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NICHOLAS BANASEVIC
Nicholas Banasevic is Deputy Head of Unit in the Information Industries,
Internet and Consumer Electronics Unit of the Competition Directorate-
General (DG) of the European Commission.
Mr. Banasevic joined DG Competition in 2000. The majority of his time there
has been spent on the Commission’s Microsoft investigation, where he was
one of the team which worked on the Commission’s March 2004 Decision. He
continues to work on issues relating to the implementation of this Decision.
Mr. Banasevic has also worked on a number of anti-trust cases relating to
standard-setting.
Prior to joining DG Competition, Mr. Banasevic was seconded by the UK
Department of Trade and Industry (DTI) to DG Enlargement of the European
Commission for 4 years. Before that, Mr. Banasevic worked in the DTI’s
Competition Directorate, primarily on EU merger cases.
Joseph J. Bial
Joseph Bial is a partner in the Antitrust Group of Cadwalader's Litigation Department,
resident in Washington, D.C. He regularly represents both defendants and plaintiffs in
antitrust and commercial litigation in federal district and appellate courts, as well as
before state and federal regulatory agencies. In recent years, Joe has led, or been
instrumental in, several high-profile monopolization cases on behalf of entrepreneurs
in high-tech industries. At the same time, he regularly defends clients in cases alleging
violations of federal and state antitrust laws across a broad range of industries. These
cases include defending clients against antitrust class actions in the steel, municipal
derivatives, sorbates, auction rate securities and oriented strand board industries. He
has particular expertise defending clients against alleged participation in international
cartels, as well as defending civil actions following grand jury and other government
investigations.
In addition to his work in the United States, Joe focuses on antitrust and anti-
monopoly issues arising in Asia, where he frequently lectures and previously worked
following judicial clerkships. He was a co-chair of Cadwalader's 2012 Asia Antitrust
Forum, a series of conferences held in Beijing, Hong Kong, Shanghai and Taipei from
April 16-23, 2012, that addressed several important competition-related issues under
China's newly-enacted Antimonopoly Law ("AML"). The materials presented are
available upon request.
Joe was recently identified in The Legal 500 (2012), where clients noted that his
"depth of expertise and passion for antitrust is unmatched." He is also named in Who's
Who in Asia (1st Edition (2007) and 2nd Edition (2012)). Joe is also a frequent
speaker on economic, competition and financial issues and has made numerous
broadcasted appearances, including on Bloomberg and international news channel
NTN24.
Joe received his undergraduate degree from Miami University and holds a Ph.D. in
Economics from the University of Arizona. He graduated with high honors from the
University of Chicago Law School, where he was both a Bradley Fellow and a John
M. Olin Fellow, received the Olin Prize in Law & Economics, and was elected to the
Order of the Coif. Joe clerked for Chief Judge Douglas H. Ginsburg of the U.S. Court
of Appeals for the D.C. Circuit and Justice Robert L. Eastaugh of the Alaska Supreme
Court. He has also testified as an economic expert and consulted as an economist and
has been an Adjunct Professor at George Mason School of Law, teaching Advanced
Antitrust, and at the University of Alaska College of Business and Public Policy,
teaching business law.
Joe is a member of the bar in New York and in the District of Columbia and is
admitted to practice before the U.S. Courts of Appeals for the Second, Sixth, Seventh
and Eighth Circuits and the U.S. District Courts for the District of Columbia, the
Northern District of Illinois, and the Southern District of New York.
Selected Publications and Speeches
Speaker, presenting “Responding to Cross-Border Litigation, Amnesty
Programs and International Investigations: The Upcoming Challenges Facing
Chinese SOEs and Corporations,” at the Anti-monopoly Law and Competition
Compliance conference hosted by the Asia Competition Association, Shanghai,
China, December 2012
Panelist, “Understanding Political & Regulatory Considerations in Investment
Decisions” at the BNY Mellon Sixth Annual Depositary Receipt Issuers'
Conference - Asia-Pacific, Sapporo, Japan, November 2012
Panelist, “2012 International Cartel Enforcement & Amnesty Forum,” in
connection with the University of Minnesota School of Law and Tohmatsu
Financial Advisory Co., Ltd., Tokyo, Japan, November 2012
Speaker, “Why China, Why Now? New Cross-Border Investment Mechanisms,
Compliance, and Exits,” hosted by China International Capital Corporation,
New York, October 2012
Speaker, Asia Antitrust Forum, sponsored by Cadwalader and held in Beijing,
Shanghai, Hong Kong and Taipei, April 2012
Appearance, International News Channel NTN24, Discussing President
Obama's Proposal to Merge Federal Agencies, January 2012
Appearance, International News Channel NTN24, Discussing Failure of "Debt
Supercommittee" to Issue Recommendation to Reduce Federal Deficit,
November 2011
"The Panda Bear Hug," with Alec Burnside and Christian Lorenz, MLex
Magazine, Issue 7 - October/December 2011
Guest Lecturer, "Antitrust and Internet Search," Fordham University Law
School, New York, New York, September 2011
Appearance, International News Channel NTN24, Discussing US Ratings
Downgrade, August 2011
Speaker, "Proposed Rules for China's Anti-Monopoly Law Private Litigation,"
Section of International Law and Section of Antitrust Law, American Bar
Association, June 2011
Panelist, "Deception as a Means to Exclude Competitors and Reduce
Competition," 59th Annual Antitrust Spring Meeting, American Bar
Association, Washington, D.C., March 2011
Guest Lecturer, "Legal and Economic Considerations of Deceptive Conduct
Under the Antitrust Laws," University of Florida Levin College of Law,
Gainesville, FL, February 2011
Panelist, "From Mediterranean Avenue to Boardwalk: Unilateral Conduct
Revisited," Antitrust Law Section Annual Meeting, New York State Bar
Association, New York, New York, January 2011
Speaker, "Managing the Interface with IP," Competition Commission of India
Conference, U.S. Chamber of Commerce, Washington, D.C., October 2010
Speaker, "The Case Against Google," Press Conference, National Press Club,
Washington, D.C., April 2010
Panelist, "How Today's Technology is Impacting the Nature of Competition
and Privacy," Santa Clara, California, December 2009
All China Economics International Conference, invited to present "The Impact
of Competition Policy on International Industrial Cartels," Hong Kong, S.A.R.,
December 2009
Panelist, "The Impact of Early Case Assessment on e-Discovery," Masters
Conference for Legal Professionals, Washington, D.C., October 2009
Speaker, International Seminar of AML Civil Litigation, East China University
of Politics and Law, Shanghai, P.R. China, September 2009
"Antitrust and the Internet: Defining the Limits of the 'Relevant Market' in the
New Economy," mimeo, 2001 (rev. 2006)
"Inducing Innovation in the Environmental Technology of Oligopolistic
Firms," with Robert Innes, Journal of Industrial Economics, Vol. 50(3),
September 2002
"Questioning the SEC's Crusades," with Henry Manne, Regulation, Vol. 24(4),
Winter 2001
"Response: Transboundary Protected Areas," The Common Property Resource
Digest, No. 59, December 2001
"Public Choice Issues in Collective Action: Constituent Group Pressures and
International Global Warming Regulation," with Gary D. Libecap and Daniel
Houser, available at Social Science Research Network (SSRN), Abstract
#235285, July 2000
"Asymmetric Benefits in the Voluntary Contributions Mechanism," with D.
Packard and M. Isaac, Research in Experimental Economics, JAI Press, Vol. 8,
1999
Speaker, Western Economic Association Meetings, "Inducing Innovation in
Environmental Technologies," Lake Tahoe, Nevada, July 1998
Invited Discussant, American Economic Association, Annual Meetings,
Society of Government Economists, Chicago, January 1998
"A Theoretical and Empirical Examination of Decentralized Environmental
Regulation," Doctoral Dissertation, 1998
George S. Cary
George S. Cary is a partner based in the Washington, D.C. office.
Mr. Cary's practice focuses on antitrust counseling and litigation.
Before joining the firm in 1998, Mr. Cary served as Deputy Director of the United
States Federal Trade Commission’s Bureau of Competition, responsible for merger
enforcement. Prior to 1995, Mr. Cary was an antitrust and litigation partner at the
Los Angeles firm of Irell & Manella.
Since joining Cleary Gottlieb, Mr. Cary has represented companies in many
industry-transforming mergers and acquisitions. Among other matters, Mr. Cary
represented The Dow Chemical Company in its acquisition of Union Carbide, the
largest merger in the chemical industry; Time Warner in its merger with AOL, at
the time the largest merger in history; SmithKline Beecham in its merger with
Glaxo Wellcome, at the time the largest pharmaceutical merger; and Conoco in its
merger with Phillips Petroleum, creating the largest petroleum refining and
marketing company in the U.S. Most recently he represented Western Digital in its
$4.3 billion acquisition of Hitachi’s hard drive business; Deutsche Telekom in its
proposed $39 billion sale of T-Mobile USA to AT&T; Google in its $750 million
acquisition of AdMob; and The Dow Chemical Company in its $18 billion
acquisition of Rohm & Haas.
