| Program |
 |
| INAUGURAL SESSION - 10.00 am to 11.00 am |
WELCOME OPENING ADDRESS BY
Mr. Ramji Srinivasan, Sr. Adv. (President, Competition Law Bar Association)
ADDRESS BY
Dr. Lalit Bhasin (President, Society of Indian Law Firms)
OPENING ADDRESS BY
Dr. Abhishek Manu Singhvi (Senior Advocate & Member of Parliament)
KEYNOTE ADDRESS BY
Hon'ble Mr. Justice G. S. Singhvi, (Chairman, Competition Appellate Tribunal)
SPECIAL ADDRESS BY
Hon'ble Mr. D.K. Sikri (Chairman, Competition Commission of India)
INAUGURAL ADDRESS BY CHIEF GUEST
Hon'ble Mr. Justice A.K. Sikri (Judge, Supreme Court of India)
VOTE OF THANKS
Mr. Atul Dua (Hony. Secretary, Competition Law Bar Association) |
| Coffee Break - 11:00 am to 11:30 am |
| TECHNICAL SESSIONS |
| 11:30 AM to 1:00 PM (Parallel Sessions) |
SESSION I
Theme: Enforcement, Due process and Procedures
Chair:
Hon’ble Mr. Justice Rajiv Sahai Endlaw, Judge, High Court of Delhi |
SESSION IA
Theme: Anti-competitive conduct
Chair:
Mr. Rajeev Kher, Member, Competition Appellate Tribunal |
- Mr. Justice G.P. Mittal, Member, Competition Commission of India
- Mr. Manas Kumar Chaudhuri, Partner Khaitan & Co
- Mr. Percival Billimoria, Partner, Cyril Amarchand Mangaldas
- Dr. Christian Steinle, Partner, Gleiss Lutz
|
- Mr. John Boyce, Partner, Slaughter & May, Brussels
- Mr. Ram Tamara, Nathan Associates
- Mr. Abdullah Hussain, Partner, Luthra & Luthra Law Offices
- Dr. Markus Rohrig, Partner, Hengler Mueller
- Mr. M. M. Sharma, Head-Competition Law and Policy, Vaish Associates Advocates
|
| The CCI and the COMPAT have completed seven years of antitrust enforcement - a period that has seen the use of procedures and tools develop in sophistication and ease of deployment. At the seven-year mark, there is a need to reflect on the practices to date, and consider suggestions to further strengthen these young institutions. |
Antitrust authorities recognize that not all horizontal agreements are anticompetitive. In the absence of guidance, what tools can enterprises use to guide their conduct?
Parallel conduct and the emergence of global cartels also highlight the need of economic tools to prove the cause and effect of such conduct.
How do regulatory agencies secure international cooperation and what is the extent of extra territoriality of their jurisdictions?
What are recent developments in the cases of vertical arrangements and abuse of dominance?
|
| Discussion points: |
Discussion points: |
- Scope of inquiry and investigation.
- Protecting confidential information while preserving the right of defence - hurdles and solutions
- Precedents - the building blocks of rule-making
- International cooperation in competition enforcement - best practices from other jurisdictions.
- Dawn raids - an international comparison
- Due Process - a critical safeguard
|
- The scope of Section 3(1): anti-competitive agreements that are not cartels
- Global cartels: how and when do they impact India?
- When does a joint venture become risky venture?
- Proving efficiencies: the economic hurdle
- What is the legal status of international regulatory cooperation?
- Exclusionary conduct and exploitative conduct.
|
| Lunch - 01:00 pm to 02:00 pm |
| TECHNICAL SESSIONS |
| 2:00 PM to 3:30 PM (Parallel Sessions) |
SESSION II
Theme: Merger control: the regulator and the regulated
Chair:
Mr. Sudhir Mital, Member, Competition Commission of India |
SESSION IIA
Theme: Importance of Competition compliance and leniency program globally
Chair:
Ms. Anita Kapur, Member, Competition Appellate Tribunal
Moderator:
Mr. Karan Singh Chandhiok, Partner, Chandhiok & Associates |
- Mr. Samir R Gandhi, Partner, AZB & Partners
- Ms. Shweta Shroff Chopra, Partner, Shardul Amarchand Mangaldas
- Mr. Johan Van Acker, Partner, Van Beal Bellis
- Mr. Geert Goeteyn, Partner, Shearman & Sterling
- Rajshekhar Rao, Advocate
|
- Dr. Peter Camesasca, Partner, Covington & Burling
- Ms. Smita Jhingran, Secretary, Competition Commission of India
- Mr. Nitin Gupta, Director General, Competition Commission of India
- Mr. Andrew Foster, Counsel, Skadden, Arps, Slate, Meagher & Flom
- Mr. S. Seetharaman, Partner, Lakshmikumaran and Sridharan
|
| The CCI has cleared close nearly 400 transactions in the short period since the enactment of the merger control provisions. In that time, despite being a young regulator, the CCI has speedily tackled issues of increasing complexity, structured effective remedies, and delved into sectors being looked at globally. This has enabled the government policy of 'ease of doing business' in India. But, have new and tricky issues emerged, that merit due consideration? |
The tools of compliance can help detect and mitigate antitrust risks for an enterprise. At the same time, given the limited resources and capacities available with young antitrust authorities like the CCI, should such regulators embrace settlements and avoid lengthy rounds of litigation? |
| Discussion points: |
Discussion points: |
- The effective use of economic tools in merger analysis - what, when and how
- Is it time to reinstate the exemption for lack of jurisdictional nexus?
