Training
Workshop
On
M&AS Evaluation Skills For Competition Authority Officials
Cat Ba, Hai Phong, Vietnam – 13&14 August 2005
Organisers
(1) CUTS International
(2) Vietnam Competition Administration Department (VCAD), Ministry
of Trade, Vietnam
Lecturers
(1) George Lipimile, Executive Director, Zambia Competition Commission
(ZCC);
(2) Hank Spier, Director of Spier Consulting and Former CEO of
the Australian Competition and Consumer Commission (ACCC);
(3) Sitesh Bhojani, Barrister and Consultant, and Former Commissioner
of the ACCC;
(4) John Preston, Competition Policy Consultant, Department for
International Development (DFID), UK
(5) Patrick Krauskopf, Vice Director, Competition Commission of
Switzerland (COMCO)
(6) Joong-weon Jeong, Director, Cartel Division, Korea Fair Trade
Commission (KFTC)
(7) Al-Muatasem Khair Ad-Deen, Economic Analyst, Competition Directorate
- Ministry of Industry and Trade of Jordan
(8) Marie Fanny Raess Costamagna, COMCO
Agenda
SATURDAY, AUGUST 13, 2005
0800-0830 hrs |
Registration and badge collection |
|
0830-0900 hrs |
Workshop Opening and Introduction
to Workshop Objectives & Agenda |
|
Dinh Thi My Loan, Head, VCAD
Patrick Krauskopf,
Vice Director, COMCO
·
John Preston, DFID, UK |
|
0900-1030 hrs |
Session One |
Vietnam merger laws and the M&As
evaluation process |
|
Dinh Thi My Loan
(The presenter will give a concise presentation on M&A-related
provisions in the Competition Law 2004 of Vietnam as well as all
implementation decrees and other related laws and regulations)
- Translating into practice: Shaping up the M&As evaluation
process in Vietnam (20mins)
John
Preston
(The presenter will summarise the
information given on Vietnam merger laws into flow charts to give
the audience a bird’s-eye view on how the M&As regime in Vietnam
will look like in the future) |
|
Interactive Q&As (50mins) |
|
1030-1045 hrs |
TEA/COFFEE BREAK |
|
1045-1215 hrs |
Session Two |
An Overview of M&As investigative
tools |
|
- M&As Investigative Tools – A synopsis (20mins)
Joong-weon
Jeong
(The presenter will give an overview of all
investigative tools available in the M&A evaluation process)
- From a developing country’s perspective (20mins)
George
Lipimile
(Though there are a great deal of
investigative tools available, not all of them may be utilised
in real practice, or not all of them will be feasible for competition
authorities in developing countries due to their special political,
socio-economic characteristics, non-availability of data and the
resource or capacity constraints faced by competition authorities
in these countries. The presenter will deal with these factors
and provide examples on real cases happening in developing economies’
jurisdiction) |
|
Interactive
discussion: For Vietnam – What is necessary and What is feasible
(50mins) |
|
1215-1315 hrs |
LUNCH |
|
1315-1445 hrs |
Session Three |
Phasing in |
|
- Developing an M&As investigation plan (30mins)
Al-Muatasem
Khair Ad-Deen
(The presenter will introduce, in the form of
flow charts, a set of simple screening criteria by which the competition
authority officials can determine whether an M&A transaction
may raise any competitive concerns or not, and therefore can be
cleared at once or not. In case of an anti-competitive M&A
case where an in-depth investigation is required, the presenter
will introduce how to draw up an investigation plan and the composition
of such plan to carry forward the investigative process. This
presentation will also provide illustrative examples.)
- Evidence in M&As investigations: Dos and Donts
(30mins)
Sitesh
Bhojani
(The presenter will
introduce to the audience (i) what type of evidence will be needed
in investigating a merger case that is likely to cause competitive
concerns; (ii) the sources/where to get the necessary evidence;
(iii) the skills required/tips to acquire such evidence; (iv)
the tips to test the accuracy of the evidence; (v) how to organise
the evidence in a suitable manner for use in litigation is required,
etc. All these issues will also be dealt with case-based examples.)
|
|
Floor discussion (45mins) |
|
1500-1515 hrs |
TEA/COFFEE BREAK |
|
|
|
|
1515-1700hrs |
Session Four |
Phasing in |
|
- Quantitative analysis in M&As evaluation (30mins)
Patrick
Krauskopf
(The presenter will introduce the most frequently-used
quantitative analysis tools that may be required during various
stages of an M&As evaluation process. Case-based examples
will be used for illustrative purpose and the most simplified
forms of those quantitative analysis tools will be introduced
so as be better-suited for a young competition authority)
- Cooperation & Coordination with third parties, other
State agencies or competition authorities in other countries
(30mins)
Hank
Spier
(The aim is to introduce
the audience, who will comprise of not only competition authority
officials but officials from other State agencies, how to best
utilise the available resources, information to increase the level
of efficiency and effectiveness in handling M&A cases. For
this purpose, cooperation and coordination with third parties,
other State agencies or competition authorities in other countries
will be very useful. The presenter should convince the audience
of this point, as well as introduce them the possible mechanisms,
on the basis of case analysis. Downside risks of such cooperation
and coordination should also be addressed and solutions may be
introduced, for example on the issue of confidentiality, or overlapping
authorities, etc). |
|
Floor discussion (45mins) |
|
1700-1715 hrs |
Day One Wrap-up & Introduction
of Day Two Programme |
|
SUNDAY, AUGUST 14, 2005
0900-0930 hrs |
Introduction
of two hypothetical M&A cases in the Vietnam context
|
|
0930-0940 hrs |
Plenary discussion – Preparing an investigation
plan |
|
0940-1020 hrs |
Break-out Session 1 – Preparing an investigation
plan |
|
1020-1030 hrs |
Plenary presentation on preparing an investigation
plan |
|
1030-1100 hrs |
Morning break |
|
1100-1110 hrs |
Plenary discussion – Relevant market definition
(Product and Geographical) |
|
1110-1150 hrs |
Break-out session 2 – Relevant market definition |
|
1150-1200 hrs |
Plenary presentation
on relevant market definition |
|
1200-1330 hrs |
Lunch |
|
1330-1340 hrs |
Plenary discussion – Conclusion on market shares |
|
1340-1420 hrs |
Break-out session 3 – Determining conclusion
on market shares |
|
1420-1430 hrs |
Plenary presentation on conclusion on market
shares |
|
1430-1440 hrs |
Plenary discussion – Exemptions and decisions |
|
1440-1520 hrs |
Break-out session 4 – Exemptions and decisions |
|
1520-1530 hrs |
Plenary presentation on exemptions and decisions |
|
1530-1600 hrs |
Afternoon break |
|
1600-1645 hrs |
Open discussion:
- The
way forward
- Questions
- Recommendations
for further work/training |
|
1645-1700 hrs |
Conclusion and wrap-up of workshop |
|