Conference programme

In this panel, key antitrust agencies from both Asia-Pacific region and beyond will share their thoughts and observations on the latest developments in antitrust law enforcement in their jurisdictions. They will comment on what they see happening in antitrust law enforcement internationally and the extent to which their own antitrust enforcement is inspired by global antitrust developments or instead is characterized by unique features and local market realities. Panellists will discuss how to enforce without political intervention and the role of public interest considerations including whether the antitrust agencies should and can be relevant to pressing priorities such as tackling climate change, developing the digital agenda and dealing with de-globalisation and cost of living/labour market issues. Finally, the panellists will share their vision and insights on possible future developments in antitrust enforcement both globally and in the Asia-Pacific region.

Competitor collaborations on sustainability can be a force for good in our wider society where they aim to promote environmental and other social goals including addressing climate change, ensuring sustainable use of resources and the promotion of human and labour rights and animal welfare. Is competition law an obstacle to such agreements? Regulators are increasingly aware that competition rules need to take into account sustainability goals and be applied more flexibly to enable benign cooperation. However, getting it wrong can result in lengthy investigations, hefty fines and private damages actions that run in the billions. A number of authorities around the world have recently issued guidance to provide companies and their legal advisors a framework for distinguishing between positive collaboration agreements and problematic agreements that result in collusion. This panel will discuss recent developments and guidelines with the hope of shedding some ‘green’ light in this difficult area of the law.

The contours of unilateral conduct are rapidly expanding in Asia and around the world to address issues beyond exclusionary conduct to various forms of exploitative conduct. The panel will explore how dominance rules and other competition regulations are being used to address the abuse of superior bargaining positions and scrutinise positions of relative dominance. Is this a passing fad or a future trend? Should unilateral conduct rules be used to address market practices where no single entity is dominant? How do you evaluate the harm to competition in such instances? How will free and independent consumer choice be gauged – particularly in the digital economy? The panel will examine these and other questions, drawing on global law and policy developments.

Is there a need to review traditional thresholds on dominance in the digital economy? Will big tech ever be able enter into another acquisition? Is ex-ante regulation of platforms the way forward? The panel will dive into Europe’s Digital Markets Act and China’s Anti-Monopoly Guidelines for the Digital Economy, and discuss latest developments around the world including in the assessment of market power and ‘killer acquisitions’.

In recent times many mergers have been under attack. The panel will examine the new trends in global merger review with a special focus on how different jurisdictions deal with distinguishing between pro-competitive and anti-competitive mergers.

In-house antitrust counsel will discuss their current challenges, what they expect from outside counsel, and tell us their wishlist for the future.