The APEC Training Course on Competition Policy

PARTICIPANT'S HANDBOOK

The APEC Training Course on Competition Policy

(CPLG 01/2011T)

“Effective Mechanism against Cartel Offences”

Hydro Hotel Penang

October 10-12, 2011

Penang, Malaysia

Organised by:

Malaysia Competition Commission (MyCC)

in collaboration with

Japan Fair Trade Commission (JFTC)

CONTENT

Page

Background3

Objective4

Programme5

Curriculum Vitae of Speakers7

Participants List13

Other Information18

BACKGROUND

APEC Competition Policy and Law Group (CPLG) has conducted a series of training programs/courses on competition policy in the period 2002-2010 to build capacities concerning competition policy towards the APEC objectives of free and open trade and investment. This Training Course is intended to be the first successor to these training programs/courses on competition policy.

The program is designed to put into action the Leaders’ commitment to make LAISR a central element of APEC’s agenda. Particularly in the face of the global financial crisis, Leaders confirmed their commitment to pursuing, and helping APEC economies to build capacity to undertake, sound structural reforms. Competition policy is one of the key components of structural reform and helps economies to raise economic efficiency, enhance consumer welfare and promote sustainable growth. CPLG is the APEC Economic Committee (EC)’s sub-group in charge of progressing a substantial part of the EC’s competition policy work stream and this project represents the biggest component of that work program

This will build APEC economies’ capacity in the area of competition policy and contribute to the implementation of “Osaka Action Agenda” (adopted in 1995, amended in 2002) and “APEC Principles to Enhance Competition and Regulatory Reform and Structural Reform” (adopted in 1999). In addition, it is also expected to progress both the “APEC Structural Reform Action Plan” (adopted by the APEC Ministers Meeting in 2003) and “Leader’s Agenda to Implement Structural Reform (LAISR)” (adopted in 2004). This project will also contribute to the “APEC Growth Strategy” formulated in November 2010.

Based on a survey conducted by CPLG on possible themes to be dealt with in the future training program, this training course will focus on cartels for the purpose of sharing the latest strategies and discussing the latest investigation techniques in combating against cartel offences.

Competition policy is one of the most essential factors to promoting structural reform in the APEC region as an effective means to raise economic efficiency, enhance consumer welfare and promote sustainable economic growth. However, competition policy is not fully effective without strict enforcement of competition law against anticompetitive conducts including cartels. Therefore, it is apt for APEC to undertake this project as it would enlighten the problems faced by competition regulators in APEC Economies and the measures applied to counter these problems. This would also serve as a platform for sharing of experience between developed competition authorities and new established competition authorities. In view of the fact that cartel activities are difficult to detect, a collective effort to counter cartel activities would effectively address this issue. The Training program would broaden and enhance policy makers and enforcement officials on how cartel activities operate and thus providing the necessary techniques to detect and investigate cartel cases. It is important for APEC as a regional group to address this issue as effects of cartel activities are cross-border in nature and to some extent therefore affects the competitiveness of an economy which in turn would directly affect trade among member economies.

OBJECTIVE

The key objectives of the two days training course are:

 to share the latest effective strategies in detecting cartel activities;

 to discuss the best methods to destabilize cartel activities;

 to discuss the latest investigation techniques in combating against cartel offences;

 to highlight the need for international cross border cooperation in fighting against international cartel networks; and

 to build capacity especially for newly established competition authorities by better utilization of the accumulated APEC knowledge and expertise.

thereby, ultimately:

 contributing to promoting the 2010 APEC theme of “Growth Strategy” and to achieving the “Bogor Goals”, “APEC Principles to Enhance Competition and Regulatory Reform”, and “LAISR”, by providing technical cooperation and assistance on competition policy with regard to competition advocacy, especially for developing economies; and

 protecting the result of free trade and investment by sharing experiences in promoting competitive environment through advocacy of competition policy and law.

 Many economies have long acknowledged the need to counter against cartel conspirators which are indeed a hindrance to free trade and investment, with some member economies Cartel enforcement is the top priority area of member economies’ needs for capacity building, based on the survey conducted by CPLG in April 2009.

 Through the training course, in the short term, the participants are expected to:

- share the latest effective mechanism in detecting cartel activities;

- acquire capacity in conducting an effective investigation technique against domestic and international cartel activities;

- implement a more effective cartel redress mechanism including whistle blowing and leniency framework thereby promoting and protecting market competition; and

- foster better cooperation network among international competition authorities in the APEC region.

