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Abuse of Dominant Position - The Law & Practice

23 September 2014 (Tuesday)

Time:
8.30am - 5.30pm

Venue:
Hotel Istana Kuala Lumpur
 

SIGNIFICANCE
Abuse of dominant position is one significant yet complicated and highly technical area in competition law where law, economics and policy meet in one place. Not only it is an area where businesses are uncertain as to whether any of their conduct that at first glance seems to be purely enterprising in nature might inadvertently amount to an abuse, but also an area where the enforcement agency is caught between what is known as the “false positive” and “false negative”—being uncertain whether to act or refrain. With his specialized knowledge of abuse of dominant position Dr Vince will ensure that participants walk home with some “true positive” sense of this area of competition law.


WORKSHOP OBJECTIVES

  • Create awareness of the prohibition of abuse of dominant position
  • Learn the various types of abuses prohibited by the law
  • Assess the impact of the prohibition on day-to-day business conduct and dealings
  • Understand the relationship with the prohibition of anti-competitive agreements
  • Equip participants with knowledge and skill to identify potentially abusive conduct, and to advise and provide legally sound solutions
  • Equip participants with knowledge to ensure compliance with competition law, in general, and the prohibition of abuse of dominant position, in particular

 
COURSE CONTENT

  • Advanced concepts of dominant position and abuse
  • Dominant position and abuse in related markets
  • Margin squeeze
  • Relationship between abuse of dominant position and refusal to license IPRs
  • Legality of discounts and rebates
  • Tying and bundling
  • Unfair and discriminatory prices and terms of dealings
  • Predatory pricing
  • Justifications for abuses


PROFILE OF FACILITATOR

Dr Vince is the first Malaysian to have completed his doctorate study in competition law and policy. He obtained his law degree from King’s College London. He had practised law in the civil and commercial field before he successfully obtained a scholarship to pursue his postgraduate study and was subsequently awarded the degree of Doctor of Philosophy. Upon his return to Malaysia he was robed into the Implementation of Competition Law Committee. He was the sole academic representative from Malaysia invited by the organisers to attend the first ASEAN Competition Conference. He has spoken at various conferences, both local and overseas, including acting as key speaker at the launch of ASEAN Handbook on Competition Policy & Law organised by ASEAN Secretariat, acting as moderator of the first Seminar on Competition Law of Malaysia, and giving a presentation on the Competition Act 2010 at the Japan Fair Trade Commission—the first Malaysian to have been granted such an occasion.
  
His publications in international journals include the Journal of the Japanese Institute of International Business Law, European Journal of Law and Economics, Competition & Consumer Law Journal (CCLJ), and Journal of World Intellectual Property. Record shows that Dr Vince is apparently the first Malaysian to have an article on competition law published in the CCLJ—the only Australian law journal devoted to competition and consumer issues. He has experience in dealing with competition issues in a number of industries, including cement, property development, chemicals, manufacturing, banking, and telco’s, and has given competition law briefings to State development authorities, statutory bodies, chambers of commerce and industries, trade associations, listed companies, as well as international think-tanks, NGOs, foreign governments and enforcement agencies. He has been interviewed by the media on competition law and enforcement, and quoted in the International Bar Association’s Global Insight.

 

To register, please email/fax/send this form TWO weeks before each respective program to:

University of Malaya Malaysian Centre of Regulatory Studies (UMCoRS)
Level 13, Wisma R & D, University of Malaya, Jalan Pantai Baharu, 59990 Kuala Lumpur, MALAYSIA

Tel : 03 2246 3372 / 3370 Mobile : 012-2100 616 Fax : 603 2246 3367 Email : umcors@um.edu.my
Website : www.umcors.um.edu.my Facebook : www.facebook.com/UMCoRS Twitter : UMCoRS

Registration will be closed TWO weeks before the program date and / or when the number of participants has reached the maximum.