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Interview with Richard Rinkema: Antitrust in Asia Conference

Concurrences Review

Friday, May 18, 2018 from 9:30 AM to 6:30 PM (HKT)

Interview with Richard Rinkema: Antitrust in Asia...

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Ticket Type Sales End Price Fee Quantity
Academics/Enforcers/Students Registration*   more info May 1, 2018 Free HK$0.00
Concurrences Registration*   more info May 3, 2018 HK$4,300.00 HK$0.00
Standard Registration*   more info May 3, 2018 HK$4,700.00 HK$0.00

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ANTITRUST IN ASIA: ONE SIZE FITS ALL?
ASEAN, CHINA, HONG KONG, INDIA...



 

Interview with Richard Rinkema

 Senior Director, Competition and Innovation Law and Policy, Microsoft, Beijing



 

Richard Rinkema (Senior Director, Competition and Innovation Law and Policy, Microsoft, Beijing) has been interviewed by François Renard (Partner, Allen & Overy, Hong Kong) in view of their panel "A Brand New Digital World: Price Parity, Big Data, Vertical Search... What Is the Asian Perspective?"

 

They will join the Antitrust in Asia conference that will take place in Hong Kong on May 18, 2018 at The Chinese University of Hong Kong.  

 

To see the full program and register, please click here

 

How different is your practice in Asia when compared to your past practice in the US? Do you focus on other types of antitrust issues that would not be of concern in the US?

 

I have found that the theoretical basis for analyzing antitrust questions is pretty similar across jurisdictions, which I think is a testament to the impact of efforts like this conference, and of stakeholders in academia, government, industry, and private practice across Asia and from outside Asia to share learnings over the years. So having a strong foundation in antitrust theory, whether it’s in the US or in Europe or homegrown here in Asia, seems more important to successful practice here than knowing the black-letter law of this jurisdiction or that. There are definitely some differences – I spend a lot more time counseling on avoiding resale price maintenance, which of course is more often a per se violation here, and there are some areas such as essential facilities, abuse of superior bargaining position, and some price-related issues where there are different approaches when comparing the US, EU, and various Asian countries. I’d add that on a personal level, I focus a great deal more attention on unique economic and societal issues that drive competition and innovation policy in different ways in different jurisdictions in the region, and how those may impact our business. In fact, I’d say that is my favorite part of my practice and is a constant source of learning and personal growth. You don’t get that wonderful variety in a unitary federal system like the US.

 

Have you experienced an evolution of the methods and focuses of antitrust authorities in Asia? Do you find they have become more sophisticated in these methods, focuses, questions, or not?

 

I think there has been a shift in focus toward the impact of data on competition law analysis, and as elsewhere a great deal of interest in whether there are unique issues relating to artificial intelligence (AI). And as I mentioned above, certain jurisdictions have unique issues that are driving their areas of focus – for example in China with its efforts around the Fair Competition Review System and leadership in the AI space, and in ASEAN as countries there stand up their competition law regimes. As far as methods and questions, I think it varies across jurisdictions, as authorities have gained experience, resources, and the legal and regulatory backing they need at different paces. I’ve been incredibly impressed by the rapid progress made by Chinese authorities, for example, and I expect we’ll see even more improvement with the consolidation of functions into the new State Administration for Market Supervision and the potential for greater resources and efficiencies that brings. The HKCC appears to have started at a very high level of sophistication, and I think the ASEAN authorities will move rapidly up the curve this year with the benefit of Singapore’s experience. Overall, I am a big fan of authorities sharing best practices and learning from one another, and we’re seeing the impact of that across the region.

 

Do you expect any major development in the level of enforcement of antitrust rules in your sector? If so, which ones,  and why? 


Clearly, there’s a great deal of public discussion now about technology and its role in society, as we enter into what some have called the Fourth Industrial Revolution driven by the cloud and AI. I think these technologies hold huge, huge promise for addressing some of our most intractable problems. However, there’s an absolutely necessary discussion alongside that, which is how do you address problems arising from the technologies themselves, such as employment, bias, privacy, security – and competition? I think it’s appropriate for antitrust to be a part of this discussion, so long as we’re clear-eyed about where other laws and policies may be better. So one major development likely will be in the level of discussion around how antitrust law fits with other legal regimes in this context. In the near term, I think we’ll see greater attention paid to data in the context of merger enforcement, and perhaps where it may play some role in enabling exclusionary practices, and perhaps in how AI may impact pricing. Overall, I think we’re entering into a vital societal discussion about how to preserve public trust in technology in order to obtain its real benefits. Competition law is a part of that, and conferences like this one play a very important role in bringing together enforcers, academics, private practitioners, and those of us in industry to engage in this discussion together.

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When & Where


The Chinese University of Hong Kong, Graduate Law Centre
2/F, Bank Of America Tower, 12 Harcourt Road,
Central

Hong Kong SAR China

Friday, May 18, 2018 from 9:30 AM to 6:30 PM (HKT)


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Organizer

Concurrences Review

This fourth edition of the Antitrust in Asia Conference is organized by Concurrences Review in with the support of The Chinese University of Hong Kong and the Hong Kong Competition Association. 

This event is co-sponsored by legal and media partners. Photos will be taken at the event; attendees agree for the organizer to use these photos, unless otherwise required in writing. 

In case of over registration, attendance will be limited to two representatives per institution. There will be no refund after May 3, 2018. Cancellations must be received in writing; cancellation received in writing up to 2 weeks before the conference will receive a refund less 15%. Substitutes delegates are welcome at any time. 

CPD Information: 6 CPD points have been applied for with the Law Society of Hong Kong.  

NEWS & UPDATES

Other Interviews: 

Jindrich Kloub (Executive Director - Operations, Hong Kong Competition Commission) has been interviewed by Thomas Cheng Kin-Hon (Associate Professor, University of Hong Kong)Read a snippet of the interview below.

You have had a wealth of enforcement experiences in Europe. What do you think HK can learn from Europe and where do you think Europe's lessons may not be so relevant for Hong Kong?

Having introduced competition law fairly recently, Hong Kong has the benefit of being able to draw on the lessons accumulated by many jurisdictions around the world. The Competition Ordinance shows a variety influences but given that its substantive provisions are based largely on EU competition law, I am of the view that that is where EU's lessons might be most relevant. Ultimately, it is up to the Competition Tribunal to interpret the Ordinance and the concepts contained therein but in doing so, it will be able to look to a vast body of the Court of Justice of the EU, which spans more than 50 years (...)

Read the full interview here. 

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