Unbundling Competition: Asia competition law podcasts

Episode 15: Movements in Thailand's merger control rules

Asia Head of Competition Adelaide Luke and Bangkok partner Nonnabhat (Niab) Paiboon discuss Thailand's merger control regime and market trends. To keep up with Thailand's fast changing landscape, the Trade Competition Commission of Thailand (TCCT) is expected to introduce new decisions and interpretations on merger control rules.

Episode 16: Recent changes to Indonesia's merger control rules

HSF Tokyo Of Counsel Joel Rheuben and Hiswara Bunjamin & Tandjung Of Counsel Randitya Adiguna discuss recent changes to Indonesia's merger control rules, including in particular changes to when parties will be regarded as meeting the thresholds for filing, when transactions can be excluded from filing, and changes to the filing process, such as the introduction of a filing fee.

Episode 17: Updates on China's competition law

HSF Hong Kong Senior Associate Howard Chan speaks to HSF Kewei partner Frances Xu and associate Hazel Xu about recent developments in China's competition law, including changes to the law and updates to key regulations. The team also discusses enforcement trends and notable cases from the past year.

Episode 12: New Frontiers for Competition Law - Competition law and employment

Asia Head of Competition Adelaide Luke and Tokyo senior associate Joel Rheuben discuss recent enforcement practice by competition authorities in labour markets, including in particular practices such as wage fixing and "non-poach" agreements between employers, as well as non-compete provisions in employee contracts. Companies should ensure that their compliance efforts extend to labour markets as much as to markets for goods and services.

Episode 13: New Frontiers for Competition Law - Competition law and ESG

Melbourne senior associate, Philip Aitken, is joined by Marcel Nuys, partner in the HSF competition team in Dusseldorf and Sakurayuki, M&A partner at HSF associate firm Hiswara Bunjamin & Tandjung to discuss the complex and evolving interaction between competition law and ESG collaborations. The panel discusses the approaches taken by competition authorities in Europe, Asia and Australia to this complex issue.

Episode 14: New Frontiers for Competition Law - Competition law in the healthcare and pharmaceuticals sector

Senior associate Howard Chan discusses competition law enforcement in the pharmaceutical sector with Frances Xu and Hazel Xu of our joint legal operation partner Kewei Law Firm, comparing the key areas of focus for competition law regulators in China and around the world.

Episode 9: Competition Law in Digital Markets - Digital platforms and competition regulation

Asia Head of Competition Adelaide Luke and Australia senior associate Patrick Clark discuss how competition authorities approach digital platforms, the new and unique competition concerns that authorities might identify with those businesses, and the global trend to develop innovative regulatory responses.

Episode 10: Competition Law in Digital Markets - Pricing practices in digital platforms

As digital platforms continue to grow in influence and importance across economies around the world, competition law regulators around the world are turning their sights on various practices that are common in the digital sector. In this episode of Unbundling Competition, senior associate Howard Chan and Herbert Smith Freehills Kewei Law Firm partner Frances Xu consider potentially problematic pricing practices on digital platforms, including recent updates from China.

Episode 11: Competition Law in Digital Markets - The role of data in merger control analysis

Asia Head of Competition Adelaide Luke and Tokyo senior associate Joel Rheuben discuss the increasingly significant role that data plays in merger control analysis by competition authorities worldwide. Analysis of data as a factor of competition is being examined not only in deals involving large digital platforms, but also in more traditional sectors, as companies seek to monetise data they produce and use data analytics to gain an edge over their competitors. However, the unique characteristics of data create challenges when considering it through a conventional competition law lens.

Episode 5: Screening of Asian investment in Europe - The UK’s proposed new National Security and Investment regime

Tokyo senior associate Joel Rheuben and head of HSF’s global Foreign Direct Investment group Veronica Roberts discuss the recent bill for a new National Security and Investment screening regime in the UK. The proposed regime introduces mandatory notification requirements for investments (including minority investments) in certain key sectors, adding to the regulatory complexity for Asian companies doing deals in the UK.

A summary of the podcast is available here. Accompanying slides are available here.

