Organised by: Competition Law Committee
Session abstract:
Digital platforms have brought significant benefits to our everyday life. On the other hand, however, a handful of digital platforms rapidly gaining large presence has increasingly become a source of concern in various jurisdictions and drawn attention of regulators and legislators. Given the novel nature, each jurisdiction seems struggling how to address this, starting from whether the existing tools are sufficient to whether a new form of regulation is necessary. In this session, we invite speakers from major jurisdictions to discuss this from a competition law perspective, focusing on topics such as the recent developments in respective jurisdictions, various approaches being taken in each jurisdiction and what to look for in the near future.
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Atsushi Yamada
Atsushi Yamada is a partner at the Tokyo office of Anderson Mori & Tomotsune focusing on competition/antitrust law. His practice covers all aspects of competition/antitrust law including assisting clients in investigations by competition authorities (cartels/dominance/unfair trade practices), representation in courts/tribunals challenging decisions made by competition authorities, follow-on civil litigation, and merger filings. He also provides advice relating to structuring new businesses and compliance programs.
Prior to joining Anderson Mori & Tomotsune, he has worked at the Tokyo office of a US law firm and a local Japanese firm after serving as a judge at the Tokyo District Court as well as other courts. With such background, he has extensive experience in litigation and general corporate matters. He is also well experienced in providing labor and employment law advice to both Japanese and non-Japanese companies.
Atsushi Yamada is a graduate of the University of Tokyo (LLB, 1994) and Cornell Law School (LLM, 2004). He is admitted to the Bar in both Japan and New York.
He also serves as an adjunct lecturer for antitrust law at Hitotsubashi University (School of Law).
Janet Hui
Janet Hui is a partner at JunHe’s Hong Kong office and is based in Beijing. Janet primarily specializes in antitrust, cross-border M&A, foreign investment and general corporate matters. Janet has been recognized as a leading lawyer by Chambers Asia-Pacific in antitrust matters and regularly advises on complicated cross-border transactions with respect to transaction structuring, solutions and so on. Janet also frequently helps clients obtain antitrust approvals promptly and effectively.
Ms. Hui has more than 25 years experience in providing legal services to clients in different industries, particularly in areas such as telecommunications and media, hotels and real estate related legal practice.
Ms. Hui has extensive experience in handling various cross border M&A transactions including advising on the structure of transactions, identifying legal and regulatory issues discovered during the legal due diligence process, drafting, revising and finalizing transactions and ancillary agreements and attending to closing and post-closing material matters.
Ms. Hui also has substantial experience in handling various competition and antitrust work including:
Applying for clearances for complicated merger control filings, filing complaints against transactions under merger control review;
Handling investigations for failure to file and transactions with competition concerns or issues; Reviewing and advising on whether transactions and/or commercial arrangement may have competition concerns or issues and solutions to resolve these concerns or issues;
Defending antitrust investigations on alleged anti-competitive practices in China; Applying for leniency for certain infringement actions under the Anti-Monopoly Law;
Providing compliance advice and training to multinational companies in different industries including automobiles, semi-conductors, electrical appliances, luxurious goods, pharmaceuticals, medical devices, hotels and food and beverage packaging.
Speakers
Eva Cole
Eva Cole helps clients navigate the complex area of antitrust law, identifying and mitigating risks before they turn into problems and effectively managing and resolving problems that have unavoidably turned into disputes. As co-chair of the firm’s Antitrust/Competition Practice Group, she focuses her practice on civil antitrust litigation, class actions, and international cartel investigations led by enforcement agencies around the world. She has particularly distinguished experience representing clients in the electronics, financial,
and sports industries.
Elizabeth Avery
Elizabeth is also a senior partner in Gilbert + Tobin’s Competition + Regulation group.
She advises on a broad range of cutting edge competition law issues, including mergers, enforcement litigation and investigations, and ongoing strategic/operational advisory work. She has a particular focus on multijurisdictional matters. She is currently advising Microsoft in relation to a range of digital platform issues including with respect issues arising from the Digital Platform Services Inquiry. Elizabeth also recently represented eBay in relation to its successful +application for ACCC merger authorisation for the acquisition of Cox Automotive’s digital car classifieds platform in Australia. This was only the second time ever that the new merger authorisation process has been used.
