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Thursday 6 June (0845 - 0850)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Thursday 6 June (0850 - 0900)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Thursday 6 June (0900 - 0920)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Thursday 6 June (0920 - 1045)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Programme details

Leniency programmes have been a huge success in many jurisdictions over the last 20 years, bringing cases to the attention of regulators and enabling them to successfully prosecute international cartels. But is the system still working well? The disincentives for leniency are increasingly strong. These include ‘side-effects’ of leniency applications, such as the heavy costs associated with broad document disclosures, and continuous cooperation with regulators and follow-on private litigation. In addition, regulators have been changing the rules of leniency, often without complete transparency. And cases are becoming more complex and not as clear-cut, which begs the question whether a full confession of hard-core conduct is merited.

This panel will explore practical issues associated with the strategic choice of seeking (or foregoing) leniency. The panel will also discuss a number of novel and developing theories of hard-core cartel conduct – such as information-sharing among competitors, algorithmic conspiracies, and collusion via ‘hubs’ or other conduits – and whether leniency still makes sense in such scenarios.

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Session/Workshop Chair(s)

Thursday 6 June (1045 - 1115)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Thursday 6 June (1115 - 1230)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Programme details

As technology develops and retail increasingly moves online, we are observing a rapid development of competition law enforcement in the vertical restraints arena. Old law is being applied in new and fast-changing situations. Issues include resale price maintenance via algorithmic tools, territorial restraints via geo-blocking (territorial restraints), online sales restrictions and price discrimination.

In addition, online platforms raise difficult questions where a platform acts both as a supplier of services to smaller retailers but also as a competitor (for example, the recent Amazon investigation in the European Union, and investigations into platforms in Australia and Japan). This panel will address these issues in the online retail world.

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Session/Workshop Chair(s)

Thursday 6 June (1230 - 1400)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Thursday 6 June (1400 - 1430)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Session/Workshop Chair(s)

Thursday 6 June (1430 - 1600)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Programme details

Recent trade wars and protectionism are changing the antitrust landscape. Critics argue that governments can increasingly take advantage of antitrust law to protect domestic industry from foreign investments, create national champions, protect interests such as privacy and the environment, employment and regional development. Is antitrust law becoming a more political tool? This panel will discuss whether antitrust law can take into account non-competition elements, such as public interest and national security, not only in the context of merger review but also other aspects of antitrust enforcement, including the relationship with intellectual property and Big Data.

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Session/Workshop Chair(s)

Thursday 6 June (1600 - 1630)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Thursday 6 June (1630 - 1800)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Programme details

As many industries become more consolidated, challenging merger cases are arising where the merger review process requires unique and substantial remedies. This panel will discuss creative strategies/arguments to convince multiple antitrust authorities around the world to clear difficult cases. It will also consider other challenges to the merger control process, such as gun-jumping violations and how to avoid them.

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Session/Workshop Chair(s)

Thursday 6 June (1830 - 2000)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Friday 7 June (0900 - 1025)

Programme details

Antitrust laws on unilateral conduct have traditionally focused on exclusionary abuses that affect the competitive process and structure of a market. However, regulators are increasingly willing to address exploitative conduct that can directly harm consumers or trading partners.

European regulators have looked at excessive pricing and unfair terms imposed on consumers. Japan, for example, has a unique provision to prevent companies from taking advantage of a position of superiority in an unreasonable way vis à-vis their trading partners.

This panel will examine the circumstances in which antitrust law can act as a check on exploitative conduct. It will also explore whether the collection of personal data and use of intellectual property can be a potential violation of antitrust law.

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Session/Workshop Chair(s)

Friday 7 June (1025 - 1055)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Friday 7 June (1055 - 1255)

Antitrust Section (Lead)
Asia Pacific Regional Forum

Programme details

It is time to hear the voices of the other side of the table in antitrust practice – the regulators. More and more jurisdictions in the Asia-Pacific region now have antitrust laws, and they are being enforced more actively. Are these jurisdictions heading towards United States-style or European Union-style enforcement, or are there unique features as their laws and enforcement practices develop? Is enforcement independent of political intervention, public interest considerations or other non-competition considerations? What do regulators think enforcement will look like in five years? Let’s hear their answers, with a focus on recent enforcement highlights and future developments.

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Session/Workshop Chair(s)

Friday 7 June (1255 - 1300)

Antitrust Section (Lead)
Asia Pacific Regional Forum (Lead)