Episode 6: Screening of Asian investment in Europe - The European Commission’s White Paper on foreign subsidies

Asia Head of Competition Adelaide Luke and EMEA Head of Competition Kyriakos Fountoukakos provide an overview of the European Commission’s recent “White Paper on Levelling the Playing Field as regards Foreign Subsidies”.  They discuss the various models under consideration for reviewing a wide range of foreign government and public body support for companies that impacts competition in the EU. If implemented, the proposals under this White Paper are likely to have a substantial impact on investment in Europe by Asian companies in particular.

A summary of the podcast is available in English | 中文 | 日本語 | 한국어

Episode 7: Screening of Asian Investment in Europe – UK competition law after Brexit

Head of Competition Asia, Adelaide Luke, and London partner Mark Jephcott discuss the UK competition law system, and how it will apply to Asian companies after the expiry of the UK EU Withdrawal Agreement on 31 December 2020. Asian companies with operations in both the UK and EU should be aware that, from 2021, the two competition regimes will operate in parallel, and should note key differences.

A summary of the podcast is available in English | 中文 | 日本語 

Episode 8: Screening of Asian investment in Europe – The EU Regulation on the screening of foreign direct investment

Tokyo senior associate Joel Rheuben and EMEA Head of Competition Kyriakos Fountoukakos outline the Regulation on the Screening of Foreign Direct Investment, which became fully operational in October 2020. They provide an overview of the relationship between the screening framework established under the Regulation, and the potential impact for Asian companies investing into sensitive sectors in the EU.

A summary of the podcast is available in here.

Episode 1: Competition Law in Southeast Asia - Regional enforcement and Thailand

Adelaide and Tokyo senior associate Joel Rheuben review the current state of competition law enforcement in Southeast Asia, and take a closer look at Thailand, where the competition law regime has changed significantly. This episode is a good starting point for understanding why and how Southeast Asia is an increasingly important region for deal and competition compliance planning. 

A summary of the podcast is available here  |  播客的中文摘要可在此处下载  |  ポッドキャストの日本語サマリーはこちらでご覧いただけます  |  한국어로 번역된 팟캐스트 요약본은 이 곳에서 보실 수 있습니다  |  Ringkasan podcast dalam Bahasa Indonesia tersedia di sini

Episode 2: Competition Law in Southeast Asia - Indonesia

Adelaide and Hiswara Bunjamin & Tandjung partner Sakurayuki discuss recent amendments to Indonesia's competition law rules and its proposed new legislation. Hiswara Bunjamin & Tandjung is Herbert Smith Freehills' longstanding associate firm in Indonesia. This episode provides a broad overview of the rapidly changing competition law landscape in Indonesia and the direction of future reform. 

A summary of the podcast is available here  |  播客的中文摘要可在此处下载  |  ポッドキャストの日本語サマリーはこちらでご覧いただけます  |  한국어로 번역된 팟캐스트 요약본은 이 곳에서 보실 수 있습니다  |  Ringkasan podcast dalam Bahasa Indonesia tersedia di sini

Episode 3: Competition Law in Southeast Asia - Singapore

Adelaide and Prolegis Managing Director Ban Leong Oo discuss the competition law landscape in Singapore and look at the Competition & Consumer Commission of Singapore, regarded as one of the most active and sophisticated regulators in the region. Prolegis is Herbert Smith Freehills' formal foreign law alliance partner in Singapore. This episode explains why companies doing business in the region should pay attention to the Singaporean regime.

A summary of the podcast is available here  |  播客的中文摘要可在此处下载  | ポッドキャストの日本語サマリーはこちらでご覧いただけます  |  한국어로 번역된 팟캐스트 요약본은 이 곳에서 보실 수 있습니다  |  Ringkasan podcast dalam Bahasa Indonesia tersedia di sini

Episode 4: Competition law in Southeast Asia - Vietnam

Adelaide and Frasers Law Company partner Justin Gisz discuss the newly enacted Vietnamese Competition Law, which is anticipated to lead to a new era of competition law enforcement in Vietnam. Frasers Law Company is an independent, full service commercial law firm based in Vietnam. This episode provides a practical overview of the new law, including the implications for merger control.

