Monday, July 21, 2014
Competition Law in China and Hong Kong: Understanding the Law and How to Comply
This practical 4-day program will be presented by Professor Mark Williams.
Dates: Friday 24 and Saturday 25 October, Friday 21 and Saturday 22 November, 2014.
The PRC has been enforcing the Anti-Monopoly Law (AML) for the last 5 years and in that time the merger control rules have become very important to multinational firms that have business interests in China or are active in markets that can affect China. MOFCOM has now become one of the most watched competition agencies globally as if China blocks or places conditions on a merger transaction whether this involves firms in China or firms outside China but affect a Chinese market, MOFCOM has the power to derail the deal. The reach of the AML has become very important to technology and raw material suppliers as well as a host of other industries internationally and to China or Hong Kong-based firms.
In purely domestic markets, not only are the merger provisions increasingly actively enforced but so too are the general antitrust provisions relating to the abuse of market power and ‘monopoly agreements’ – horizontal or vertical agreements between firms that may adversely affect competition. The National Development and Reform Commission and State Administration of Industry and Commerce are the state agencies tasked with enforcing these rules and they too have been flexing their muscles, imposing large penalties on infringing firms and sending shock waves through the domestic and international business communities.
Hong Kong enacted its first cross-sector competition law in 2012. A new competition Commission was established in 2013 and it is progressively preparing for full implementation of the Competition Ordinance in 2015.
The Hong Kong law is, in some aspects, similar to the PRC law but in other respects it is quite different. For example, only mergers in the telecommunications and broadcasting sectors will be subject to the Hong Kong law and the Competition Commission only has power to settle complaints of anticompetitive conduct or it must take an enforcement action before the Competition Tribunal, which alone can impose financial penalties and other remedies.
This 4 day executive education course will aim to:
- Outline the structure and main legal prohibitions in both Chinese and Hong Kong law
- Explain the instructional structure and powers of the competition agencies
- Discuss a number of major case studies, in both jurisdictions, of unlawful conduct, the penalties or remedies imposed and the effect of private litigation
- Consider the appropriate responses of both large and smaller firms to these new laws and, in particular, how firms can or should develop compliance procedures to keep out of trouble with authorities and to prevent litigation based on allegations of unlawful anticompetitive conduct
This course assumes no prior knowledge of competition law.
Mode of Delivery
The course will be conducted as a series of workshops that will encourage active participation and discussion of the most important and relevant issues and will seek to explain the law and appropriate corporate responses to it in a practical and focused way. Classes will run from 10am to 1pm and from 2pm to 5pm on each of the 4 days. The first two days (24 & 25 October 2014) will concentrate on China and the second two days (21 & 22 November 2014) will consider issues relevant to Hong Kong.
Who Should Attend?
The course will be useful to:
- Non-specialist lawyers in private practice whose clients operate in China or Hong Kong
- In-house counsel who may have to advise on the impact of competition law and appropriate complaisance procedures in China or Hong Kong
- Company secretaries charged with overseeing corporate governance and compliance issues whose companies do business in China or Hong Kong
- Trade or industry associations whose members carryon business in China or Hong Kong
- Company directors or senior staff with responsibilities for corporate affairs or compliance issues
- Government lawyers and enforcement agency staff
Accreditation for continuing professional development purposes has been applied for to the Law Society of Hong Kong and to the Hong Kong Institute of Companies Secretaries.
Admiralty Conference Centre (ACC)
1804, 18/F., Tower 1, Admiralty Centre,
18 Harcourt Road, Admiralty
The course is $AUD 2,500.00 (plus a booking fee of $0.30). Click here for COURSE REGISTRATION AND PAYMENT.
We are currently seeking accreditation from the Law Society of Hong Kong and the Hong Kong Institute of Company Secretaries for continuing professional development purposes.
Further details regarding materials will be made available directly to registrants via email.