FINAL DRAFT 08/11/2016
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1 Asian Competition Forum 12 th Annual Conference 5 th & 6 th December 2016, Hong Kong INNOVATION, CREATIVITY, TECHNOLOGY: THE IMPACT OF COMPETITION LAW IN ASIA FINAL DRAFT 08/11/2016 First Day Morning 8:30 9:00 Registration 9:00 9:15 Welcome Speech and Opening Address Ms. Rose Webb, CEO Hong Kong Competition Commission 9:15-10:00 Keynote Speech Professor Michael JACOBS, Distinguished Research Professor of Law, De Paul University College of Law, Chicago, USA: 'Faith-Based Intellectual Property, Faith-Based Antitrust?' SESSION (A): Abuse of Dominance in Technology Markets 10:00-11:00 Chair: Mr. Frank FINE, Senior Counsel, DeHeng Law Offices Prof Ioannis KOKKORIS, Executive Director of Institute for Global Law, Queen Mary University: 'Innovation, Search Engines and Abuse of Dominance'; Prof Francisco MARCOS, IE Law School: 'Innovation by Dominant Firms in the Market: Damned if You Don't... But Damned if You Do?' Mr. Stephen CROSSWELL, Partner, Competition Practice, Baker & McKenzie (Hong Kong): 'Dominance or the power of innovation how does a regulator know?' 11:00-11:15 Break SESSION (B): Antitrust Standards and Competition Agency Process in Asia 11:15 12:45 Chair: Mr. Andrew HEIMERT, Federal Competition Counsel for Asian Competition Affairs Dr Dina KALLAY, Director, Competition & Intellectual Property, Ericsson: 'Asian Antitrust-Intellectual Property Developments in a Global Perspective'; Mr. Karan Singh CHANDHIOK, Partner and Practice Head, Competition Law and Disputes Practice, Chandhiok & Associates and Treasurer of the Competition Law Bar Association: ' Should Traditional Antitrust Standards apply in Technology Markets: Issues from India' Mr. Marc WAHA, Foreign Legal Consultant, Norton Rose Fulbright: 'The impact of technological change on market definition and the competitive assessment'; Prof. Allan FELS, Professorial Fellow, The University of Melbourne: 'Independence 1
2 of Competition Authorities' Mr Chris LONGMAN, Senior Director and Legal Counsel, Qualcomm Incorporated: 'Current status of procedural fairness across agencies in Asia' 12:45 14:00 Lunch First Day Afternoon Breakout SESSION (C ): ASEAN Jurisdictions and Innovation 14:00-15:30 Chair: Prof Burton ONG, National University of Singapore Mr. David FRUITMAN, Regional Competition Counsel, Senior Consultant DFDL (Cambodia): 'The Legislative and Institutional Capacity of Cambodia to Address Innovation Markets'; Prof Dr. Ningrum SIRAIT, University of Sumatra Utara: 'Innovation, Intellectual Property Rights and Fair Competition in Indonesia'; Ms. Kanni RAMAIAH, University Technology MARA (Malaysia): ' Innovation, Intellectual Property Rights and Fair Competition Policy in Malaysia'; Commissioner Saidah SAKWAN, KPPU International: 'Online Transportation Services: Competition or Regulatory Issue?'; Mr. Anthony ABAD, President and CEO of Trade Advisors: 'Competition, Innovation and Compliance for Technology-Driven Companies The Case of the Philippine Startup Ecosystem'. 15:30-15:45 Break SESSION (D): Patent Terms and Competition Law 15:45-17:30 Chair: Mr. Chris LONGMAN, Senior Director and Legal Counsel, Qualcomm Incorporated Assoc. Prof Burton ONG, National University of Singapore: 'Disputes arising from Standard Essential Patent ownership and transactions: How big a role should the competition law framework play?'; Professor Toshiaki TAKIGAWA, Kansai University: 'Non-Assertion of Patent Clause and Competition Law: A Comparative Analysis of the US, the EU, Japan and China' Henry Wheare, Counsel, Hogan Lovells: 'Title' - TBC SESSION (E): IP Licensing in Asia 14:00-15:30 Chair: Mr. Knut FOURNIER, Chair, Hong Kong Competition Association Mr. Guy LOUGHER, Partner and Head of EU & Competition, Pinsent Masons: 'Impact of the Second Conduct Rule on licensing IP rights'; Mr. Kentaro HIRAYAMA, Attorney at Law and Associate Professor, Tokyo University of Science, Graduate School of Innovation Studies: 'Refusals to License Intellectual Property Cases and Guidelines in Japan'; 2