 In the longer term, the achievement of this project’s objectives will be measured by the extent to which it contributes to economic growth and structural reform in member economies, and in particular developing member economies, which may reach Bogor’s goal of free and open trade and investment

PROGRAMME

DAY 1: 10 October 2011 (Monday)

DAY 2: 11 October 2011 (Tuesday)

DAY 3: 12 October 2011 (Wednesday)

Curriculum Vitae of Speakers

1. Mr .Sangmin Song

Education

2001-2006 University of Warwick, PhD in Economics

2000-2001 University of Warwick, MSc in Economic policy and analysis

1985-1989 Seoul National University, BA in Economics

Dissertation Title : Foreign firms, Price Competition, Entry Decisions: Evidence from the Korean Experience

Professional Experience

2010 CCPB, UNCTAD

2009 ~2010 Anti-Monopoly Division (Service Sector), KFTC, Director

2006-2008 Economic Analysis Team, KFTC, Director

2005-2006 M&A Review Team, KFTC, Deputy Director

1997-2000 Competition Policy Division, KFTC, Deputy Director

1995-1997 Investigation Division 2, KFTC, Deputy Director

1994-1995 Ministry of Finance and Economy, Deputy Director

Teaching

1st Semester 2009 Lecturer, Korea University, Department of Economics - Graduate course : “Seminars on Industrial Organization and Antitrust Enforcement”

Selected External Presentations

“Market Definition and Economic Analysis”, Seminar at KOICA competition law training program for developing countries, Seoul (2009)

“Methods of Market Definition in Antitrust Enforcement: Actual Cases in Korea”, Seminar at Seoul Competition Forum, Seoul (2008)

“Quantitative Methods in a Supermarket Merger”, Seminar at International Symposium for Antitrust Enforcement, State Administration for Industry and Commerce, China (2007)

“A Quantitative Analysis of Unilateral Effect: a Case Study from Korea”, Seminar at OECD RCC program for competition authorities, Seoul (2007)

1. Mr. William E. Kovacic

William Evan Kovacic is a member of the faculty of the George Washington University Law School. From January 2006 through September 2011, he served as a member of the U.S. Federal Trade Commission and was its Chairman from March 2008 to March 2009. From June 2001 through December 2004, Professor Kovacic served as the FTC’s General Counsel. At George Washington, Professor Kovacic has taught antitrust, contracts, government contracts, and seminars on comparative government procurement law and law and development. From 1986 to 1999, he was a professor at the George Mason University School of Law.

1. Haw-Kae(Charles) Chen

13 F, No. 2-2 Jinan Rd., Sec. 1,

Zhongzheng District,

Taipei City 100,Taiwan(R.O.C.),

Tel: 886-2-23517588 Ext.358

E-mail:

Current Position

Specialist, Second Department, Fair Trade Commission

Education Data

Master of Business Administration, National Cheng Chi University

Bachelor.of Science, Department of Computer and Information Science, National Chiao Tung University

Working Experience

Teacher Assistant, Department of Computer Science and Information Engineering, National Taiwan University

Engineer, Department of Product Management, Quanta Computer

Project Manager, DBTEL Inc.

Sales Representative, Synopsys Taiwan Ltd.

Research Assistant, Chung-Hua Institution for Economic Research

1. Mr. Masunori Tsukada

Senior Investigator, Investigation Division II

Japan Fair Trade Commission

Education:

B. A., Economics, Tokyo University

Working Experience:

1993.4 Joined the Japan Fair Trade Commission (JFTC)

2006.4 Special Investigator, Investigation Division V, Investigation Bureau

2006.7 Deputy Director, Management and Planning Division, Investigation Bureau

2007.6 Director, Economic Research Office, General Affairs Division, Economic Affairs Bureau

2008.6 Senior Officer for Leniency Program, Management and Planning Division, Investigation Bureau

2010.6 Senior Investigator, Investigation Division II, Investigation Bureau

1. Stéphanie Yon

Stéphanie Yon is an international lawyer specialised in competition law and policy.