- If so, how do we make this an effective exemption?
- When to file - Effectiveness of the pre-filing consultation process and comments on the proposed move towards automation
- International best practices in merger control
- Lessons from the EU on detailed engagement prior to filing with a view to streamlining the approval process
- Issuing timely decisions
- Treatment of intra-group restructurings - substance over form
|
- Benefits of an effective competition compliance programme:
- Conduct detection and the ability to file for immunity/lesser penalty
- Improving the efficacy of the CCI’s leniency programme
- Settlements and commitments with the regulator - international best practices applied to the CCI’s limited resources
- Creating a competition compliant environment
- Implementing an effective leneiency program - development and challenges
|
| Coffee Break - 03:30 pm to 04:00 pm |
| TECHNICAL SESSIONS |
| 04:00 PM to 05:30 PM (Parallel Sessions) |
SESSION III
Theme: Technology and competition law: emerging challenges
Chair:
Mr. S. L. Bunker, Member, Competition Commission of India |
SESSION IIIA
Theme: Competition law and sectoral regulators: Interdependence or overlap?
Chair:
Hon’ble Mr. Justice S. J. Mukhopadhaya, Chairperson, National Company Law Appellate Tribunal
Moderator:
Mr. Anand Pathak, Partner, P&A Law Offices |
- Dhanendra Kumar, Chairman Competition Advisory Services India LLP and Former Chairman, Competition Commission of India
- Mr. Ruchit Patel, Partner, Ropes & Gray
- Dr. Geeta Gouri, Ex- Member, Competition Commission of India
- Mr. H. Stephen Harris Jr., Partner, Winston & Strawn
- Mr. Ravishekar Nair, Partner, Economic Law Practice
|
- Dr. M. S. Sahoo, Chairman, Insolvency and Bankruptcy Board of India
- Mr. Rakesh Nath, Ex-Technical Member, Appellate Tribunal for Electricity
- Mr. Kuldip Singh, Ex- Member, Telecom Dispute Settlement and Appellate Tribunal
- Mr. S. Machendranathan, Chairperson, Airport Economic Regulatory Authority of India
- Mr. Sakya Singha Chaudhuri, Partner, HSA Advocates
|
| The role of competition law in the field of high technology has global antitrust regulators preoccupied. We consider the key questions of when to intervene, and more importantly, whether to intervene, for fear of committing errors, and note the significant efforts among antitrust agencies to coordinate and converge on principles for enforcement. The session analyses the way in which competition authorities in Europe and the United States have examined product design innovations from a competition law perspective. |
Sectoral regulators in India have concurrent powers to regulate market behaviour and/or monitor M&A activity. There is a need for an effective framework to govern the interplay between these sectoral regulators and the dedicated competition regulator, the Competition Commission of India. |
| Discussion points: |
Discussion points: |
- Enforcement for the digital economy: should regulators wait and watch?
- how does one protect competition and not competitors?
- what are the economic tools that are appropriate in the tech sector?
Trending issues:
- Online platforms and distribution: the online versus offline debate
- Digital payment wallets - cashbacks and predatory pricing
|
- Complementarities and differences between specialist regulation and competition law
- Same subject, differing results:
- When should a regulator defer to the other?
- References under Section 21A to regulators - when should one regulator consult the other?
- Working towards capacity building with the common goal of achieving compliance with the relevant laws and improving the ease of doing business in India.
|
| 05:30 PM to 06:30 PM - VALEDICTORY FUNCTION |
WELCOME ADDRESS BY
Mr. Ramji Srinivasan, Sr. Adv. (President, Competition Law Bar Association)
SPECIAL ADDRESS BY
Professor Richard Whish (Honorary Queen’s Counsel, UK)
Valedictory ADDRESS BY
Mr. Gopal Subramanium (Senior Advocate and former Solicitor General of India)
VOTE OF THANKS
Mr. Atul Dua (Hony. Secretary, Competition Law Bar Association) |
| COCKTAIL & DINNER - 06:30 pm onwards |
AT - AQUA, PARK HOTEL, SANSAD MARG, NEW DELHI - 110 001
Dinner Speakers:
Padma Shri P. H. Parekh, Senior Advocate
&
Mr. A. S. Chandhiok, Senior Advocate
|
|
|
|
|
|
| Conference Manager: |
 |
|
|
|