Prior to joining Gilbert + Tobin, Elizabeth was an antitrust lawyer in New York. Elizabeth is ranked as a leading lawyer in all major legal directories and is one of two Australian competition lawyers in Australia included in WWL’s ‘Thought Leaders Global Elite 2021 – Competition’. She was recently awarded “Partner of the Year – Competition, Regulation and Trade” 2019.
Corrine Chew
Dr Corinne Chew is the Deputy Head of the firm’s Competition Law & Regulatory practice.
Corinne’s experience extends to all areas of competition law practice, including assisting clients in the filing of merger notifications to the Competition and Consumer Commission of Singapore (CCCS) and other regulatory authorities worldwide, leniency applications and assisting clients in investigations by competition authorities.
Corinne has also assisted multi-national and local companies in setting up competition law compliance and audit structures, dawn raid and whistle-blowing programmes and conducting audit checks for companies in a wide range of industries in Singapore and other jurisdictions.
Corinne’s regulatory experience includes the drafting and enforcement of competition codes and guidelines for sectoral regulators, assisting on appeals, as well as the provision of competition advice to licensees.
The Asia Pacific Legal 500 has listed Corinne as a Leading Individual in Antitrust and Competition for 5 consecutive years. Corinne is also listed in Best Lawyers for Competition/Antitrust Law for 3 consecutive years.
Youngjin Jung
Youngjin Jung is Co-Chair of Kim & Chang’s antitrust and competition law practice. Dr. Jung has significant experience in all areas of antitrust enforcement in merger control, international cartel and abuse of market dominance (including abuse cases of major global technology companies) in major industries such as the technology and IT sectors. He also leads the firm’s international trade practice (including trade remedies, WTO/FTA and sanctions).
Dr. Jung was a visiting professor at Duke Law School and an adjunct professor at Georgetown Law School. He has served as a Non-Governmental Advisor (NGA) for the ICN, and has served as an Officer of IBA International Antitrust Committee and a member of the International Cartel Task Force at ABA Section of Antitrust. He has also worked as the vice-chair of the International Antitrust Committee of ABA Section of International Law.
Dr. Jung was a legal advisor for the Korea-US/Korea-EU Free Trade Agreement (FTA) as a member of the cartel advisory board of the Korea Fair Trade Commission and the Korea Communication Commission. Prior to these experiences, he was a professorial fellow at the Institute for International Economic Law in Washington, DC. He has also participated as a member of the Korean delegation in the OECD competition committee and the WTO Working Party on Interactions between Trade and Competition. He is a registered arbitrator at the World Bank’s
ICSID Arbitration Panel and the Korea Commercial Arbitration Board and is also currently a registered panelist at Korea-US FTA’s dispute settlement body. He worked as an executive member of the IBA Trade and Customs Committee. He also worked at the International Trade Ministry and is the current president of the Korean Society of International Economic Law.
Dr. Jung has authored numerous articles on competition law and international trade, including an ABA Treatise entitled “Competition Laws outside the United States” (co-authored, 2011); “Cartel Enforcement Worldwide” (Cambridge University Press, 2009); “How Far WTO Should Reach into Income Tax Policies” (Journal of International Taxation, 2005); and “How Intellectual Property Rights Interact with Competition Law and Policy in Korea: QUO VADIS?” (Journal of European Competition Law & Practice, 2018).
He has been consistently listed in The International Who’s Who of Competition Lawyers, The International Who’s Who of Business Lawyers and Chambers Asia-Pacific. He has also consistently been listed as a leading lawyer in WTO and International Trade in Chambers Global, Euromoney, and Who’s Who International of Customs and Trade lawyers. He was also noted as a leading expert in Technology, Media and Telecommunication by Euromoney.
Etsuko Hara
Etsuko Hara is a partner at Anderson Mori & Tomotsune with broad experience in the area of antitrust, including international cartel cases, multi-jurisdictional merger filings as well as distribution arrangements, franchising, and strategic alliances. She handles various inbound and outbound cross border transactions, especially in the form of direct investment, joint ventures, and distribution, license and franchise agreements. She is also teaching as an associate professor at the University of Tokyo Graduate Schools for Law and Politics.