While serving as Deputy Director of the FTC’s Bureau of Competition, Mr. Cary
oversaw a record number of merger transactions. Mr. Cary was lead trial counsel
for the FTC in its successful challenge of the Staples/Office Depot merger,
considered the most significant merger case in a decade. In 1997, he was the
recipient of the Brandeis Award given to the outstanding litigator at the Federal
Trade Commission. Mr. Cary was a principal author of the 1997 modification of
the 1992 Federal Horizontal Merger Guidelines, which incorporated consideration
of efficiencies in merger assessment.
Mr. Cary maintains a diverse antitrust litigation docket, with emphasis on the
application of antitrust to intellectual property and high technology markets. He
recently represented Sabre Holdings in separate litigations brought by American
Airlines and US Airways, and is currently advising Travelocity in a class action
lawsuit challenging its agreements with major hotel chains. He previously
represented Broadcom in its lawsuit against Qualcomm challenging Qualcomm’s
conduct in licensing patents to third-generation wireless telephony technology. Mr.
Cary has represented GlaxoSmithKline in a series of cases challenging GSK’s
enforcement of its patents. Mr. Cary was asked to take over the defense of Aspen
Technology in the FTC’s challenge to its acquisition of Hyprotech in the industrial
process software market, resolved with AspenTech being allowed to keep the
assets acquired. He also successfully defended Equitable Resources in the FTC’s
challenge to its acquisition of People’s Natural Gas Co., winning dismissal of the
FTC’s complaint in District Court.
Mr. Cary has served as chair of the Government Antitrust Litigation Committee of
the American Bar Association's Antitrust Section. He previously served on the
California Judicial Nominees Evaluation Commission, which is responsible for
evaluating all nominees to the California state trial and appellate courts and on the
State Bar's Federal Courts Committee. In addition, Mr. Cary was a commissioner
on the International Trade Advisory Commission for the Department of Commerce
and the US Trade Representative.
Mr. Cary is a frequent speaker and writer on antitrust issues. He has addressed
business and bar groups and has been interviewed by newspapers, radio stations,
and specialized trade publications, including the Wall Street Journal, the
Washington Post, the New York Times, the Los Angeles Times, USA Today,
National Public Radio, Business Week, Corporate Counsel Magazine, and The
American Lawyer. Mr. Cary has appeared in television interviews on CNN, NBC,
CNBC, Bloomberg Television, and PBS.
In 2011, The Best Lawyers in America named Mr. Cary Washington, DC's
Antitrust Lawyer of the Year, and he was honored by The National Law Journal as
a 2010 “Visionary,” one of a select group “who have gone the extra mile to
enhance the business and ensure justice is done.” Global Competition Review
named Mr. Cary one of the 14 “Best in the US” antitrust defense litigators based
on a survey of top antitrust lawyers and in-house counsel as to who they would use
“if the case was definitely going to trial - and their life depended on the result.”
Mr. Cary is consistently distinguished as a “Tier 1” antitrust lawyer by Chambers
Global, Chambers USA and Benchmark Litigation: The Definitive Guide to
America's Leading Litigation Firms and Attorneys, and has been named a
“Leading Lawyer” in antitrust by The Legal 500 U.S. He was named a “Life
Science Star” in the inaugural edition of Euromoney’s LMG Life Sciences
2012. Lawdragon 500 named Mr. Cary one of the 500 leading lawyers in America
and one of the 500 leading litigators in America. He has also been named in
Euromoney Legal Media Group’s Best of the Best Guide, listed as one of the Best
Lawyers for antitrust by Washingtonian magazine, is listed in the International
Who's Who of Competition Lawyers
and has been selected as a Washington D.C. “Super Lawyer” by Super Lawyers
magazine every year since 2007.
Mr. Cary received his J.D. from the University of California - Berkeley School of
Law (Boalt Hall) in 1976. He received his A.B. in Economics (with Honors) from
the University of California - Santa Cruz in 1973.
Mr. Cary is a member of the Bars in California and the District of Columbia.
Philippe Chappatte
Philippe is Head of the Competition Group.
He is resident in our London office, but also spends a proportion of his time in
Brussels. He is responsible for the running and development of the firm’s global
competition practice, including through our Beijing and Hong Kong offices and
'best friend' firms.
Philippe has extensive experience of both EU and UK competition law with
expertise in merger, cartel, behavioural and competition litigation cases in both
jurisdictions.
Highlights include advising:
BHP Billiton on its proposed iron ore production joint venture with Rio
Tinto (subject to a detailed investigation by the European Commission)
Bertelsmann in connection with the merger of its recorded music business,
BMG, with Sony Music (unconditionally cleared twice after two detailed
Phase II investigations by the European Commission) and on its successful
appeal to the Court of Justice against the General Court's judgment in the
Impala case
Chi-X Europe on its merger with BATS (cleared unconditionally after a
detailed investigation by the UK Competition Commission) and on its
representations to the European Commission regarding the proposed
Euronext / Deutsche Boerse merger
Global Radio in the OFT’s merger investigation into the GMG Radio deal
(only the second case to involve a fast track reference application to the UK
Competition Commission and one of the few media cases to involve a Public
Interest Intervention notice on media plurality grounds)
Ericsson on its Article 102 complaint to the European Commission
concerning Qualcomm’s patent licensing practices, on its acquisition of
Nortel’s patent portfolio (Rockstar transaction) and of Nortel’s multi-service
switching business (cleared by the European Commission after concessions)
Fuji Electric in the GIS and power transformer cartel cases, including on its
appeal to the General Court against the European Commission’s
infringement decision in the GIS case
Booking.com on the OFT’s investigation into hotel online bookings
Philippe is listed as a leading individual in the 'Competition/European Law: Non-
contentious' section of Chambers UK, 2013 (Band 1) and for EU and competition
in The Legal 500 UK, 2012. He is also listed for 'Competition/European Law',
'Competition/European Law (Foreign Experts)' and 'Competition/European Law
(Experts Based Abroad)' in Chambers Global, 2012.
Philippe is the President of the European Competition Lawyers Forum (which is
used as a sounding board on policy and practice-related issues by the European
Commission’s Competition Directorate General). He is fluent in French and has a
reasonable knowledge of German.
YEE WAH CHIN 陈懿华
Yee Wah Chin is Of Counsel to Ingram Yuzek Gainen Carroll & Bertolotti LLP, New York.She has been a Senior Counsel and Partner with AmLaw 100 law firms, and an AssistantGeneral Counsel – Antitrust at a Fortune 100 company. Her practice encompasses allaspects of antitrust counseling and litigation, advising on matters with antitrustexposure, particularly involving intellectual property. She has defended clients beforethe Antitrust Division of the U.S. Department of Justice and the Federal TradeCommission in investigations over transactions and conduct as well as for criminal pricefixing, and litigated antitrust cases in Federal courts in New York, Washington, D.C. andother parts of the country.
Ms. Chin has written and spoken frequently about China’s Anti-Monopoly Law, includingpublishing “Merger Control under China’s Anti-Monopoly Law” in Legal Risk for ChinaInvestments, a journal for foreign investors in China, and speaking at the 61st ABAAntitrust Law Section Spring Meeting, and the 36th Annual Wolfgang FriedmannConference at Columbia University. She was a member of many ABA working groups onthe AML and its regulations. She has been a regular writer and speaker on antitrust andintellectual property, including at ABA and Practising Law Institute conferences. Ms.Chin has been cited in publications including The Wall Street Journal, Reuters, SanFrancisco Chronicle, and CompetitionLaw360.
Ms. Chin was Co-Chair of the ABA International Law Section International AntitrustCommittee. She is the Policy Officer of the ABA International Law Section. She is also apast Chair of the Antitrust & Competition Committee of the DC Bar International LawSection.
Ms. Chin received her undergraduate education at the Massachusetts Institute ofTechnology and her law degree from Columbia University. She has an AV® Preeminent™Peer Review Rating by Lexis/Nexis Martindale-Hubbell.
Yee Wah ChinIngram Yuzek Gainen Carroll & Bertolotti LLP250 Park AvenueNew York, New York 10177T: +1-212-907-9613F: [email protected]
Karel Daele, Mishcon de Reya
Karel Daele is partner and head of the international arbitration group at Mishcon de Reya, a leading UK law firm. He advises and represents clients in arbitrations under the International Centre for Settlement of Investment Disputes (ICSID), International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the UN Commission on International Trade Law (UNCITRAL), the Belgian Centre for Mediation and Arbitration (CEPINA) rules and in ad hoc arbitrations. Karel also acts as an arbitrator.
His experience encompasses a range of dispute types in various sectors such as the oil and gas industry, water utilities, power generation and distribution, construction and infrastructure, telecoms and general commercial disputes. Having lived and worked in East Africa for several years, he has also specialist knowledge of Africa related matters, both legally and culturally.
Karel is member of the Chartered Institute of Arbitrators, LCIA, ICC, ICCA, IBA, the World Banks’ Expert Consultative Group of the Investment Across Borders project and various other arbitration organisations.
His arbitration and Africa work is acknowledged in international legal directories such as the International Who's Who in Commercial Arbitration, Chambers & Partners and the Guide to the World's Leading Experts in Commercial Arbitration.
He published the reference work "Challenge and Disqualification of Arbitrators in International Arbitration" and contributed to several books including "Arbitration in Africa – A Practitioner's Handbook". He has also published numerous articles in national and international legal journals on foreign direct investment, investment arbitration and dispute resolution.