3 Mr. Kelvin KWOK, Assistant Professor at Law, University of Hong Kong and Barrister-at-Law, Des Voeux Chambers: 'Refusal to License Intellectual Property Rights under the Anti-Monopoly Law of China' 15:30-15:45 Break SESSION (F): Information Networks and Competition 15:45-17:30 Chair: Prof Francisco MARCOS, IE Law School Mr. Victor HUNG, Head of Planning and Trade Practices Division, Hong Kong Consumer Council: 'Designing Anti-competitive Network Structure'; Mr. Marcus BEZZI, Executive General Manager, Competition Enforcement, Australia Competition and Consumer Commission: 'Tackling online vertical restraints to enhance price competition' Mr. Frank FINE, Senior Counsel, Competition and Antitrust Practice Group, DeHeng Law Offices: TBC Second Day Morning 8:30 9:00 Registration 9:00-9:20 Prof. Caron BEATON-WELLS, The University of Melbourne, 'Global Competition Law Education in an Online Environment' SESSION (G): Innovation and Competition Chair: Mr. Guy LOUGHER, Partner and Head of EU & Competition, Pinsent Masons 9:20-10:45 Mr. Hiroshi YAMADA, Deputy Secretary General for International Affairs, Japan Fair Trade Commission: TBC Dr. Steven VAN UYTSEL, Associate Professor, Kyushu University: 'Technologydriven Innovation, Startups, and Competition Law: The Case of Japan'; Mr. Emilio VARANINI, Deputy Attorney General of California State: 'Fostering Innovation and Creativity in Labor and in Distribution via Competition Law in California: Lessons for Asia for the 21st Century'; Mr. Herbert FUNG, Director (Business and Economics), Competition Commission of Singapore: 'Rebalancing Competition Policy to Stimulate Innovation and Sustain Growth'; Asst. Prof. Sandra MARCO COLINO, Faculty of Law, Chinese University of Hong Kong: 'Digital Markets and Emerging Competition Regimes: the Case of Hong Kong'. 10:45 11:00 Break SESSION (H): New Technologies and Competition in Asia 11:00 12:30 Chair: Prof. Caron BEATON-WELLS, The University of Melbourne 3
4 Dr. Angus YOUNG, Senior Lecturer, Department of Accountancy & Law, Hong Kong Baptist University: 'Legal Technology Changing the Business of Law: New Frontiers in Competition?' Prof. HOU Liyang, Professor and Assistant Dean, KoGuan Law School, Shanghai Jiao Tong University: 'Impact of Innovation on Competition Law: from an outcomeoriented approach to a process-oriented approach'; Dr Seema GAUR, IES Advisor, Department of Industrial Policy and Promotion, Ministry of Industry and Commerce, Government of India: 'Innovation and IPRs: Role of Competition Law in India' Commissioner Johannes BERNABE, Philippines Competition Commission: 'Perspective from a New Competition Agency on the Interface between Competition Law and Intellectual Property Rights' 12:30 14:00 Lunch Second Day Afternoon SESSION (I): China and Innovation Markets 14:00 15:30 Chair: Mr. Adrian EMCH, Partner, Hogan Lovells Prof. WANG Xiaoye, Institute of Law, Chinese Academy of Social Science: 'SEPs and Competition Law from Perspective of the Case of Huawei v. IDC'; Dr. ZHU Jingwen, Registered Foreign Lawyer, Winston and Strawn: 'China's New Rules on Antitrust and Intellectual Property Intersected Issues'; Prof LIN Ping, Head and Professor, Director of Centre for Public Policy Studies, Lingnan University: 'Fair Competition Review in High-Tech Industries in China: A Case Study' 15:30 15:45 Break SESSION (J): Disruptive Technologies 15:45 17:20 Chair: Dr Dina KALLAY, Director, Competition & Intellectual Property, Ericsson Mr. Hassan QAQAYA, Ex-UNCTAD: 'Competition Law and Innovation in the 21st Century'; Dr. Joseph WILSON, Former Chairman, Competition Commission of Pakistan, McGill University: 'Regulated Industries and Disruptive Technologies: Role for Competition Agencies'; Mr. Andrew J. HEIMERT, Counsel for Asian Competition Affairs, Federal Trade Commission: 'Competition Enforcement vs. Competition Advocacy What Role for Antitrust Enforcers Regarding Disruptive Innovation?'; TBC 17:20 17:30 Closing Address Prof. Mark WILLIAMS Executive Director, ACF 4
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