00 The Baker & McKenzie Speakers' Lunch
Light Lunch for other attendees
14:00 SESSION 2:
Competition law and state regulation: Setting the stage and focus on state-owned companies
Chair: Gert-Jan.Koopman (Deputy Director General (State Aids) European Commission - OECD)
- Gregory Leonard (Senior Vice-President, NERA)
- Yena Lim Hua Yen (Chief executive, Competition Commission of Singapore)
- Tony Prosser (Professor of Law, University of Bristol, Law School)
- Huang Yong (Professor of Law, University of International Business and Economics (UIBE) School of Law, Beijing)
- Georgina Foster (Partner, Baker & McKenzie LLP (Sydney))
15:45 COFFEE BREAK 16:00
Controlling anticompetitive action by the State: ex post approaches (state aids, state action doctrine, state sponsored cartels and anticompetitive practices)
Chair: Dhanendra Kumar (Chairman, Competition Commission of India)
- Thomas Cheng (Assistant Professor of Law, The University of Hong Kong Faculty of Law)
- Michal Gal (Professor of Law, University of Haifa)
- Damien Geradin (University of Tilburg & Covington & Burling LLP)
- Gavin Robert (Partner, Linklaters LLP)
- Willard Tom (General Counsel, US Federal Trade Commission)
17:30 COFFEE BREAK 17:45
SESSION 4: Authorities Roundtable
Exemptions from the application of competition law / the challenge of applying competition law to foreign state activities: comparative and international perspectives
Chair: Allan Fels (Dean, Australian and New Zealand School of Government (ANZSOG))
- Gert-Jan.Koopman (Deputy Director General (State Aids) European Commission - OECD)
- Dhanedra Kumar (Chairman, Competition Commission of India)
- Jianhui Yang (Anti-Monopoly Bureau, MOFCOM)
- Yena Lim Hua Yen, (Chief Executive, Competition Commission of Singapore)
19:30 Close of Day one
- Conference schedule: Saturday 19 March
09:30 Registration and refreshments 10:00 SESSION 5:
Competition law and private regulation: Self-regulation by professional associations, regulation by trade associations or voluntary agreements promoting public interest
Chair: Eduardo Pérez Motta (President, Federal Competition Committee, Mexico)
- Assimakis Komninos (Commissioner, Hellenic Competition Commission)
- Ioannis Lianos (UCL Faculty of Laws)
- Paul Lugard (TBC) (former Head of Antitrust, Philips; Vice-Chair, Competition Commission BIAC; Lecturer Tilburg University)
- D. Daniel Sokol, (Professor of Law, Levin College of Law, University of Florida)
- Mark Williams (Professor of Law, The Hong Kong Polytechnic)
- Shiying Xu (Institute of Competition Law, East China University of Political Science and Law)
11:30 Coffee Break 11:45 SESSION 6
The interaction between competition law and regulatory alternatives (networks: broadcasting, digital media, infrastructure / energy)
Chair: Gert-Jan Koopman (Deputy Director General (State Aids), European Commission)
- Nick Economides (Professor of Economics, Stern Business School, NYU)
- Geoff Edwards (Vice-President, Charles River Associates)
- Leigh Hancher (University of Tilburg & Allen & Overy LLP)
- Clara Ingen-Housz (Partner, Baker & McKenzie LLP (Hong Kong))
- Franz Jürgen Säcker (Professor of Law, Freien Universität Berlin)
13:20 LUNCH 14:30 SESSION 7:
The interaction between competition law and regulatory alternatives II
(credence goods: healthcare and financial services)
Chair: Willard Tom (General Counsel, US Federal Trade Commission)
- Alberto Heimler (Professor of Economics, Advanced School of Public Administration, Government of the Italian Republic)
- Ioannis Kokkoris (University of Reading Law School)
- William Kovacic (Commissioner, Federal Trade Commission)
- David Stallibrass (Director, Markets and Projects: Services, UK Office of Fair Trading)
16:15 Break 16:30
Extensions - The evolving role of the State and the impact of competition law in a globalized world: institutional solutions for dealing with tragic choices
Emeritus Professor Valentine Korah (UCL Faculty of Laws)
Judge Frederic Jenny (Cour de Cassation and Chairman, OECD Competition Committee)
Open discussion to the floor
17:30 Concluding remarks:
Thomas Cheng (HKU), Ioannis Lianos (UCL) & Daniel Sokol (Florida)
17:45 End of conference
- Gold sponsor
- Baker & McKenzie
- Premium sponsors
- Charles River Associates
- Nera Economic Consulting
- Norton Rose
- US Chamber of Commerce
Information for speakers
- Useful information
(NB - NEW VENUE)
Hong Kong Convention and Exhibition Centre (HKCEC)
Harbour Road Entrance, Wanchai
The conference room is S221 on the 2nd Level
Getting to the Conference Venue A mini bus will be available each day of the conference to collect speakers from the hotel at :
08:30am on 18 March
09:40am on 19 March
If you wish to make your own way from Causeway Bay, then either take a taxi to the Harbour Road Entrance of the HKCEC. Download this document with the map, address and the address also written in Chinese.