333 Bush Street Suite 1450
San Francisco, CA 94104 (415) 906-3221
Fei Deng Partner
Dr. Deng’s areas of expertise are applied microeconomics and econometrics. She has consulted for clients in antitrust litigation and mergers, class actions, intellectual property disputes, and commercial damages cases. Dr. Deng specializes in applying economic and econometric tools to gain insight into key issues, and then presenting the results in a way that is easy for the audience to understand. Dr. Deng has substantial experience assisting clients in ITC 337 cases, providing economic analysis of the likely effects of an exclusion order on the public interest, the existence of a domestic industry protected by the asserted patents, and the appropriate bond. Dr. Deng has consulted extensively for Asian clients faced with litigation and commercial disputes in the United States and European Union. For example, in a recent price-fixing case involving major manufacturers of liquid display panels being investigated in multiple jurisdictions, Dr. Deng assisted a defendant with damages analysis and data management for both the criminal and civil stages of the litigation. Dr. Deng is an expert on the antitrust and IP policies of the People’s Republic of China. She served as a consultant to the Anti-Monopoly Bureau under the Ministry of Commerce (MOFCOM) in a recent matter, and has advised multinational corporations on a number of mergers in China. She has also been actively involved in providing advice and comments to all three of China’s antitrust agencies, and was a guest lecturer on competition economics at Renmin University. Dr. Deng is an editor of the ABA publication Antitrust Source. Her publications have appeared in the Antitrust Law Journal, Antitrust, Antitrust Source, Global Competition Policy, and Law360. Dr. Deng also co-authored a chapter in the American Bar Association Section of Antitrust Law (ABA) volume Issues in Competition Law and Policy.
E D U C A T I O N Boston University Ph.D., Economics, 2006 Shandong University B.A., Finance, 2001
A P P O I N T M E N T S
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Antitrust Source, Editor
Guest Lecturer, Renmin University, China
E M P L O Y M E N T
Edgeworth Economics, LLC 2012-present, Partner NERA Economic Consulting 2009-2012, Senior Consultant 2006-2009, Consultant
P A P E R S A N D P U B L I C A T I O N S
“The Role of China’s Unique Economic Characteristics in Anti-Monopoly Law Enforcement,” China’s Anti-Monopoly Law – The First Five Years, ed. by Wolters Kluwer, 2013 (with G. Leonard). “The State of IP Valuation in China,” Intellectual Asset Management Magazine, January/February 2013 (served as panelist). “Economic Analysis in Indirect Purchaser Class Actions,” Antitrust, Fall 2011, pp. 51-57 (with J. Johnson and G. Leonard). “Church and State: An Economic Analysis,” American Law and Economics Review, August 2011 (with K. Hylton and Y. Rodionova).
“Fiona M. Scott Morton: Letting the Data Speak,” Antitrust Source, June 2011.
“Considering Welfare in ITC Exclusion Order Cases,” IP Law360 and Competition Law360, May 2, 2010 (with G. Leonard and M. Lopez).
“Interview with Xu Kunlin, Director General of the Department of Price Supervision Under the National Development and Reform Commission of People's Republic of China,” Antitrust Source, February 2011, (with H. Harris and Y. Zhang).
“Interview with Shang Ming, Director General of the Anti-Monopoly Bureau Under the Ministry of Commerce of the People's Republic of China,” Antitrust Source, February 2011, (with H. Harris and Y. Zhang).
“Interview with NingWanglu, Director General of the Anti-Monopoly and Anti-Unfair Competition Enforcement Bureau Under the State Administration for Industry and Commerce of People's Republic of China,” Antitrust Source, February 2011, (with H. Harris and Y. Zhang).
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“How Private Antitrust Litigation May Be Conducted in China,” Competition Law360, January 6, 2010 (with G. Leonard and W. Tang).
“A Hard Landing in the Soft Drink Market – MOFCOM’s Veto of the Coca-Cola/Huiyuan Deal,” Global Competition Policy, April 2009(2) (with A. Emch and G. Leonard).
“Allocative and Productive Efficiency,” in Issues in Competition Law and Policy, ed. by W. Dale Collins, 2008 (with G. Leonard).
“Incentives and China’s New Antimonopoly Law,” Antitrust, Spring 2008, pp. 73-77 (with G. Leonard).
“Antitrust Around the World: An Empirical Analysis of the Scope of Competition Laws and Their Effects,” Antitrust Law Journal, Vol. 74, 2007, pp. 271-341 (with K. Hylton).
“State Dependence and Dynamic Strategic Interactions in Supermarket Prices,” Working Paper, September 2006.
“Measuring the Substitution Effects of Sales Promotions in Supermarkets: An Analysis Based on a Dynamic Model of Differentiated Products,” Working Paper, September 2006.
P R E S E N T A T I O N S
“Use of Economic Analysis in Intellectual Property Litigation,” China’s Finance Executive Council, Shanghai, People’s Republic of China, February 15, 2011. “Advance in the Analysis of Class Certification,” WilmerHale, Washington, DC, September 23, 2010. “Upward Pricing Pressure (UPP),” Presentation to the Anti-Monopoly Bureau of MOFCOM of the People’s Republic of China, Beijing, People’s Republic of China, July 12, 2010.
“Antitrust and Intellectual Property,” Supreme People’s Court, Beijing, People’s Republic of China, May 26, 2010. “Analyzing Abuse of Dominance,” 2nd Ethical Beacon Anti-Monopoly Summit, Beijing, People’s Republic of China, May 27, 2010. “Case Study: Economic Analysis of Coordinated Interaction,” Presentation to the Anti-Monopoly Bureau of MOFCOM, Beijing, People’s Republic of China, September 22, 2009. “Case Study: The Use of Economic Analysis in Merger Review,” Presentation to the Anti-Monopoly Bureau of MOFCOM, Beijing, People’s Republic of China, May 27, 2009. Presentation on the Economics of Antitrust, National Judicial College of the People’s Republic of China, Xi’an, People’s Republic of China, May 25-26, 2009.
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Presentations on Entry Analysis to a Delegation from the Anti-Monopoly Bureau of MOFCOM of the People’s Republic of China, Washington, DC, May 10-11, 2009.
“Developments in Antitrust and Intellectual Property in China,” NERA Seminar on Antitrust and Intellectual Property Economics and Litigation in China, Washington, DC, April 16, 2009. “Developments in Antitrust and Intellectual Property in China,” NERA Seminar on Antitrust and Intellectual Property Economics and Litigation in China, San Francisco, CA, April 23, 2009. “Use of Difference-in-Differences in Antitrust Cases,” Hogan & Hartson LLP, Washington, DC, February 19, 2009. “Application of the AML to IP Rights,” Seminar on China’s Anti-monopoly Law and Regulation on Abuse of Intellectual Property Rights, Beijing, People’s Republic of China, April 26, 2008.
“Tension Between Antitrust Law and IP Rights,” International Conference on Globalization and the Protection of Intellectual Property Rights, Beijing, People’s Republic of China, January 20, 2007. “State Dependence and Dynamic Strategic Interactions in Supermarket Prices,” Pacific Rim Conference, Western Economic Association, Beijing, People’s Republic of China, January 12, 2007. “Use of Merger Simulation in Antitrust Analysis,” Chinese Academy of Social Sciences, Beijing, People’s Republic of China, July 20, 2006. “Merger Simulation: A Case Study,” Sino-American Symposium on the Legislation and Practice of Anti-Trust Law, Beijing, People’s Republic of China, July 17, 2006. “Measuring the Substitution Effects of Sales Promotions in Supermarkets: An Analysis Based on a Dynamic Model of Differentiated Products,” The 32nd Conference of the European Association for Research in Industrial Economics (EARIE), Porto, Portugal, September 2005.
S E L E C T E D I N D U S T R Y E X P E R I E N C E Chemicals: Graphite MMA/PMMA Consumer Goods and Services: Beer Car Tracking Systems Energy Drinks Infant Formula Nail Color Pool Products Package Shipping Electronic Equipment/Devices:
Liquid Crystal Display Panels Marine Navigation Systems Microphones/Speakers Power-over-Ethernet Networking Equipment Tablets TV and Cable Server Health Care: Hospitals Healthcare Insurance Management Software Medical Devices Pharmacy Benefit Management
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Prescription Pharmaceuticals OTC Pharmaceuticals Industrial Products and Services: Cargo Shipping Decorative Paper Oriented Strand Board Pipeline Laying Packaging Materials Retailing:
Clothing Supermarkets Sports: Auto Racing Telecommunications: Mobile Devices Operating Systems for Mobile Devices Applications for Mobile Devices
S E L E C T E D C O N S U L T I N G A S S I G N M E N T S ITC 337:
Barnes & Noble
o Analysis of whether a domestic industry exists and the appropriate bond. Cisco
o Analysis of the effect of an exclusion order on the public interest, whether a domestic industry exists or in the process of being established, and the appropriate bond.
Motorola o Analysis of whether a domestic industry exists and the appropriate bond.
Raymarine
o Analysis of the effect of an exclusion order on the public interest, whether a domestic industry exists or in the process of being established, and the appropriate bond.