A summary of the podcast is available here  |  播客的中文摘要可在此处下载  |  ポッドキャストの日本語サマリーはこちらでご覧いただけます  |  한국어로 번역된 팟캐스트 요약본은 이 곳에서 보실 수 있습니다  |  Ringkasan podcast dalam Bahasa Indonesia tersedia di sini

第1集: 中国企业的海外反垄断合规

最近我国反垄断执法机构——市场监督管理总局，发布了《企业境外反垄断合规指南》（征求意见稿），示意中国企业在海外面临的反垄断风险以及充分规划反垄断合规的重要性，也响应了广大中企希望就防范海外反垄断风险得到指引的迫切需要。那到底中国企业应该如何规划反垄断合规呢？在科伟史密夫斐尔首期的反垄断百「科」播客，科伟史密夫斐尔律师事务所合伙人徐明妍及两位律师陈孝廉及许慧中将与各位从实际性的角度探讨这个问题。

Episode 1: SAMR Guidelines on overseas competition compliance: China's competition law regulator, the State Administration for Market Regulation, has recently released its Antitrust Guidelines on Platform Economies for consultation. These Guidelines are expected to have far-reaching consequences on how tech giants will be regulated in future, covering a range of common practices in the market, including exclusivity and loyalty inducing conduct. In this podcast, Herbert Smith Freehills associate Howard Chan discusses these updates with Kewei Law Firm partner Frances Xu and associate Hazel Xu.

第2集: 精辩“二选一”的孰是孰非——简议《关于平台经济领域的反垄断指南（征求意见稿）》

2020年11月10日，国家市场监督管理总局发布了《关于平台经济领域的反垄断指南（征求意见稿）》（《指南草案》）。社会普遍认为《指南草案》将开启中国互联网反垄断监管的新篇章。《指南草案》对二选一、大数据杀熟、相关市场界定等进行了提示。其中，“二选一”是重点议题之一，《指南草案》首次明确了“二选一”可能属于滥用市场支配地位行为。什么是“二选一”？ “二选一”这个统称是否有利于分析“二选一”下各种不同形式的行为或安排？本期的反垄断百「科」，我们会拿一个放大镜仔细看一看二选一，分析一下二选一。

Episode 2: SAMR guidelines on platform economies – deep dive into "one between two" arrangements: China's competition law regulator, the State Administration for Market Regulation, has recently released its Antitrust Guidelines on Platform Economies for consultation. These Guidelines are expected to have far-reaching consequences on how tech giants will be regulated in future, covering a range of common practices in the market, including exclusivity and loyalty inducing conduct. In this podcast, Herbert Smith Freehills associate Howard Chan discusses key issues such as "one between two" arrangements and market definition for platform operators in detail with Kewei Law Firm partner Frances Xu and associate Hazel Xu.

第3集：“千人千价”——数据专家和反垄断专家的锵锵三人行

在国家市场监督管理总局发布的《关于平台经济领域的反垄断指南（征求意见稿）》中，针对经营者通过用算法分析数据对消费者实施价格歧视的问题。这亦就是通过俗称的“大数据杀熟”去达到“千人千价”：当中既涉及反垄断问题，亦涉及数据问题。本期的反垄断百【科】，科伟律师事务所的合伙人徐明妍Frances Xu将联通史密夫斐尔北京办公室的龚钰律师James Gong及香港办公室的陈孝廉律师Howard Chan一起聊一聊“大数据杀熟”的问题。

Episode 3: personalized pricing through data analytics – the data protection and antitrust perspectives: In the recently released consultation draft of the Antitrust Guidelines on Platform Economies, China's State Administration for Market Regulation addresses the conduct of pricing discrimination through the use of big data and algorithms, also known as 'personalised pricing'. This is both an antitrust issue, and a data protection issue. In this podcast, Kewei Law Firm partner Frances Xu discusses personalized pricing with Herbert Smith Freehills Of Counsel James Gong and Associate Howard Chan.