Alternatively you can walk to the HKCEC in around 10 minutes although this along a very busy road.
Speakers Conference Hotel The Excelsior Hotel (Mandarin Oriental)
281 Gloucester Road
Causeway Bay, Hong Kong
Phone: + 852 2894 8888
The hotel is very close to Victoria Park and around 10 minutes from Central, Hong Kong's business district, the Airport Express terminal and Ferries
Please let Lisa Penfold know if you have not received your reservation number at the hotel.
Social Events during the Conference Exclusive Speakers' Lunch:
Baker and McKenzie are hosting a speakers only lunch at a restaurant local to the conference venue. Details will be available in due course.
17 March at 19:30
Host: Gregory So, Under Secretary for Commerce and Economic Development, Hong Kong SAR Government
Venue: Yung Kee Restaurant
Yung Kee Restaurant
32-40 Wellington Street,
Central, Hong Kong
Tel: (852) 2522 1624
Dress Code: Business Attire
Transportation is not provided for this dinner but a taxi journey from the hotel should take around 20 minutes. Yung Kee is one of Hong Kong’s best restaurants and was ranked No. 12 of the Asia’s Top 20 Finest Restaurant by The Miele Guide 2010.
18 March at 20:00
Host: Dean Johannes Chan of the University of Hong Kong at Club Lusitano
16 Ice House Street
Tel: 2523 5367
Transportation will be provided from the conference venue to the dinner. Those making their way from the hotel should take a taxi.
To and From the Airport / Getting around Hong Kong The quickest way to get to and from Hong Kong International Airport is to use the Airport Express Shuttle Train, which will take you to Hong Kong Central in just 23 minutes.
Hong Kong Octopus Card can be bought at the airport. This can be used on the Buses, Ferries, Tramways, Coaches, The Peak Tram and the Railways. There is an intial refundable deposit of 50 HKD plus an additional minimum top up to the card of 100 HKD (£12 or $19 in total). You can also use the octopus card in some stores to pay and it can be topped up easily at many outlets/stations across town. At the end of your visit, you can retrieve your deposit at the airport checkin desk in Central.
The cost of the Airport Express Shuttle Train using your Octopus card will be 100 HKD each way.
More information is available online at: http://www.octopus.com.hk/
Airport Express Travel Pass: This pass is specially designed for tourists (staying for under 14 Days) and for 300 HKD (£24 / 38.50 USD) will give you 2 single airport express journeys and unlimited travel on MLT, Light Rail and MTR Buses
View more infromation on Airport Express Services at: http://www.mtr.com.hk/eng/airport_express/tf_index.html
A taxi ride from the airport to the Excelsior Hotel, without rush-hour traffic, should cost about HKD250 (or roughly USD30 or GBP20). The price is subject to the amoun of luggage and traffic conditions.
Hotel Shuttle bus from the Airport. This costs HKD 150 and runs every 30 minutes from 6.30am to 12.30am. The journey takes around 50 minutes. Go to the Excelsior Welcome Desk (Booth B7) in the Meeters and Greeters Hall.
(pick up at the airport)
A very useful tourist map prepared by the Hong Kong Tourist Association is available at the airport, after you have gone through Customs. To and From Central to the Hotel Taxi:
Taxis are very reasonably priced in Hong Kong and you can pick them up just outside the Airport Express terminal at Hong Kong Central or your hotel. All taxi will provide you with a receipt where required.