China Antitrust: Anti-Monopoly Bureau of MOFCOM
o Served as an outside expert for MOFCOM in its review of the UPS/TNT merger; worked directly with MOFCOM staff in reviewing case materials, formulating data and information requests to the merging parties and third parties, and analyzing market definition and competitive effects; prepared and delivered a report to MOFCOM.
Anti-Monopoly Bureau of MOFCOM
o Under an assignment from the Anti-Monopoly Bureau of MOFCOM, working directly with MOFCOM staff, conducted research on the unique aspects of the Chinese economy and their effects on merger analysis in China; prepared and delivered a report on economic methods for analyzing the competitive effects of mergers and their applications in China.
Google/Motorola
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o Provided advice to the parties regarding their merger filing in Chin and remedy negotiations with MOFCOM.
Knowles/NXP
o Conducted economic analysis specific to the China region; prepared report regarding market definition and the competitive effects of the proposed merger in China.
Mitsubishi Rayon/Lucite o Analyzed market definition and the competitive effects of the proposed merger in China.
Inbev/Anheuser-Busch
o Analyzed market definition and the competitive effects of the proposed merger in China.
Danone o Analyzed market definition and the competitive effects of a potential acquisition in all jurisdictions,
especially in China and South Africa. Samsung
o Prepared a report on the antitrust environment in China and provided suggestions on mitigating antitrust risks and utilizing antitrust tools in China.
A Multinational Corporation o Conducted an analysis of bundled/loyalty discounts with respect to a proposed pricing scheme to
minimize client’s exposure to potential litigation concerning abuse of market dominance; prepared report for client.
A Multinational Corporation o Evaluated the potential discriminatory effect of a proposed pricing scheme to minimize client’s
exposure to potential litigation concerning abuse of market dominance; prepared report for client.
A Multinational Corporation o Conducted an analysis and prepared a report on market definition and market shares, in
anticipation of potential litigation regarding allegations of abuse of market dominance.
U.S. Antitrust: Aetna
o Analyzed issues related to class certification and damages; designed counter-examples to rebut Plaintiffs’ claim that common impact existed for all class members.
Chi Mei o Conducted analysis regarding damages resulting from alleged price-fixing; prepared responses to
requests from antitrust agencies in various jurisdictions; managed data collection.
Medco/ESI o Analyzed market definition and the competitive effects of the proposed merger.
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Kronos/API
o Analyzed market definition and the competitive effects of the proposed merger. United Regional Hospital
o Analyzed whether the discount scheme constitutes predatory pricing and leads to antitrust harm.
SGL o Analyzed issues related to class certification and damages; conducted econometric analysis to
rebut the validity of plaintiffs’ model. Intellectual Property:
Oracle v. Google
o Analyzed damages from alleged copyright and patent infringement. Novo Nordisk v. sanofi-aventis
o Analyzed damages from alleged copyright and patent infringement. Commercial Disputes: LoJack
o Analyzed damages resulting from a claimed breach of contract. Transfer Pricing: H&M
o Analyzed the arms’ length value of its Hong Kong division.
简 历
丁亮
合伙人/律师
德恒律师事务所
北京市西城区金融大街 19 号富凯大厦 B 座 12 层 100033
电话 +86 10 5268 2977 | 传真 +86 10 5268 2999
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[email protected] | www.dehenglaw.com
业务领域：
丁律师主要执业领域为反垄断及竞争法、WTO 争端解决及 337 调查。
在反垄断领域，丁律师曾为电信、化工、制药、食品饮料、软件、水泥、机械、电器、金融、零售等行业
的客户提供并购协议、分销协议、商业模式等方面的《反垄断法》合规分析。他曾在多起反垄断诉讼和调
查案中为客户提供法律意见。丁律师曾经为多个跨国公司制定《反垄断法》合规指南、提供反垄断合规审
查及反垄断合规培训。他是 CCH 出版物《中国反垄断法实务指南》的作者之一。
工作经历
丁律师于 2013 年加入德恒律师事务所。在加入德恒律师事务所之前，他曾在金杜律师事务所、美国 Dewey
Ballantine LLP 律师事务所、中国纺织品进出口总公司和美国 International Law Institute 工作。
教育背景
丁律师毕业于中国对外经济贸易大学、美国乔治城大学法律中心，获法学硕士学位。丁亮律师拥有中国律
师资格。
语言：中文、英语
Ding Liang Partner/Attorney at Law
DeHeng Law Offices
12/F, Tower B, Focus Place No.19 Finance Street,
Xicheng District Beijing P.R.China 100033
D +86 10 5268 2977 | F +86 10 5268 2999
M +86 13521668628
[email protected] | www.dehenglaw.com
Areas of Practice
Mr. Ding specializes in Antitrust and Competition Law, WTO dispute settlement, and Section 337 Investigation.
In the area of antitrust and competition, Mr. Ding has advised clients in telecommunications; chemical;
pharmaceutical; food and beverages; software; cement; machinery; electrical appliances; finance; and retail
industries on their M&A agreements, distribution agreements, business models under the Anti-monopoly Law.
He has advised clients on several antitrust litigations and investigations. Mr. Ding has drafted Anti-monopoly
Law Guidelines and conducted antitrust audit, provided antitrust training for multinational companies. He is
coauthor of a CCH book – China Anti-monopoly Law Guide.
Work Experience
Mr. Ding joined DeHeng Law Offices in 2013. Before joining DeHeng, he worked at King & Wood Mallesons,
Dewey Ballantine LLP in DC, China National Textile Import & Export Corp, and the US International Law
Institute.
Education
Mr. Ding received master degrees of law from Georgetown University Law Center and University of
International Business & Economics. Mr. Ding is admitted as a Chinese lawyer.
His working languages are Chinese and English.
GÖTZ DRAUZPartner Antitrust
EXPERIENCE:
Götz Drauz is a partner in Wilson Sonsini Goodrich & Rosati's Brussels office. Hispractice is focused on European Union and German antitrust and competitionlaw, and he has represented companies in some of the most significant merger,conduct, and cartel investigations in Europe. His client base spans a wide rangeof industries, including aviation, consumer products, chemicals, defense, energy,food products, pharmaceuticals, rail transport, software, and telecommunications.Named an "elite" practitioner by Global Competition Review, Götz is recognizedin all the principal directories as a leading EC and German competition attorney.
Prior to entering private practice, Götz served at the European Commission for 25years, most recently as the Deputy Director-General for Competition andpreviously as the head of the Merger Task Force. In these roles, he managed andcoordinated all of the EC's merger control activity for nearly a decade.
Prior to joining Wilson Sonsini Goodrich & Rosati, Götz was an antitrust andcompetition partner in the Brussels offices of Shearman & Sterling and Howrey.
