5thASEAN COMPETITION CONFERENCE: “Advancing Competition Policy and Law Post-2015: Progress, Opportunities and Challenges” 4-5 June 2015 | Ho Chi Minh City, Viet Nam Working Agenda as of 8 May 2015 The year 2015 marks an important milestone for ASEAN on its journey towards deeper economic integration through the establishment of the ASEAN Economic Community (AEC). ASEAN Member States (AMS) have increased their efforts to put into place key measures to enhance the trade and investment climate while strengthening the legal frameworks for competition, consumer protection and intellectual property rights. In line with the commitments under the AEC Blueprint, seven AMS have enacted competition laws; six have already set up a dedicated competition agency, with the remaining countries expected to follow suit by 2016. Efforts are on-going to develop a regional cooperation framework that will – in the long run – allow for greater cooperation in the handling of cross-border competition cases. The imminent realisation of the AEC 2015 calls for a closer look at the scope and state of ASEAN integration, as well as its implications for businesses and consumers. The challenges are multi-fold: How can economic potentials presented by the larger market of the AEC be unlocked? The private sector and civil society are aware of ASEAN but more work is required to enhance their understanding so that they can take advantage of the new opportunities. How can ASEAN meet the expectations and promises associated with an AEC in 2015? What are the perspectives – and potential challenges – for competition policy in this context? As ASEAN works out its comprehensive post-2015 vision, it will be important to be mindful and realistic about communicating what the AEC 2015 means and entails. The formal establishment of the AEC 2015, with its single market and production base, will ultimately put the compliance of Member States with regional commitments to the test: effective integration does not only rely on intensified regional cooperation, but also requires continued regulatory reforms and institutional development in the Member States. This is particularly relevant when it comes to promoting fair competition in ASEAN. The ASEAN Competition Conference (ACC) series is the flagship annual event spearheaded bythe ASEAN Experts Group on Competition (AEGC). It was first convened in 2011 in Bali, Indonesia, and has since become an important platform for reaching out to a broader public and inform about recent developments as well as share best practices in Competition Policy and Law (CPL) in ASEAN. Page 1 of 7 5THASEAN COMPETITION CONFERENCE: “Advancing Competition Policy and Law Post-2015: Progress, Opportunities and Challenges” 4-5 June 2015 | Ho Chi Minh City, Viet Nam Annotated Agenda Day 1: Thursday, 4 June 2015 Time Topics 08:15-09:00 Registration and Welcome Coffee 09:00-09:30 Opening Remarks 9:30-9.50 Vice-Minister of the Ministry of Industry and Trade of Vietnam (tbc) Keynote Speech: Perspectives and “Growing Pains” of the AEC towards 2015 – and Beyond The keynote speech will provide an insight into what the AEC 2015 means – and why it matters to both businesses and consumer alike. It will outline the pillars and cornerstones of economic integration in ASEAN, with a focus on the expected benefits of increased internal and external trade. Against this backdrop, the role of Competition Policy and Law (CPL) will be explained, along with some preliminary prospect concerning the future of CPL in ASEAN in view of current trends in regional and international cooperation. Speaker: HE Mr Penn Sovicheat Director General, Domestic Trade Directorate, Ministry of Commerce of Cambodia and concurrently, Chair of the ASEAN Experts Group on Competition (AEGC) 9.50-10:10 Overview: Competition Policy and Law (CPL) in ASEAN at a Crossroads The session will provide an update on competition regimes in ASEAN and the progress with respect to key initiatives and deliverables of the AEGC under the ASEAN Economic Community (AEC) Blueprint 2009-2015. It will also highlight competition issues in the run-up to the AEC 2015 and crucial considerations taken up in the new Post-2015 Competition Action Plan (CAP). Speaker: Ms Yap Lai Peng Head, Competition, Consumer Protection, IP Division, ASEAN Secretariat 10:10-10:30 Coffee Break and Photo Session 10:30-12.00 Session 1: The Emerging Competition Landscape in ASEAN A sound and effective competition policy comprises the active role of the competition agency in promoting economic policies, laws and regulations from a competition perspective. However, the challenge often lies in strategically positioning competition agencies as resources in relevant policy-making processes, thereby highlighting the Page 2 of 7 important role of competition policy in establishing effective markets. Setting the scene for the ensuing discussions, the session will look at emerging competition regimes in ASEAN, reflecting on key challenges for both new as well as more experienced agencies, and the future competition landscape in an increasingly integrated region. Moderator: Dr Deunden Nikomborirak Research Director, Thailand Development Research Institute Speakers: Mr Nawir Messi Chairman, Commission for the Supervision of Business Competition (KPPU) Mr Marcus Bezzi Executive General Manager, Enforcement and Compliance of the Australian Competition and Consumer Commission (ACCC) Mr Geronimo L. Sy Assistant Secretary, Department of Justice of Philippines / Head of the Office for Competition (OFC) Dr Hassan Qaqaya Perdana University, Malaysia Followed by Q&A 12:00-13:30 Lunch Break 13:30-15:00 Session 2: Fostering a Competition-Aware Region Competition Policy and Law (CPL) is not developed or implemented in isolation or in an “ivory tower”, but requires the awareness and active engagement of various stakeholders. Building a competition community and broad-based “competition culture” requires bringing together the state and private sector, academia, media and the general public. In line with the cross-cutting goal of the post-2015 Competition Action Plan of “fostering a competition-aware region”, the session will accentuate the importance of targeted advocacy measures on CPL, particularly as a pre-emptive means of ensuring business