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Interview with Susan Ning: Antitrust in Developing Countries

Concurrences Review + NYU School of Law

Friday, October 27, 2017 from 8:30 AM to 6:30 PM (EDT)

Interview with Susan Ning: Antitrust in Developing...

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Early Bird Registration*   more info Ended $525.00 $0.00
Standard Registration*   more info Oct 27, 2017 $600.00 $0.00
Concurrences Registration*   more info Oct 27, 2017 $550.00 $0.00
NYSBA Registration*   more info Oct 27, 2017 $570.00 $0.00
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ANTITRUST IN DEVELOPING COUNTRIES:

COMPETITION POLICY IN A POLITICIZED WORLD



 

Interview with Susan Ning

 


 

Susan Ning (Partner, King & Wood Mallesons) has been interviewed by Eleanor Fox (Professor, New York University School of Law) in anticipation of the 4th edition of the joint conference co-organized by Concurrences Review and New York University School of Law, to be held in New York City on October 27, 2017. They will participate in the panel "Impact of the New Nationalism on Competition and Economic Development in Developing Countries."

 

To see the full program and register, please click here

 

Susan, as one of the most prominent anti-monopoly lawyers in China, you have closely observed the Chinese authorities in their enforcement activities. Can you tell us what you observe about applications of law or statements of policy by the Chinese authorities that might be regarded as nationalistic - that is, applying a principle of what helps China economically or strategically rather than a principle limited to what helps competition?

Generally speaking, "competition" remains the top priority for China's anti-monopoly authorities in their enforcement activities. Only in the context of specific industries, I noticed that there were occasions when more favorable treatments were given to China's domestic enterprises. This is mainly due to the fact that historically the state has been playing a centralized also proactive role in China's economic development. As Prof. Wu Jinglian stated, "industrial policy is the prevailing policy tool of the central government in China. In the 1980s century, Chinese government introduced Japan's 'vertical' industrial policy into its 'macro-control'. Under the name of the industrial policy, Chinese government used to directly intervene in the micro-economy".

In response to this challenge, the Chinese government introduced the fair competition review system in 2016 to gradually reconcile industrial policies with competition policies, and to liberalize certain regulated markets. This system provides a comprehensive review of all the government measure in place (or in future) by the prescribed competition standards. This review will not only remove the very roots of administrative monopoly, and also promote the awareness of all the government officials at different levels to fully recognize the importance of competition policy in a market economy. 


Of course, China's AML requires that the authorities give regard to China's socialist market economy. Is that the same thing as mandating that China should be nationalistic in its anti-monopoly enforcement whenever that is good for China?

The answer to this question rests again in China's recent history. From the age of planned economy to the "Reform and Opening-up", China, as the world's rapidly rising economy, is in the process of transforming from a highly centralized planned economy to a market economy. This reflects the fact that China is still a developing country and at a transitional stage, distorted market structure and pervasive state control remain in certain areas of the national economy. Against the backdrop, it is not difficult to understand in the area of anti-monopoly enforcement, Chinse AML authorities have to adopt certain balancing approaches when facing conflicts between competition policy and industrial policy. 


We are seeing a current surge of nationalistic tendencies by many nations in the world. Do you think these current tendencies have any impact on competition law and its application, and do you think they will have any impact on economic development of emerging economies such as China? 

I don't think the nationalistic tendencies would have any substantial impact on China. As mentioned in my response to Question 1, the Chinese governments increasingly understand the importance of market competition. The introduction of fair competition review, conceived by the highest level of the Chinese government, represent a significant change in the government's thinking about the role of the state and its relationship with the economy. As such, we would expect a more vigorously developing China's market featured with more liberalization and openness to overseas players. 


 

 

Have questions about Interview with Susan Ning: Antitrust in Developing Countries? Contact Concurrences Review + NYU School of Law

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When & Where


New York University School of Law
Greenberg Lounge
40 Washington Square South
New York

Friday, October 27, 2017 from 8:30 AM to 6:30 PM (EDT)


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Organizer

Concurrences Review + NYU School of Law

The increasing number of competition regimes worldwide gives rise to new challenges for the antitrust enforcement on the global stage. This conference delves into the issues raised by the implementation and enforcement of antitrust rules in developing countries and offers the opportunity to discuss the hottest topics with some of the most prominent antitrust academics, enforcers, and practitioners.

All registrations include continental breakfast, coffee, lunch and a cocktail mixer. Payment must be received prior to the conference. There will be no refund after September 27, 2017. Cancellations must be received in writing; cancellation received in writing up to 30 days before the conference will receive a refund less 15%. Substitutes delegates are welcome at any time. Photos will be taken at the event; attendees agree for the organizer to use these photos unless otherwise required in writing.

CLE Information: This program is pending approval by the Board on Continuing Legal Education of the New York State for CLE credits. NYU School of Law has a financial hardship policy. For more information, please contact conferences-us@concurrences.com.

Panel sponsors are Baker McKenzie, Charles River Associates, Compass Lexecon, ELIG Attorneys-at-Law, Holman Fenwick Willan, King & Wood Mallesons, and White & Case. 

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Interview with Susan Ning: Antitrust in Developing Countries
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