SELECT REPRESENTATIONS:
Represented Glencore in its acquisition of Xstrata before the EuropeanCommission (2012)
Represented Caterpillar in its acquisitions of Bucyrus and MWM before theEuropean Commission (2011)
Represented Nestlé in the sale of its Alcon eye-care business to Novartisbefore the European Commission (2010)
Represented Medco Health Solutions in connection with the creation of ajoint venture with Celesio for health-related services before theBundeskartellamt (2010)
Represented Schering-Plough in its merger with Merck before the EuropeanCommission (2009)
Represented leading mapping data supplier NAVTEQ in its acquisition byNokia (2009)
Represented EDF in its acquisition of British Energy (2008)
Represented Samsung Electronics before the European Commission in avariety of matters, including its settlement of the DRAM cartel inquiry (2007-2010)
Represented Schering-Plough in its acquisition of Akzo's Organon humanand animal health businesses before the European Commission and 12other competition authorities, including Brazil, Canada, Mexico, SouthAfrica, Thailand, South Korea, Japan, Turkey, and the Ukraine (2007)
Contact InformationRue Montoyer 471000 Brussels, Belgium Phone | +32 2 274 57 02Fax | +32 2 274 57 [email protected]
AUSTIN BEIJING BRUSSELS GEORGETOWN, DE HONG KONG LOS ANGELES NEW YORK PALO ALTO SAN DIEGO SAN FRANCISCO SEATTLE SHANGHAI WASHINGTON, DC
Represented Nestlé in its acquisition of the Gerber baby-food business fromNovartis before the European Commission (2007)
Represented Syniverse in its acquisition of BSG Wireless before theEuropean Commission and secured early Phase 2 clearance withoutconditions (2007)
Represented an alliance of seven major European rail operators in the areaof cross-border, high-speed rail transport. Provided strategic advice inrelation to both competition law aspects and transport policy issues at boththe European Union and national levels. (2006-2007)
Successfully represented Qualcomm, the world's leading developer ofwireless communication technology, in connection with the EuropeanCommission's investigation into the alleged abuse of a dominant position inwireless phone and data technology (2005-2009)
EDUCATION:
Second State Exam, Berlin 1974
First State Exam, Freie Universität Berlin Law School, 1970
Studied Law and Economics, Freie Universität Berlin, 1964-1970
ASSOCIATIONS AND MEMBERSHIPS:
Member, Studienvereinigung Kartellrecht
Member, European Competition Lawyers Forum
Member, International Bar Association
HONORS:
Honored with the "Best Business Mergers Article - 2012 Antitrust WritingAward" from the Institute of Competition Law for co-authoring "EU and U.S.Antitrust Authorities Update: Best Practices on Cooperation in MergerInvestigations"
Selected for inclusion in The International Who's Who of CompetitionLawyers & Economists, 2012
Recognized by The International Who's Who of Business Lawyers 2010 asa "most highly regarded individual" (Competition Elite List)
Recognized by Chambers Global as a leader in the field ofCompetition/European Law, 2008-2013
Recognized by Chambers Europe as a leader in the field ofCompetition/European Law, 2013
Recognized by JUVE as an "often recommended practitioner," 2008-2011
SELECT PUBLICATIONS:
Co-author of "Germany" chapter, The Merger Control Review, FourthEdition, Law Business Research, 2013
Co-author with P. McGeown and B. Record, "Recent Developments in EUMerger Control," Journal of European Competition Law & Practice, Vol. 4,No. 2, 2013
Co-author of "EU Competition" chapter, The Mergers & AcquisitionsReview, Sixth Edition, Law Business Research, 2012
Co-author of "Germany" chapter, The Merger Control Review, Third Edition,Law Business Research, 2012
AUSTIN BEIJING BRUSSELS GEORGETOWN, DE HONG KONG LOS ANGELES NEW YORK PALO ALTO SAN DIEGO SAN FRANCISCO SEATTLE SHANGHAI WASHINGTON, DC
"The Pharmaceutical Sector and Competition Law in Europe," New Pharma,March 2012
Co-author with C.W. Jones, EU Competition Law Volume II: Mergers andAcquisitions, Claeys & Casteels, Second Edition, 2011
Co-author with M. König, "The GE/Honeywell Judgment: ConglomerateMergers and Beyond," ZWeR Journal of Competition Law, June 2006
"Remedies Under the Merger Regulation," Mergers & Acquisitions and JointVentures, Fordham Corporate Law Institute, 2004
Co-author with M. Reynolds, EC Merger Control: A Major Reform inProgress, Richmond Law & Tax, 2003
"An Efficiency Defence for Mergers: Putting an Intricate Puzzle Together,"ZWeR Journal of Competition Law, Volume 3, September 2003
"Unbundling GE/Honeywell: The Assessment of Conglomerate MergersUnder EC Competition Law," Fordham International Law Journal, Volume25, April 2002
SELECT SPEAKING ENGAGEMENTS:
Speaker, "The Effects Based Approach under the SIEC-Test – OpenIssues," IBA Conference on Merger Regulation in the EU after 20 Years –Past, Present and Future, Brussels, March 10, 2011
Speaker, "Multinational Merger Developments," Georgetown Law School'sGlobal Antitrust Enforcement Symposium, Washington, D.C., September23, 2008
Speaker, "Draft Guidelines on Non-Horizontal Mergers - Have the Lessonsfrom the European Courts Been Learnt?" IBA 11th Annual CompetitionConference, Fiesole, Italy, September 7, 2007
Speaker, "Competition Issues in Partnering," European Aerospace &Defence Legal Counsel Forum, London, June 26, 2007
Speaker, "Collective Dominance and the Airtours Test," College of Europe'sGlobal Competition Law Center Lunch Talk, Bruges, April 12, 2007
Speaker, "New Evidentiary Hurdles for Merging Parties and GovernmentRegulators," George Mason Law Review Antitrust Symposium on AntitrustIssues in a Global Market, Washington, D.C., September 13, 2006
ADMISSIONS:
Rechtsanwalt, Cologne, Germany
Avocat établi à Bruxelles
European General Court (EGC)
European Court of Justice
AUSTIN BEIJING BRUSSELS GEORGETOWN, DE HONG KONG LOS ANGELES NEW YORK PALO ALTO SAN DIEGO SAN FRANCISCO SEATTLE SHANGHAI WASHINGTON, DC
Sébastien J. Evrard Partner
CONTACT [email protected] Beijing (T) +86.10.5866.1112 (F) +86.10.5866.1122 Brussels (T) +32.2.645.14.11 (F) +32.2.645.14.45 EDUCATION
Columbia University (LL.M. 2003; James Kent Scholar [highest honor] and Walther Gelhorn Prize [valedictorian]; Catholic University Leuven (Licentiaat in de Rechten 1995)
BAR ADMISSIONS Brussels
Sébastien Evrard handles complex antitrust matters in China and the European Union, including merger
control, nonmerger investigations, and litigation. His practice also focuses on the antitrust aspects of
intellectual property rights. His experience spans a wide range of industries including airlines/aviation,
energy/mining, media/entertainment, software/hardware, telecommunications, pharmaceuticals,
transport, and fast moving consumer goods (FMCG).
Sébastien has represented clients before the European Commission; competition authorities in Belgium,
France, Luxembourg, The Netherlands, and the U.K.; and before various other regulatory bodies such as
telecom regulators and/or Consumer Ombudsmen in Belgium, The Netherlands, the Nordic countries,
and the U.K. He also has represented clients before courts in Belgium, France, and Germany. His
representative clients include Abbott, Adobe, American Airlines, Apple, Dell, Entreprise des Postes et
Télécommunications, ICANN, KPN Group, Procter & Gamble, SanDisk, SES ASTRA, and Viacom/MTV.
Sébastien practiced in Brussels and New York before joining Jones Day in 2003. During that time, he
developed experience with all aspects of intellectual property (copyright, trademarks, patents,
databases) and information technology (computer law, computer crime, privacy, and e‐commerce).
He is a coauthor of Anti‐Monopoly Law and Practice (Oxford University Press, 2011), a treatise on
competition law in China. He also has published several articles related to competition, intellectual
property, and information technology law; is a frequent speaker at international conferences; and has
served on the board of the Brussels Young Bar Association.
Mark Feldman
Mark Feldman is Assistant Professor of Law at the Peking University School of
Transnational Law. He previously served as Chief of NAFTA/CAFTA-DR
Arbitration in the Office of the Legal Adviser at the U.S. Department of State. His
government experience also includes service as a law clerk to Judge Eric Clay of
the U.S. Court of Appeals for the Sixth Circuit and as a Peace Corps Volunteer in
Lesotho during South Africa's transition to democracy. In the private sector, he
practiced law for several years at the transnational law firm of Covington &
Burling. He studied at the University of Wisconsin and holds a Juris Doctor degree
from Columbia Law School, where he was a recipient of the Parker School
Certificate in International and Comparative Law. He currently serves as a member
of the IBA Working Group on Rules for Investor-State Mediation and as a member
of the Academic Council of the Institute for Transnational Arbitration. He is a
scholar of investment treaty arbitration.
RENATA B. HESSE Renata B. Hesse is Deputy Assistant Attorney General for Criminal and Civil Operations at the U.S. Department of Justice’s Antitrust Division. From November 16, 2012, until the confirmation of Assistant Attorney General Bill Baer, Ms. Hesse served as Acting Assistant Attorney General for the Antitrust Division. She rejoined the Antitrust Division in March of 2012, having previously been a Staff Attorney in the Merger Task Force and the Transportation, Energy & Agriculture Section and Chief of the Networks & Technology Enforcement Section. Ms. Hesse received the Attorney General’s Distinguished Service Award in 2005. Ms. Hesse most recently served as Senior Counsel to the Chairman for Transactions at the Federal Communications Commission, where she oversaw the Commission’s investigation of AT&T’s proposed acquisition of T‐Mobile. Prior to joining the Commission, Ms. Hesse was a partner in the Washington, DC office of Wilson Sonsini Goodrich & Rosati from 2006 to 2011, where she served as antitrust regulatory and litigation counsel for a wide range of clients, including representation in civil merger and conduct investigations before the U.S. Department of Justice and the Federal Trade Commission, and in private litigation in the federal and state courts, with a particular focus on technology and communications issues. Ms. Hesse has been recognized in Chambers USA: America’s Leading Business Lawyers (2007‐2011), The International Who’s Who of Competition Lawyers & Economists (2009‐2011), and was named a 2010 Washington, DC “Super Lawyer” by Law & Politics magazine. Ms. Hesse received her Bachelor of Arts in Political Science from Wellesley College in 1986 and her Juris Doctor from the University of California, Berkeley in 1990.
Ken Heyer has served since the summer of 2012 as Deputy Director in the Bureau of Economics at the United States Federal Trade Commission. In that capacity he supervises the work of approximately 50 Ph.D economists and provides economic analysis and recommendations to the Agency’s Front Office attorneys and to its Commissioners. Prior to taking this position, Ken served for 29 years as an economist at the Antitrust Division of the United States Department of Justice. Ken has worked on investigations in a variety of industries, covering a wide range of issues implicated by antitrust—from merger analysis, to investigation of monopolization claims, to constructing and implementing appropriate and efficient remedies for competitive problems. In 1999 Ken became the first recipient of the Antitrust Division’s William F. Baxter award for outstanding contributions in the area of economic analysis. He has co-autored articles in the Review of Industrial Organizaton on economic activities at the Antitrust Division, and has published in the Antitrust Law Journal and in Competition Policy International on antitrust enforcement and policy issues.
