PROFESSOR RICHARD WHISH 2nd LECTURE SERIES
MERGERS AND DIGITAL ECONOMY IN COMPETITION LAW
12 JANUARY 2023 (THURSDAY) LE MERIDIEN, KUALA LUMPUR
| 8.30 AM | REGISTRATION DAY |
| 9.15 AM |
Arrival of VVIP Arrival of the Minister of Domestic Trade and Cost of Living DOA RECITATION NATIONAL ANTHEM “NEGARAKU” |
| 9.20 AM | Welcoming Remarks by YBHG. DATO’ SERI MOHD HISHAMUDIN BIN YUNUS Chairman of Malaysia Competition Commission |
| 9.30 AM | Address by YB DATUK SERI SALAHUDDIN BIN AYUB Minister of Domestic Trade and Cost of Living |
| 9.45 AM | SESSION 1 : MERGERS |
| (2 hours 10 minutes) |
The introduction of a merger control regime to prohibit mergers or anticipated mergers (if consummated) that may result in a substantial lessening of competition within any market for goods or services in Malaysia is imperative in preserving a competitive market structure and stimulating our economic recovery toward a more resilient, inclusive and climate-friendly economy. Without a thorough merger control regime in Malaysia, there are serious risks of higher market concentration and market power in several sectors, which may result in price increases, slower innovation and productivity, and aggravated inequality among Malaysians. Part 1 : Professor Richard Whish, a renowned expert in the global competition law field, will act as a convener, highlighting first the recent developments of mergers regulation in Europe, and to keep the discussion going, he will highlight the importance of the merger control regime and why the implementation should be expedited in Malaysia. After listening to the other two speakers, he will then wrap up and comment on both speakers’ perspectives as a regulator and a private practitioner in dealing with mergers application. Part 2 : Ms. Krystal Uy Sia, a merger expert from the Philippines Competition Commission (PCC), will present on the development of the merger regime framework across the ASEAN region specifically in the Philippines. Ms. Krystal Uy Sia will also provide a regulator’s perspective on the expectations and the practical challenges in implementing a newly introduced merger regulation. Part 3 : Ms. Dominique Lombardi, a merger expert with more than 20 years of experience will also share with the audience her perspectives on mergers from the business side and the challenges she foresees as a private practitioner in implementing a new merger regulation in Malaysia. Convener:
Speakers:
|
| 11.55 AM | Commentator for Session 1 :
Q&A [Pigeonhole Style] (30 minutes) |
| 12.45PM | NETWORKING LUNCH |
| 2.15PM | SESSION 2: COMPETITION LAW AND THE DIGITAL ECONOMY |
| (1 hour 30 minutes) |
On the digital economy front, digital usage has been growing across all sectors of the economy, with consumers and businesses shifting online. The emergence of tech giants has presented competition authorities around the world with new challenges that require new approaches. Malaysia is no exception. Therefore, there is an urgent in tackling these challenges to promote competition and innovation, to the benefit of consumers as well as the many businesses that rely on these important services. Part 1: Professor Richard Whish acts as a convener, will share his view on the emergence of such enforcement trends among the competition authorities around the world and why it is important for Malaysia to have its own set of regulations despite being a small economy. He will also discuss the role of other government bodies in working together with industry players related to the digital economy. Part 2: Mr. Will Hayter, a digital economy expert from Competition & Markets Authority (CMA), UK will share general updates on the UK approach in the digital market and the CMA’s experience setting up the Digital Markets Unit (DMU). Besides, with the complex digital economy issues, he will also touch on the right approach of enforcement in the case of the digital economy and whether interaction with other sector regulators is required. Speakers:
|
| 3.45 PM | Commentator for Session 2 :
Q&A [Pigeonhole Style] (30 minutes) |
| 4.30 PM | END |
DISTINGUISHED SPEAKERS
Professor Richard Whish
Professor of Law
King’s College London
Richard Whish is Emeritus Professor of Law at King’s College London; in 2014 he was appointed QC Honoris Causa. He was a non-executive director of the Office of Fair Trading in the UK from 2003 to 2009, and a non-executive director of the Singaporean Energy Markets Authority from 2005 to 2011. He is the co-author, with David Bailey, of Competition Law, 10th edition 2021 (OUP), and the author of many other books, articles, case-notes and book reviews on various aspects of international competition law and policy.
Ms. Krystal Uy-Sia
Director, Mergers and Acquisitions Office
Philippine Competition Commission (PCC)
Krystal Uy-Sia obtained her Bachelor of Arts degree in Political Science from the Ateneo de Manila University, and finished her Juris Doctor Degree in the University of the Philippines. In 2019, she obtained her MA in EU Competition Law in King’s College London and in 2020 her LLM in Innovation and Technology Law from the University of Edinburgh. She was admitted in the Philippine Bar in 2011 and was ranked 7 in the 2010 Bar Examinations. She worked as a litigation and corporate attorney before joining the USAID Trade-Related Assistance for Development (TRADE) Project as the Technical Legal Assistant for Competition, where she worked on the implementing rules and regula- tions of the newly-enacted Philippine Competition Act. From the creation of the Philippine Competition Commission in 2016, she has held the position of Director IV of the Mergers and Acquisition Office.
Mr. Will Hayter
Senior Director
Digital Markets Unit
Competition and Markets Authority, UK
Will Hayter is Senior Director, Digital Markets Unit at the Competition and Markets Authority. Until April he was leading a joint No10 / Cabinet Office team supporting the UK’s exit from the European Union. Before that he was at the CMA for five years, in a mixture of project and policy roles. He was the first Director of the UK Regulators Network and a project director at Ofcom, having started his career in strategy consulting.
Ms. Dominique Lombardi
Senior Lawyer
Dominique Lombardi is a senior lawyer with more than 20 years experience in the competition / antitrust field. Her expertise covers all aspects of competition/antitrust law - merger control, international cartels (including multi-jurisdictional leniency), vertical restraints, abusive conduct - as well as deregulation law. She has worked as an in-house counsel as well as in private practice in Europe and in Singapore. Until recently, she was a partner and the Deputy Head of the Competition & Antitrust, and Trade Practice of a leading regional law firm based in Singapore. Having spent more than 15 years in Asia, she has acquired an intimate knowledge of competition regimes in the region and brings a unique dual European/Asian approach. Dominique has been cited as a leading lawyer by various journals, including Euromoney Experts Guide to the World’s Leading Competition & Antitrust Lawyers, Chambers, Who’s Who Legal. She was recently named Lawyer of the Year (Competition/Antitrust) - Singapore by Best Lawyers. Separately, Dominique is an Adjunct Lecturer at Sorbonne Assas International Law School - Asia, where she lectures on European Competition Law. Dominique has been appointed as a French Foreign Trade Advisor since 2011. In 2018, Dominique wasconferred Knight of the French National Order of Merit.