A Free Shuttle Bus Service for the Excelsior Hotel runs daily from Central between 06:12am to 23:12pm every 20 minutes. Passengers are required to present the one of the following documents before boarding the bus:
· Air ticket / electronic ticket confirmation / boarding pass
· Airport Express ticket: Single Journey, Same Day Return, Round Trip, Airport Express Tourist Octopus
· Airport Express Shuttle passenger sticker
Worth a visit in Hong Kong
Take the iconic Star Ferry to enjoy stunning views around the harbour, and don�t miss the nightly A Symphony of Lights show featuring harbour-front buildings. This spectacular multimedia display, already named the "World's Largest Permanent Light and Sound Show" by Guinness World Records, has been further expanded to include more than 40 buildings on both sides of Victoria Harbour. The show creates an all-round vision of coloured lights, laser beams and searchlights performing a stunning, unforgettable spectacle synchronised to music and narration that celebrates the energy, spirit and diversity of Hong Kong. There are five main themes � Awakening, Energy, Heritage, Partnership and the finale, Celebration. The light show is best viewed on clear nights from the Kowloon Ferry terminal at Tsim Sha Tsui where there is a lovely waterfront promenade.
The Peak is Hong Kong's most dramatic and easily accessible site. Offering 360 degree views of the island and harbour as well as some of the most expensive and luxurious homes in Hong Kong. The display of city's night time neon from this vantage point is simply breathtaking. Access via the Peak Tram
For more information see: http://www.discoverhongkong.com/uk/attractions/hk-peak.html
Right across from the conference hotel by the typhoon shelter filled with yachts and bobbing sampans is the Noon Day gun. It is fired by Jardine's every day at noon as a time signal and at midnight on New Year's Eve.
Po Lin Monastery and the Giant Buddha (Lantau Island) - The Po Lin Monastery on Lantau Island was established by three monks in 1905 and sits on top on the Ngong Ping Plateau. The Giant Buddha is Asia's largest seated outdoor Buddha measuring 34 metres high and made of 250 tons of bronz. Take the MTR to Tung Chung and then the Ngong Ping 360 Cable Car over the mountains - not for those with vertigo! At busy times it is worth buying a priority boarding ticket as queues can be very long to get onto the cable car (they are just around the corner from the ticket hall, out of sight!).
How to get there: MTR Tung Chung Station Exit B, then take Ngong Ping Cable Car.
Causeway Bay - Your shopping experience begins on your doorstep of the conference hotel. Jardine's Bazaar and Jardine's Crescent have streets of canvas covered stalls with a myriad of accessories and bargains. Times Square and the swish Lee Gardens shopping malls offer a grand parade of international luxury brand names.
Stanley Market - Go there to buy Chinese curios, silks, personalised Character stamps and 'seconds', cheap designer clothing particularly great bargains for kids clothes. Apart from being a fun market it is a pretty location on the south side of the island. The market is open from 10:30am to 6:30pm.
How to get there: MTR Causeway Bay Station Exit B, walk to Tang Lung Street then take green minibus 40. OR MTR Hong Kong Station Exit D and take bus 6, 6A, 6X, 66 or 260 at Exchange Square Bus Terminus
Jade Market (Kowloon) - Here you will find small trinkets and tiny figurines to fine pieces of significant value. Located on Kansu and Battery streets, the Jade Market is a collection of around 400 stalls selling a wide range of jade pendants, rings, bracelets, carvings and ornaments. The market is open from 10am to 5pm. Nearby is Jade Street, located on Canton Road between Kansu Street and Jordan Road, where shops operate from every Monday to Saturday from 10am to 4pm.
How to get there: MTR Yau Ma Tei Station Exit C, walk along Nathan Road to Kansu Street. Walk along Kansu Street to Jade Market or continue along Kansu Street to Canton Road for 10 to 15 minutes.
Hollywood Road and Cat Street - Hollywood Road and Upper Lascar Row (also known as "Cat Street"), are must-see stops on every visitor's itinerary. Crammed with antique shops and an open-air curio market, these quaint locales are ideal places for picking up eclectic souvenirs and gifts. Everything from Ming dynasty furniture and lotus lamps to Mao badges and ancient snuff bottles is on sale here. Bargain hunters will also enjoy the stalls on Ladder Street, just a few metres downhill - and bargaining over price is all part of the game. Nearby Man Mo Temple is a picturesque tribute to the God of Literature (Man) and the God of War (Mo). The temple is located about halfway along the road and a stop in its quiet, incense-shrouded interior makes a pleasant break. You can see giant incense coils hanging overhead.
How to get there: Bus 26 outside Pacific Place at Admiralty to Hollywood Road and get off near Man Mo Temple OR MTR Central Station Exit D2 and turn right to Theatre Lane. Walk along Queen's Road Central towards The Center. Then take the Central - Mid-Levels Escalator to Hollywood Road.