Hu,Tie
Educational Background
Juris Doctor, Washington University in St. Louis
Juris Master, University of International Business and Economics
B.A., University of International Business and Economics
Practice Experience
Mr. Hu is an expert in Anti-Monopoly Law. He is not only practicing competition
law, but at the same time also is a Post-Doctoral Research Fellow doing research of
Anti-Monopoly Law in Chinese Academy of Social Science, Institute of Law. In
June 2012, he was a co-teacher with a professor from the U.S., of a class of
Comparative Antitrust and Competition Law for three U.S. law schools and
CYUPS. He also serves as Assistant General Secretary of Commission of
Competition Policy and Law, China’s Society for World Trade Organization
Studies, a think tank sponsored by MOFCOM.
He is defense attorney in a probably most influential Anti-Monopoly civil litigation
case so far in China. He is one of Chinese counsels for defendant Chinese vitamin
company being sued in the U.S. Besides, he counseled multinational corporations
in Anti-Monopoly Law compliance program and antitrust filings.
Mr. Hu participated in a research project Definition of Relevant Product Market
and Geographic Market of Important Industries sponsored by Ministry of
Commerce of China (MOFCOM).
In banking law area, his clients include China Development Bank and he has been
engaged in many cross-border projects, from mining development to real estate.
Mr. Hu is experienced in general corporate law as well as merger and acquisition.
He also provided advices for many companies on Intellectual Property Right
issues.
Academic Achievements
Book: Private Enforcement of Anti-Monopoly Law (forthcoming 2012/2013)
Vice Chief Editor of “ Annual Report on Competition Law and policy of China
2011” and “ Annual Report on Competition Law and policy of China 2012”
“Evidence Collection in Chinese Anti-Monopoly Law Litigation Cases”, Book of
Capacity Building for the Enforcement of Competition Law, (June 2012)
“Recent Developments in U.S. Antitrust Policy toward Horizontal Merger”, Hebei
Faxue (September 2011)
“Study on Current Public Enforcement of Anti-Monopoly Law against Collusive
Conducts”, Price Theory and Practice (February 2011)
“Antitrust Law: to Plead or not to Plead”, China Reform (August 2010)
黄勇教授是对外经济贸易大学竞争法中心主任，法学院教授，国务院反垄断委员会专家咨询
组副组长。他专注于研究竞争法，在国内外发表和出版过多篇文章、论文和专著。作为全国
人大法工委、国务院反垄断立法专家，全程参加中国反垄断法的制定和修改。黄勇教授接受
国务院法制办、全国人大法工委、商务部、国家工商总局、司法部、中国欧盟世贸项目以及
亚洲开发银行等政府机构和非政府组织的委托，主持、承担了大量科研课题和研究项目，成
果丰硕。
除教学和研究外，黄勇教授还积极从事各种社会活动，担任过的主要社会职务包括：民建中
央法制委员副主任、民建北京市委常委、民建北京市法治委员会主任、北京市人大代表、北
京市人大常委会财经委员会委员、国家发改委、商务部、国家工商行政管理总局竞争法专家、
国家质检总局法律顾问委员会委员、国家税务总局行政复议委员会专家委员、中国保险监督
管理委员会保险法律事务咨询专家、最高人民检察院民事行政监察咨询顾问、北京市检察院
特邀监督员、中国国际经济贸易仲裁委员会仲裁员、中国法学会经济法研究会常务理事，等
等。
黄勇教授在北京大学获得法学学士学位，在对外经济贸易大学获得法学硕士和法学博士学
位，曾于 1996~1997 年在美国康涅狄格大学法学院担任访问学者。
Dr. and Professor Yong Huang is Director of the Competition Law Centre of the University of
International Business & Economics (UIBE) and a law professor. Currently he is also appointed
Vice Chair of the Expert Advisory Committee under the State Council Anti-Monopoly
Commission.
Professor Huang specialized in competition law. He publishes articles, papers and books on this
subject extensively in Chinese and English. When China began to draft her Anti-Monopoly Law,
Professor Huang advised both the government and the lawmakers throughout the entire process:
he first served as a member of the Advisory Board for the State Council and later an advisory
expert for the Legal Committee of the National People’s Congress, until the law was enacted.
Professor Huang has been entrusted by a variety of Chinese government agencies, legislative
bodies and international organizations to conduct research projects in relation to competition law
issues. These instructions come from: Legislative Affairs Office of the State Council, Ministry of
Commerce, State Administration of Industry and Commerce, National Development and Reform
Commission, Ministry of Justice, National People’s Congress, EU-China Trade Project and Asian
Development Bank, etc.
While fulfilling his academic and professional responsibilities, Professor Huang also contributes to
China’s political and legislative initiatives. He is a member of the China Democratic National
Construction Association (CDNCA), one of the eight democratic parties in the country, and serves
as Deputy Director of CDNCA’s Central Legal Committee. In 2012, Professor Huang was elected to
serve a five-year term in the Beijing Municipal People’s Congress, sitting in the Congress’
Financial and Economic Committee. Moreover，he serves as the Anti-Monopoly Law expert of the
National Development and Reform Commission (NDRC), the Ministry of Commerce (MOFCOM),
the State Administration for Industry & Commerce (SAIC), a commissioner of the legal advisory
committee of General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ),
an expert commissioner of administrative review committee of the State Administration of
Taxation (SAT) and the consultancy expert concerning insurance legal affairs in the China
Insurance Regulatory Commission (CIRC), etc.
Professor Huang received his LL.B. degree from Peking University, his LL.M. and PhD degrees from
the University of International Business & Economics. He was a visiting scholar in the University of
Connecticut School of Law from 1996 to 1997.
君 合 律 師 事 務 所JUN HE LAW OFFICES
China Resources Building, 20th Floor Beijing 100005, P. R. China
Tel.: (86-10) 8519-1300 Fax: (86-10) 8519-1350 E-mail: [email protected]
Janet HUI (Partner) Phone: (86-10) 85191280 E-mail: [email protected] Ms Hui is a partner of Jun He Law Offices and based in the Beijing office. Practice Areas Ms Hui is an antitrust and M&A lawyer, specialized primarily in antitrust and cross border mergers and acquisitions, and practices in foreign direct investment, Chinese outbound investment, overseas listing and general corporate matters. Ms Hui has set up the firm’s antitrust and competition practice group since 2007 and has also been acting as the co-head of the M&A practice group for many years. Professional Experience Ms Hui has more than 20 years experience in providing legal services to clients in different industries, with a focus on advanced technology (telecommunications and media), hotel, education and real estate industries. Ms Hui also has experience in other industries such as banking and finance, insurance, mining and securities. Education Second Chinese Law Degree, Tsing Hua University, Beijing, PRC, 2004. Master of Business Administration, University of Hull, United Kingdom, 1995. Postgraduate Certificate of Laws, University of Hong Kong, 1988. LL.B., University of Hong Kong, 1987. Professional Qualification/Associations Member of the Law Society of Hong Kong. Solicitor and Barrister of New Zealand, 1996. Solicitor of England and Wales, 1994. Solicitor of Hong Kong, 1990. Language Skills Fluent in English, Mandarin, Cantonese and Taiwanese dialects. Recent Publications Co-Author of Important Antitrust Civil Litigation Judicial Interpretation Issued, IFLR
2
Magazine, June 2012 Co-Author of NDRC’s Strengthening its claws in Year of Dragon 2012, ABA International Antitrust Bulletin, March 2012 Co-Author of Getting the Deal Through - Intellectual Property & Antitrust 2012- China Co-Author of First Case of Conditional Clearance in Anti-monopoly Review with PE Involved: MOFCOM Conditionally Cleared Acquisition of Savio Macchine Tessili S.p.A by Penelope S.r.l., 2011-11 Author, Q&A on Articles 13, 14 and 15 of Anti-Monopoly Law of the PRC, China Law and Practice, 2009-9-7
Author, Anti-Monopoly Law－Important Milestone: The First Announced Merger
Control Decision, China Law and Practice, 2008-12 Author, New Anti-Monopoly Law: Intriguing Uncertainties Ahead, ALB, 2008-10-13
Recent Awards & Recognitions Ms. Hui was recognized as one of the Women in Antitrust 2013 in the Global Competition Review Ms. Hui was recognized as one of the Asia’s Best 75 lawyers in the GRM Search 2013 (formerly known as CML Recruitment Asia). Ms. Hui was recognized as one of the leading competition lawyers in China in the International Who’s Who of Competition Lawyers and Economists 2013 Ms. Hui was recognized as one of the “Advisor of the Year" in the WHO'S WHO of Professionals for the 2012-2013 Ms. Hui was recognized as one of the top 75 practitioners in Asia in ALB’s Client Choice Hot 75 Survey in 2012 Ms. Hui was recognized as one of the pre-eminent practitioners with expertise in competition and antitrust in China by Expert Guides in 2012 Ms. Hui was recognized as one of the outstanding practitioners in competition and antitrust in China in the Guide to Leading Practitioners 2012 Ms Hui was recognized as one of the outstanding practitioners in competition and antitrust in China in the Guide to the World’s Leading Women in Business Law – second edition 2012 Ms Hui was recognized as one of the world’s leading competition lawyers in China in The International Who's Who of Competition Lawyers & Economists 2012
3
Ms Hui was recognized as a leading lawyer in competition law by PLC Which Lawyer Ms Hui was listed as one of the leading M&A lawyer in China in 2011 in the Guide to Leading Practitioner: China, published by Euromoney Legal Media Group. Ms Hui was awarded as the 2011 Asialaw Leading Lawyers in Competition and Antitrust in China. Ms Hui was awarded as the winner of the ILO Client Choice - M&A China in 2010. Pro Bono Services Ms Hui has been leading the pro bono services committees in Jun He to provide pro bono services to different non-profitable organizations in China for more than 5 years. The international and local NGOs served by Jun He Law Offices include but not limited to MSF, WWF, The Nature Conservatory, Thompson Reuters Trust Foundation, Naradu
Foundation (南都基金会), Non-profit Partners (NPP/新公益伙伴), One Foundation,
Hui Ling Community Services for People with Learning Disabilities (慧灵智障人士社区服务机构), etc. Ms Hui also organized and participated in various charity fund
raising activities in China and Hong Kong. Academic & Others Ms Hui is a part-time lecturer of University of Hong Kong for Chinese Law in PCLL in 2010 and 2012 and Telecommunication Law in LLM in 2003. Ms Hui is a regular speaker on M&A and Anti-Monopoly Law of the PRC in many international events and seminars, including International Bar Association, American Bar Association, Asia Regional Meeting, Asia Multilateral Training Sessions, etc.
