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Prohibition of Anti-Competitive Agreements
8 April 2014

Venue:

The Royale Chulan Hotel, Kuala Lumpur

Programme Fee:
RM 1,000 (10% Discount for group)


SIGNIFICANCE
 
With the finding of an infringement of the Competition Act 2010 against a trade association in the very first year of its coming into force, followed by a proposed decision to impose RM10 million on two airlines in the second year, businesses, regulatory bodies, as well as policy-makers, are perplexed by competition law enforcement and complexity of compliance. The confusion is compounded by the grant of a block exemption in favour of liner shippers but, on the other hand, the announcements to investigate into certain industries for making public announcements on price increases. Many commercial agreements are anti-competitive in some way—some wholly, while others partially. After numerous advocacy sessions by the relevant authorities, there remain many questions: What agreements are considered anti-competitive by the law? What agreements are anti-competitive by effect? How are agreements anti-competitive by effect? There are, on the other hand, 4 criteria that serve to exempt anti-competitive agreements. The criteria are in very general, broad legal and economic terms. Policy-makers and decision-makers find it hard to understand and apply such criteria to a proposed transaction or policy on the table. The relevant authorities have not issued clear guidelines that would provide a comprehensive analytical framework. Decision-makers do not understand why an application for an individual exemption was denied while a block exemption was granted. Decision-makers are also perplexed by the announcements to investigate certain trade associations for their public announcements on price increases. Are public announcements on price increases no longer permitted?

With the successful running of workshops on competition law in the past UMCoRS has received numerous requests that a workshop specifically focused on anti-competitive agreements be held. This workshop is intended to explore deeper the concept of anti-competitive agreements, exemption criteria and other relevant issues. While participants of previous workshops are encouraged to deepen their understanding of competition law, particularly on the prohibition of anti-competitive agreement, newcomers are also welcome as they would stand to benefit from the workshop.

 
WORKSHOP OBJECTIVES

  • Create awareness of the prohibition of anti-competitive agreement
  • Assess the impact of the prohibition on commercial transactions
  • Provide advice and guidance on structuring commercial agreements so as to comply with competition law, in general, and the exemption criteria, in particular
  • Equip participants with knowledge about assessing the anti-competitiveness, if any, of commercial agreements

 
TOPICS

  • Concept of anti-competitive agreement
  • Analysis of agreements that may be anti-competitive
  • Individual and block exemptions
  • Exemption criteria
  • Parallel price increases
  • Ancillary restraints
 
TARGET AUDIENCE

CEOs, MDs, Directors, Business Owners, Policy-makers and Civil Service Officers, Regulatory Body Officers, Compliance Officers, Human Resources Managers, Sales Officers, Pricing Managers, Business Analysts, Commercial Strategy Officers, Legal Counsel, Trade Associations, and others.

 
OUTLINE OF WORKSHOP

The 1-day workshop will be divided into 4 sessions starting at around 9am and ending at 5pm. There would be tea breaks and lunch break in between. Participants would have the opportunity to have some case-study in the course of the workshop.

 
PROFILE OF FACILITATOR

Dr Vince is the first Malaysian to have completed his doctorate study in competition law and policy. He obtained an LLB (Hons) degree from the School of Law, King’s College London. He practised law in the civil and commercial field before he successfully obtained a scholarship to pursue his postgraduate study and was awarded the degree of Doctor of Philosophy (PhD). Upon his return to Malaysia he was robed into the Implementation of Competition Law Committee. He attended various ASEAN Experts Group on Competition (AEGC) meets and was the sole academic representative from Malaysia invited by the organisers to attend the first ASEAN Competition Conference jointly hosted by ASEAN Secretariat and KPPU (Indonesian competition authority).

He has given competition law briefings to State development authorities, chambers of commerce and industries, trade associations, listed companies, as well as foreign governments and enforcement agencies. He has been interviewed by the media on issues relating to competition law and enforcement, and was quoted in an article published by the International Bar Association.

He has published a number of articles in international journals, including Competition Laws of Malaysia—An Overview and Development after the Entry into Force of the Competition Act 2010 in the Journal of Japanese Institute of International Business Law, The Competition Act 2010—The Issues and Challenges in the European Journal of Law and Economics, A Decade after the Communications & Multimedia Act 1998—The Law and Competition in Competition & Consumer Law Journal, Re-visiting Anticommons and Blockings in the Biotechnology Industry—A View from Competition Law Analysis in the 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 Australian Competition & Consumer Law Journal—the only Australian law journal devoted to competition and consumer issues.

He has also been invited to attend a number of competition law 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, giving a presentation on the Competition Act 2010 at the Japan Fair Trade Commission—the first Malaysian to have been granted such an occasion.

Dr Vince introduced Competition Law course in an undergraduate law programme at the Faculty of Law, the University of Malaya—the first Competition Law course offered since the passing of the Competition Act 2010.

 

To register, please email/fax/send this form ONE week before the 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 ONE week before the program date and / or when the number of participants has reached the maximum.