Member of the Paris Bar, she holds a Masters degree in European Business Law from the European Studies Institute (Brussels University, Belgium) and is also graduated in English and European Law at the University of Bristol (UK) and in French Business Law

She started her professional career as lawyer for 3 years in the European Commission (Directorate General Education Audiovisual and Culture), in Brussels, where she was in charge of the Media Programme.

She then moved to the private practice during 6 years in the Paris offices of Freshfields Bruckhaus Deringer and Allen & Overy. She has gathered considerable experience in advising groups and companies in relation to competition issues both on the advisory side and in proceedings before the French and European Competition authorities in a range of sectors including telecoms, energy and audiovisual.

In 2007, she became Adviser for international affairs in the newly created Office of the President of the French Competition Council, one year before France’s former Competition Council became the single competition Authority in France following its merger with the previous Directorate General of Competition in the French Ministry of Economy. She was in charge of multilateral affairs, which involved representing the French Authority in international organisations or global fora dedicated to competition law and policy, such as the International Competition Network (ICN), the OECD and the United Nations Conference on Trade And Development (UNCTAD). She also developed many bilateral relations with foreign counterparts all over the world mainly in Asia (several missions mainly in and with Asean countries and Taiwan Fair Trade Commission, co-organisation a high-level regional conference on competition with the ASEAN countries in 2009 in Vietnam), Africa and America. She left the French Competition Authority in January 2011.

Since then, she attended the International Competition Network (ICN) Annual Conference in The Hague last May 2011 as Non Governmental Advisor for the Turkish Competition Authority (Rekabet) where she took part to a break out session of the Agency effectiveness Working group dedicated to issues on Effective Knowledge Management.

Stéphanie Yon is a co-author of the International Competition Policy of the Concurrences Review (Quarterly Bulletin in competition) since its creation in 2004. She regularly covers annual conferences of the ICN, OECD meetings and Global forum as well as UNCTAD. Recent articles in French and English include papers on the Asean Regional Guidelines on Competition Policy (in Concurrences, N° 4-2010); the Tenth anniversary of the OECD Global Forum in February 2011 (in Concurrences, N° 2-2011) or the last ICN Annual Conference held in The Hague on May 2011 (in Concurrences N° 3-2011), as well as interviews such as "Fernando Furlan : New President of CADE in key period, in Concurrences, N° 2-2011", "John FINGLETON: An international perspective, Concurrences, in Concurrences N° 3-2010," or "Jon LEIBOWITZ: Priorities and challenges for the US FTC, in Concurrences, N° 1-2010".

Since March 2011, she is also Project Manager in charge of European Regional Policy for the General Director of the Basse-Normandie Region. Her mission include the coordination of the negotiations with the French Government, the European Commission and the European Parliament on the European funds to be allocated to French regions for the next budgetary wave (2014-2020). She has also just been appointed by the President of the Basse Normandie Region to coordinate the Committee on the inclusion on the World Heritage list of the UNESCO of the D Day Beaches (where the 2nd World War took place in Normandy).

1. Alan Ducret

Current Position: Queensland Regional Director,

Australian Competition and Consumer Commission

Qualifications: Bachelor of Arts (Legal Studies), LaTrobe University

Mr Ducret has been employed by the Australian Competition and Consumer Commission (previously known as the Trade Practices Commission) in Australia since the Commission's inception in October 1974. He has worked in the Commission's Melbourne, Townsville and Brisbane offices. He has administered enforcement programs under both the competition based Restrictive Trade Practices provisions of the Trade Practices Act and the Consumer Protection provisions of the Act. He has extensive practical experience in competition and consumer law enforcement.

In his time with the Commission Mr Ducret has been involved in a good deal of interesting litigation, including the first litigation to gaol a Managing Director under the Trade Practices Act, the much publicised aboriginal insurance matters, the concrete price fixing case in Brisbane which attracted record penalties and the cartel and failure to service actions against Queensland fire protection companies.

1. Mr. Shingo Sseryo

Professor, Faculty of Law, Department of Law, Doshisha University

Date of birth: 1960/9/21

Nationality: Japan

Educational Background: <Graduate School>

1. Ritsumeikan University

Doctor (Graduate School, Division of Law)

Accomplished credits for doctoral program in 1988

2. Ritsumeikan University

Master (Graduate School, Division of Law)

Completed in 1985

Employment:

Current Research:

Research Field : Social Law, Economic Law, International Economic Law Category : Social jurisprudence

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