James H. Jeffs Competition Counsel Greater Asia Region
Intel Semiconductor (US) Ltd.
James H. Jeffs graduated from Brigham Young University in 1980 with a
Bachelor of Arts degree in Chinese language and Asian Studies. He graduated in 1984, also from BYU, with an MBA (Master of Business Administration) and JD (Juris Doctorate). He then worked for The Dow Chemical Company in the US for 16 years in a variety of legal positions, mostly focused on antitrust, commercial, corporate governance and finance work. In 2000 Jim moved to Hong Kong to work for Intel and initially led a team of attorneys who provide legal support for the Sales and Marketing Group within Intel in the Asia Pacific region. Currently, Jim focuses on Competition law and Privacy Law issues in the Greater Asia Region.
Page 1 .
Mark Jephcott Partner, Head of Competition, Asia
Competition, Hong Kong
Telephone +852 2101 4027 Email [email protected]
Experience
Mark has extensive experience in all aspects of EU and UK competition law and of the competition law regimes of many jurisdictions in Asia (in particular Greater China).
In addition to having many years' experience of working in private practice, Mark has also worked for both the UK Competition Appeal Tribunal (the dedicated appeal court for decisions taken by the UK's competition authorities) and the European Commission's Directorate-General for Competition.
Mark has acted on a range of antitrust investigations and major multi-jurisdictional mergers, including many requiring clearance from the Chinese authorities. Mark has particular experience in advising clients in the energy, consumer goods/retail, and defence sectors.
Mark was educated at Cambridge University (Trinity College), where he achieved the highest First Class in the European Community law paper. He also gained his Masters Degree in European Community Law at the Université Libre de Bruxelles.
Publications
Mark has co-authored the Hong Kong Chapter of Global Legal Insights on Cartels 1st Edition, and the PLC competition law guides to Hong Kong Competition Law and Hong Kong Cartel Leniency
Mark has recently published an Asia-Pacific Multi-jurisdictional Competition Law Guide together with several articles on the Asian competition regimes and Chinese merger control and antitrust regimes and the extra-territorial application of the EU Merger Regulation in relation to Chinese companies
Mark is also the author of several books: Law of Cartels – of which the second edition was published in July 2011 - and Horizontal Agreements and EU Competition Law, 2004
PROFILE
Name: Hao Jin (金浩)
Sex: Male
Nationality: Chinese
Languages: Native Mandarin and fluent English
Contact: [email protected]; +86 139 1042 1823
Professional
Qualifications
Admitted to the New York State Bar (passed bar exam in 2008)
Admitted to the Bar of the People’s Republic of China
2010
1999
Education UNIVERSITY OF PENNSYLVANIA LAW SCHOOL, Philadelphia, Pennsylvania, USA
LL.M
2008
FUDAN UNIVERSITY LAW SCHOOL, Shanghai, China
LL.M in International Business Law
2004
PEKING UNIVERSITY LAW SCHOOL, Beijing, China
LL.B in PRC Civil and Business law
1998
Experience JINSHENG GROUP, Jintan, China
Vice President, Head of Legal
CLIFFORD CHANCE LLP, Shanghai and Beijing, China
Counsel
Mar 2013 – Present
May 2004 – Jul 2007
and
Aug 2008 – Mar 2013
FRESHFIELDS BRUCKHAUS DERINGER, Shanghai and Hong Kong, China
Legal Assistant/Associate
Freshfields Prize National Winner (2001)
Oct 2003 – May 2004
and
Sep 2002 – Apr 2003
YUAN & PARTNERS, Tianjin and Shanghai, China
PRC Licensed Lawyer
Aug 1998 – Aug 2001
Michael Kendall
Michael Kendall is the head of McDermott Will & Emery LLP's White-Collar &
Securities Defense Practice Group and is based in the Firm’s Boston office. He
represents clients in criminal and civil regulatory matters and business
litigation. A significant part of his practice involves representing health care
companies and representing clients in cross-border disputes. Mike has successfully
tried to verdict numerous cases in federal and state courts and before arbitration
panels, including cases involving patents, joint venture disputes, private equity
investments, trust and fiduciary issues, criminal charges and health care
reimbursement. He has also handled many appeals. He is ranked by Chambers USA, The Legal 500 United States and Lawdragon.
From 1989 to 1996, Mike served as an Assistant United States Attorney in the
District of Massachusetts. In 1992, he was the Deputy Associate Attorney General
and Counselor in the United States Department of Justice, and worked closely with
the Antitrust and Tax Divisions.
In 1984, Mike served as a law clerk in a human rights law firm in South
Africa. Before he began practicing law, he worked as a foreign correspondent in
Asia, Africa and the Middle East.
He has handled the following matters:
False Claims Act and FDA Matters
Defended pharmaceutical manufacturer in nine qui tam cases and federal-
state investigations of off-label promotion, overfill, kickbacks and pricing
Retained by audit committee of public company to investigate Medicare
billing and represent company in DOJ, SEC and NYAG inquiries
Represented device company in internal investigation of enrollment and
disclosure issues in clinical trials
Represented Director of Regulatory Affairs in six-year investigation of
device manufacturer for off-label sales
International White-Collar Matters
Conducted investigation and advised company on FCPA issues in South and
East Asia and Latin America
Conducted FCPA investigation in South Asia for global company
Represented Fortune 60 company in FCPA matter in Middle East
Represented hedge fund and its founder in Czech extortion prosecution
Antitrust and Cartel Matters
Represented foreign company in auto parts cartel investigation
Represented Stolt-Nielsen employees in criminal antitrust investigation
Represented employees in criminal antitrust investigation of construction
equipment manufacturers
Represented plaintiffs on antitrust issues in Amgen Inc. v. F. Hoffman LaRoche Ltd. (D. Mass.); Walker Process issues severed and dismissed
Civil Litigation
Represented defendants in Genzyme Corporation v. Seikagaku Corporation,
Zimmer Holdings, Inc. (D. Mass.); two-week trial over biotech patent; jury
found no infringement and invalidated plaintiff’s patent
Defended fiduciaries Shelton v. Tamposi, in six-week trial in New
Hampshire over administration of family trusts and business; verdict in favor
of clients on all issues; plaintiffs ordered to pay legal fees and removed as
trustee and beneficiary; affirmed on appeal, 164 N.H. 490 (2013)
Represented Fresenius Medical Care on merger and acquisition dispute with
National Century Financial Enterprises; uncovered $1.9 billion Ponzi
scheme that forced NCFE into bankruptcy and led to convictions of 10 of its
officers and directors
Class Action Defense
Represented managed care company in nationwide settlement of all Ingenix
and PPO claims for injunctive relief with no payment to class
Defended managed care company in eight class actions in state and federal
courts over physician reimbursement, including use of PPOs and claims
databases; class certification denied; venues in Florida, Illinois, Louisiana,
Massachusetts and Pennsylvania
Defended PPO network in class action brought by providers over discounts;
class certification denied; venue in S.D. Ill.
Defended health care company in ERISA class action over use of database
to adjust bills; case dismissed; venue in D.N.J.
Represented defendant in Derbaremdiker v. Applebee’s International, Inc.,
No. 12-cv-01058, 2012 WL 4482057 (E.D.N.Y. Sept. 26, 2012), aff’d No.
12-4183-cv, 2013 WL 2158396 (2d Cir. May 21, 2013). (District Court
dismissed class action complaint and Second Circuit affirmed)
SEC Defense
Defended Deputy General Counsel in SEC and DOJ investigation of revenue
reporting; case dropped after Wells submission; 10 other executives were
criminally convicted
Represented General Counsel in SEC investigation of options backdating
International and Domestic Arbitration
Defended major diagnostics company in arbitration before London Court of
International Arbitration in licensing dispute with Spanish distributor; two-
week hearing; decision confidential
Defended Turkish entrepreneur in arbitration before London International
Chamber of Commerce in dispute with U.S. private equity fund; two-week
hearing; decision confidential
Defended health care company in AAA arbitration over liability to private
payors arising from $345 million settlement of Medicare fraud claims; class
certification denied and case dismissed without payment to plaintiff
Represented health care companies in AAA and unaffiliated arbitrations
Education
Harvard Law School, J.D., 1984
John F. Kennedy School of Government, M.P.P., 1984
Harvard College, A.B., magna cum laude, 1979
Donald C. Klawiter
Mr. Klawiter is a partner in the Antitrust and Trade Regulation Practice Group in
the firm's Washington, D.C. office and leads the firm's East Coast Antitrust
Practice.