第4集: 又一重锤！医药企业应当如何做好反垄断合规？

最近中国的反垄断执法相当活跃，中国国家市场监督管理总局对一些重大案件做出了处罚决定, 包括公布对扬子江药业集团有限公司实施垄断协议行为作出行政处罚的决定书。国家市场监督管理总局同时强调将持续加强医药领域反垄断执法，有效预防和制止垄断行为，切实保护市场公平竞争及维护消费者合法权益和社会公共利益。本期的反垄断百「科」， 我们会重点讨论在中国政府对国内各行业巨头进行大刀阔斧的反垄断执法的大环境下，中国医药企业应当如何做好反垄断合规？

Episode 4: Competition enforcement and compliance in the pharmaceutical sector: The State Administration for Market Regulation has recently intensified its efforts in tackling anti-competitive practices in various industries, including the pharmaceutical sector. It has issued several major administrative penalty decisions, such as the record fine against Yangtze River Pharmaceutical Group for implementing monopoly agreements. The competition law regulator stressed that it would continue to strengthen anti-monopoly law enforcement in the pharmaceutical sector to curb and prevent monopolistic conduct for the purpose of protecting consumer interests and ensuring fair market competition. In this podcast, Herbert Smith Freehills senior associate Howard Chan discusses with Kewei Law Firm partner Frances Xu and associate Hazel Xu how Chinese pharmaceutical enterprises can improve regulatory compliance.

第5集：垄断行为的受害者，能够提起仲裁么？

从反垄断法学理论来说，反垄断法作为规范市场竞争秩序的法律，具有明显的公法性质。但根据各国司法实践，公法性质并不是一个不可突破的障碍。近些年来，在欧美一些国家的立法与司法实践中，部分国家已明确将反垄断争议纳入仲裁事项的范畴。但在中国，反垄断的公共政策性仍然是我国考量可仲裁性的重要因素。那么到底哪些垄断纠纷可以仲裁，哪些类型的又不可仲裁呢？可仲裁性的区分标准又是否是一成不变的呢？本期的反垄断百「科」，我们将和大家一起探讨这些问题。

Episode 5: Determining the arbitrability of competition law in China: The question of the arbitrability of competition law related issues have been considered in many jurisdictions around the world. Whilst resolution of competition disputes by way of arbitration has been recognised in some jurisdictions such as the European Union and the United States, the public law nature of competition law is still a major factor considered by the Chinese courts when deciding the extent to which antitrust issues can be covered by an arbitration agreement. In this podcast, Herbert Smith Freehills senior consultant Stella Hu and senior associate Howard Chan discuss the arbitrability of competition law in China with Kewei Law Firm partner Frances Xu.

Recent developments in cartel investigation & leniency practices, in & outside Japan (English)

HSF Tokyo senior associate Joel Rheuben is joined by Yusuke Takamiya, a partner at leading Japanese law firm Mori Hamada & Matsumoto, to discuss recent developments in cartel investigation and leniency practices. Recent amendments to Japan's Antimonopoly Law have provided the Japan Fair Trade Commission (JFTC) with wider discretion in setting cartel fines, with the aim of encouraging greater cooperation from cartel leniency applicants. At the same time, the JFTC has promised greater protection for confidential attorney-client communications during cartel investigations. This podcast provides an overview of these developments, as well as a counterpoint from the recent practice of jurisdictions outside of Japan.

国内外のカルテル調査とリーニエンシー慣行の最近の動向（日本語版）

カルテル調査とリーニエンシー制度—国内外の最新動向（日本語版）当事務所シニア・アソシエイト、ジョエル・ルーベンが森・濱田松本法律事務所のパートナーである高宮雄介弁護士を特別にお招きして、日本国内外におけるカルテル調査とリーニエンシー制度の最近の動向について意見を交わします。

Regulatory uncertainty in global deals (English)

In a special episode, HSF Tokyo senior associate Joel Rheuben is joined by Ryoichi Kaneko, a partner at leading Japanese law firm Anderson Mori & Tomotsune. Joel and Ryoichi discuss recent changes in merger control and foreign direct investment rules in and out of Japan that make it more difficult to predict when transactions can be subject to review by regulators. This podcast provides an overview of these changes, as well as what companies can do to deal with regulatory uncertainty.

グローバル案件における審査制度の不確実性（日本語版）

日本国内外の企業結合届出や対内直接投資の規制改革により、取引がどのような場合に規制当局の審査対象となるかの予測が困難になっています。

今回のエピソードでは、当事務所シニア・アソシエイト、ジョエル・ルーベンがアンダーソン・毛利・友常法律事務所のパートナーである金子涼一弁護士を特別にお招きして、今般の改革の概要と、その結果もたらされた不確実な状況に企業がどう対応するべきかについて意見を交わします。