compliance. Moderator: Mr Lee Jwee Nguan Director of Legal and Enforcement, Competition Commission of Singapore Speakers: Ms Heidi Farah Sia Binti Abd Rahman Special Duties Officer Grade 1,Brunei Darussalam Unilever Representative (Vietnam) (tbc) tbc NZCC Representative (tbc) Mr Iskandar Ismail Director of Enforcement Division, Malaysia Competition Comission Followed by Q&A Page 3 of 7 15:00-15.15 Coffee Break 15:15-16:45 Session 3: Competitive Neutrality – Maintaining a Level Playing Field between Public and Private Business The session will shed light on the concept of competitive neutrality which is gaining ground in international discussions and essentially entails that the same set of rules applies to public and private businesses. With the objective of safeguarding efficiency, this serves to ensure that business activities by the government do not have competitive advantage over private businesses, simply by virtue of government ownership or control. However, in practice, many competition agencies across the world are faced with considerable challenges, for example when it comes to a lack of transparency in public procurement. The session will address some of the main issues surrounding competition policy vis-à-vis state-owned enterprises (SOEs) or what is sometimes called “government-linked monopolies”. It will share selected national good practices promoting competitive neutrality, among others from the work of OECD and UNCTAD’s Research Partnership Platform. Moderator: Dr Cheong May Fong Professorial Visiting Fellow, University of New South Wales Speakers: Mr Toh Han Li Chief Executive, Competition Commission of Singapore (CCS) Mr John Davies Head of Competition Division, OECD Ms Wan Khatina Nawawi Director of Research, Khazanah Research Institute Mr Nguyen Anh Tuan LNT and Partners, Ho Chi Minh City Followed by Q&A 16:45-17:15 Wrap-Up and Summary of Day 1 Ms Shila Dorai Raj Conference Convenor From 19:00 Dinner (hosted by the VCA) Page 4 of 7 Day 2: Friday, 5 June 2015 Time 08:15-08:30 Topics Registration and Morning Coffee 08:30-08:45 Recap of Day 1 and Introduction to Day 2 08:45-09:15 Ms Shila Dorai Raj Conference Convenor Keynote Address: The consumer is king! – The Interfaces between Competition and Consumer Policies Although competition and consumer policies pursue similar objectives towards ensuring consumer sovereignty, they rely on the application of different instruments (and often, separate institutional arrangements) to achieve those objectives. The session will examine the complementarity of both policies and how they can be mutually enforcing in governing the interaction between firms and the relationship between firms and consumers, respectively. The address will also review the institutional mechanisms and the way forward for consumer protection in ASEAN. Speaker: Dr Hassan Qaqaya Followed by Q&A 09:15-10:15 Session 4: A Regional Knowledge Hub on CPL in ASEAN? The session will provide impulses to deliberate measures to gradually set up a “knowledge hub” on competition issues and enforcement experiences within ASEAN. The idea is to foster research and facilitate systematic knowledge transfer on CPL, building on the work of the AEGC and expanding it to a network of competition practitioners that could also inform and involve other stakeholders from the wider competition community. The session will review international good practices and lessons learnt, notably from the International Competition Network (ICN), and draw up recommendations for the way forward in ASEAN. Moderator: Ms Alice Pham Consumer and Competition Law Expert, former CUTS Hanoi Director Speakers: Mr. M. Syarkawi Ra'uf Comissioner, Commission for the Supervision of Business Competition (KPPU) Dr Deunden Nikomborirak Research Director, Thailand Development Research Institute Prof Robert Ian McEwin University of Malaya Dr. Erlinda Medalla Senior Research Fellow, Philippine Institute for Development Studies (PIDS) Followed by Q&A Page 5 of 7 10:15-10:30 Coffee Break 10:30-11:30 Session 5: From Dialogue to Action –Considerations for Regional Enforcement Cooperation on CPL in ASEAN The discussion will pick up where the previous session left off in terms of mutual learning among ASEAN Member States. As such, it will focus on modalities for formalizing and institutionalizing enforcement cooperation within ASEAN. Certainly, enforcing CPL does not take place in a vacuum and therefore must account for political and economic context of the ten Member States. However, in the longer term, it will become necessary for competition agencies in the region to set up a mechanism to handle cross-border anti-competitive practices, albeit in the absence of a supranational competition agency. The European Competition Network (ECN) is often cited as a good practice for exchange of information and joint action of various jurisdictions in a regional integration setting. The session is expected to provide inputs that can be considered in the elaboration of initiatives on regional cooperation under the Post-2015 ASEAN Competition Action Plan. Moderator: Mr Trinh Anh Tuan Deputy Director General, Viet Nam Competition Authority (VCA) Speakers: Mr Randolph W. Tritell Director of the Office of International Affairs, United States Federal Trade Commission (USFTC) Mr Toshiyuki Nambu Deputy Secretary General for Commission (JFTC) International Affairs, Japan Fair Trade Mr Michael Albers Competition Law Expert and Former Hearing Officer at the Directorate-General for Competition Policy of the European Commission Mr Cao Xuan Hien Director, Antitrust Division, Vietnam Competition Authority (VCA) Followed by Q&A 11:30–12:30 Side Event: Launching the Report on Economic Concentration – Vietnam 2014 12:30-12:45 12:45-12:55 Wrap-Up and Key Messages Ms Shila Dorai Raj, Conference Convenor Moderators Session 1-5 Closing Remarks and End of Conference 12:55-14:00 Rep. of Australian Embassy in Vietnam and the VCA Mr Bach Van Mung Director-General, Viet Nam Competition Authority (VCA) Lunch Page 6 of 7 14:00-15:00 Post-Conference Debriefing (Closed Door for AEGC, Convener and Development Partners) 15:00-15:15 Coffee Break 15:15-16:15 Joint Consultation between AEGC and Development Partners(Closed Door) **** Page 7 of 7
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