Morning Sessions: Joint ventures and court judgements

(Panel Discussion)
Merger Controls – guidelines for joint ventures (JVs)
Joint ventures are a simpler way of growing operations without the cost and hassle that a merger may entail and for some jurisdictions, they provide a way of investing in industries that may otherwise be restricted or closed to foreign firms. However, recent developments in anti-monopoly regulations have meant that sometimes – in the eye of the enforcement authority – JVs raise concerns every bit as serious as an outright acquisition.

• China focus: the role of JVs in China, and a look at why the status of JVs under the anti-monopoly regulations remains uncertain
• In what ways can a JV be viewed as anti-competitive and attract the attention of the enforcement authorities?
• Multi-jurisdictional JVs: where do JVs typically trigger merger filings or investigations from regulators?
• Case study: JV investigations

Philip Gu, General Counsel, DANONE
Jin Wang, Head of Legal, SHELL 
Martin Commons, Special Counsel, BAKER & MCKENZIE

(Panel Discussion)
Infringement decisions and judgements: important lessons from high-profile cases
Whether your legal department consists of just one person or a huge team spread across the region, when global companies fall foul of the law, lessons can always be learnt.

• Review of cases involving Microsoft, Intel, Pfizerand others
• How did these companies with complex compliance strategies break the law?
• What ways would the judgements be different in another jurisdiction?
• What lessons can be learnt and how do you apply them to your business?

Scott Weber, Director of Legal Affairs APAC, JUNIPER NETWORKS
Mike Yeh, Director of Competition Law, MICROSOFT
Dr Alan Cox, Senior VP, NERA

Coffee Break

(Panel Discussion)
Cartel Enforcement – the increasing appetite for the hard-line approach
With anti-monopoly authorities clamping down increasingly hard on cartels – several senior executives from MNCs have been jailed in the US – staying abreast of developments is an important issue that cannot be overlooked.

• Review of cases from around the globe and the record fines levied
• Collusion & pricing: the effects of vertical & horizontal agreements - staying competitive within the law
• Self-disclosure(s): sanctions available for the whistle-blower
• Multi-jurisdiction co-operation: analysing the powers of the enforcement authorities and how they are collaborating

Dr. Andrew Simpson, Principal, CERTARI CONSULTING
Soon Sik Ju, Senior Advisor, YULCHON (Former Commissioner for Korea Fair Trade Commission)
Gregory Leonard, Senior VP, NERA
 

(Panel Discussion)
Anti-Monopoly Investigations – practical advice when you are under investigation
Hear from leading experts on all aspects of anti-monopoly investigations – before, during and after an investigation.

• Common scenarios requiring investigative approaches by companies
• Taking China’s pulse by gathering business intelligence before sensitive M&A deals
• Avoiding the Coca-Cola scenario
• Investigating the theft of technology by competitors
• Investigating non-compete violations and unfair competition

Peter Humphrey, Managing Director, CHINAWHYS

Lunch

Afternoon Sessions: Compliance, IP and litigation

Reviewing your compliance programme and strategy
More than ever, compliance programmes and strategies are a major help in mitigating costly errors in the future.  With regulations constantly evolving, ensure that your programmes are capable of handling these developments with practical advice from leading compliance experts.

• How do you determine if your existing compliance programmes are effective and in line with current trends?
• What key issues should you focus on when re-designing/updating compliance policies?
• Understand the different factors that alter policies on a global and local level
• Practical tips on preparing your compliance programme to deal with new developments

Edward Li, Regional Counsel North Asia, JOHNSON & JOHNSON (China Investment)
Mao Rong, Of Counsel, Reed Smith (Former Director of Legal, Kodak)

Implementing and communicating your anti-monopoly policies to employees
This session will provide practical advice on how to keep your company and business partners abreast of anti-monopoly regulations.

• Risk & cost mitigation: learn how to implement risk strategies to ensure minimum cost and disruption to your company
• What factors do you need to consider when creating training workshops for employees?
• Why should you involve your channel/business partners?
• Practical advice on conveying good compliance practices to your employees and partners

Rajinder Sharma, President & Group General Counsel, JSW GROUP
Mao Rong, Of Counsel, REED SMITH (Former Director of Legal, Kodak)

Coffee Break

Finding yourself in hot water: Unintentional behaviour that can end in litigation
Natural behaviours can lead to AML hot water. Just psyching up the team with strong language? Talking to an industry friend at a barbecue or at a trade association? Chatting aimlessly about your future market focus? Ensure that you educate your people at the coal face and whittle down the risk.

• What common behaviours can end in litigation?
• Unintentional pricing cartels and market division
• The social situations that are most dangerous in different countries
• Which departments are most prone to these natural behaviours?
• Adapting your compliance programme to minimise these behaviours

Kirsty Dougan, Director, ASIA COUNSEL

Dealing with litigation – minimising the risks and consequences of going to court
Any sort of litigation is expensive, and litigation takes many forms. With corporates facing the possibility of private action, you may feel you lack control over the situation. Take some of the control back by improving your ability to mitigate the costs and keep out of the national spotlight.

• An ounce of prevention: Practical advice on avoiding expensive avoidable mistakes
• Balancing Intellectual Property Law and AML law: Overlapping laws that can put you in breach of one when complying with the other
• How to appeal successfully against unfavourable regulator decisions
• Practical advice on negotiating settlements with plaintiffs
• Case study: Apple vs. Nokia

End of day two