Areas of Practice
Mr. Klawiter’s practice focuses on antitrust investigations and litigation - criminal
and civil - with special emphasis on international cartel matters. He has defended
corporations and executives from six continents in grand jury investigations and
prosecutions, including international cartel investigations in the food and feed
additives, vitamins, graphite electrode, chemicals, pharmaceuticals, computer
products, construction, glass, automotive parts, transportation, plastics and
brokerage industries, and has served as international coordinating counsel in many
multijurisdictional proceedings. He also has led internal corporate crisis
investigation teams in assessing antitrust risk, advising corporate boards and audit
committees, and formulating plans to resolve any issues consistent with corporate
governance requirements.
Mr. Klawiter has an impressive record of persuading the Department of Justice to
decline prosecution of corporate and individual targets of investigations and of
seeking and obtaining leniency for corporate clients in the United States and
elsewhere.
Mr. Klawiter has trial experience as both a prosecutor and defense counsel in civil,
criminal and merger cases. He has served in several senior supervisory and
litigation positions with the Antitrust Division of the US Department of Justice,
including Chief of the Dallas Field Office and Special Assistant to the Director of
Operations of the Antitrust Division in Washington, DC. He was also the principal
author of the first Antitrust Division Manual.
In 2005 - 2006, Mr. Klawiter had the honor to serve as Chair of the American Bar
Association’s Section of Antitrust Law which, at almost 9,000 members, is the
largest association of antitrust lawyers in the world. He previously served as Chair-
Elect (2004-05), Vice Chair (2003-04), Program Officer (2001-03), Secretary
(2000-01) and as Chair of its Criminal Practice and Procedure Committee (1995-
97). For many years, he served as Co-Chair of the Section’s International Cartel
Task Force.
Most recently, Mr. Klawiter served as Co-Chair of the American Bar Association
Section of Antitrust Law's Presidential Transition Report Task Force. The purpose
of the report is to brief the Obama Administration on the state of antitrust law and
to recommend areas of focus for the Department of Justice and the Federal Trade
Commission. The Section presented the Report to the Obama Administration in
February 2013.
Mr. Klawiter has been a regular speaker at, and organizer of, antitrust programs in
the United States, Canada, England, France, Germany, Belgium, Italy,
Switzerland, Austria, the Czech Republic, Russia, Turkey, Japan, Korea, China,
Australia and South Africa. He was the organizer, program co-chair, and speaker at
the ABA Section of Antitrust Law’s International Cartel Workshops, which have
been held nine times between 1997 and 2012. He has testified before the
International Competition Policy Advisory Committee (ICPAC) on International
Cartel Investigations (November 1998), twice before the U.S. Sentencing
Commission (2005) and before the U.S. Senate Committee on the Judiciary (2006).
He is the author of many articles and papers on topics ranging from defense
strategy in cartel cases to leniency to antitrust civil remedies.
Mr. Klawiter has been chosen as one of Chambers USA’s "Leading Lawyers" in
antitrust every year since 2003. Among the comments that Chambers received
from clients and peers are that he is "a legend in the area of criminal and cartel
investigation work," (Chambers 2008), that his "recent tenure as chair of the
ABA’s antitrust section has consolidated his reputation as ‘a household name’ and,
according to market sources, broadened his profile considerably. Few can match
him as a ‘razor sharp’ expert on cartel investigations," (Chambers 2007), and "[h]e
is especially highly spoken of by clients, who appreciate working with a highly
empathetic lawyer who understands their businesses, and 'has a tremendous ability
to analyze the facts and the case very well,'" (Chambers 2012). He also has been
recognized annually as one of the "Best Lawyers in America," "Super
Lawyers," Legal 500 and "Who’s Who of International Competition Lawyers." He
was selected as Best Lawyers 2013 Lawyer of the Year for Antitrust Litigation in
Washington, D.C.
Education
J.D., University of Pennsylvania Law School, 1975
M.A., University of Pennsylvania, 1972
B.A., University of Pennsylvania, 1972
Admissions
District of Columbia, 1987
US District Court for the District of Columbia, 1987
US Supreme Court, 1979
Pennsylvania, 1975
US Courts of Appeals for the Third, Fourth, Eighth and Ninth Circuits
YASUE (BECKY) NAO KOBLITZSpecial Counsel
Beijing15F, China World Office 1No. 1 Jian Guo Men Wai Avenue, Chaoyang DistrictBeijing, China 100004
Tel: 86.10.5706.7512Fax: [email protected]
PRACTICE AREASCorporateAntitrust and TradeRegulation
OVERVIEW
Yasue (Becky) Nao Koblitz is a special counsel in the Corporate Practice Group in thefirm's Beijing office.
Areas of Practice
Ms. Koblitz's 30-plus years of legal experience spans three continents and broadareas of expertise. She was born and raised in Tokyo, Japan and attended StanfordUniversity and American University Law School in the United States. Ms. Koblitzbegan her legal career with the U.S. Department of Justice's Antitrust Division,prosecuting retail gasoline price-fixing cases, from grand jury to trials as well asreviewing merger filings in the energy sector. She moved on to corporate law inBerlin, Germany, where she spent much of the last decade practicing real estate,finance and corporate law. Ms. Koblitz returned to her "antitrust roots" in Beijingwhere she manages and develops the antitrust, competition law and white-collarpractices for Sheppard Mullin.
EDUCATION
J.D., American University Law School, 1981, cum laudeM.A., Stanford University, 1976, with distinction and honorsB.A., Stanford University, 1976, with distinction and honors
ADMISSIONS
Washington, D.C.
LANGUAGES German
Japanese
EXPERIENCE PRC Anti-Monopoly Law: advises non-Chinese companies on antitrust complianceand merger control
U.S. Antitrust: advises Chinese companies as well as government agencies on U.S.antitrust issues as they relate to Chinese Anti-Monopoly Law, white-collarinvestigations and merger control
Foreign Corrupt Practices Act and PRC Anti-bribery regulations: advises Chineseand non-Chinese companies on white-collar investigations
Asset-backed securitization for corporations involved in auto leasing, health care,and other sectors
Non-performing loan bidding process for 6-billion Euro bank deal
Legal, corporate and financing matters on the EUR 750 million Sony Center, aproject for 8 buildings on Potsdamer Platz in the heart of Berlin and involvingJapanese, U.S. and European investors
ARTICLES A New Chinese Policy Could Create Antitrust Issues, Law360, September 12, 2012
MOFCOM's 'Fusion' Approach To Chinese Merger Control, Law360, April 30, 2012
China's Anti-Monopoly Law: What to Expect in 2012, Law360, March 9, 2012
Antitrust Law and China Law Blog Articles "MOFCOM Requests Public Comments on Draft Provisions Related to RemediesImposed in Conditional Approvals," April 2, 2013
"Anti-Competitive Conduct in China: A Dialogue with NDRC and SAIC Officials onEnforcement Under China's Anti-Monopoly Law," September 19, 2012
"Is China Giving Carte Blanche for Anti-Competitive Conduct by PRC CompaniesDoing Business Overseas?" July 26, 2012
"China's MOFCOM Grapples With Open Source Issues In Google-Motorola Deal,"June 1, 2012
"MOFCOM's "Fusion" Approach to Chinese Merger Control," April 19, 2012
"China Corruption & White Collar Crimes Watch: China Strengthens SupervisionOver Civil Servants," March 7, 2012
SPEECHES Speaker, China Institute of International Antitrust and Investment, First AnnualSymposium (2013)
Speaker, In-House Counsel Forum, FCPA Compliance Roundtable, Shanghai (2013)
Moderator and organizer, A Dialogue with NDRC and SAIC Officials on Enforcementunder China's Anti-Monopoly Law, AmCham antitrust event (2012)
Speaker, LexisNexis FCPA Compliance Conference, Shanghai (2012)
Moderator, Panel on Global Antitrust Cartel Enforcement, National Asian PacificAmerican Bar Associaton (NAPABA) annual convention (2012)
Speaker, Panel on Antitrust in Relation to China, NAPABA annual convention (2011)
Speaker, Panel on Foreign Corrupt Practices Act in Relation to China, NAPABAannual convention (2010)
YASUE (BECKY) NAO KOBLITZ
2.20. William E. Kovacic
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William E. Kovacic is the Global Competition Professor of Law and Policy at the George
Washington University Law School, where he joined the faculty in 1999. At George Washington,
he has taught courses in competition law, contracts, government procurement, and comparative
government procurement law. He serves as Director of George Washington's Competition Law
Center. He also is a Non-Executive Director of the Competition and Markets Authority in the
United Kingdom.
From January 2006 until October 2011, Kovacic was a member of the U.S. Federal Trade
Commission and served as its Chairman from March 2008 to March 2009. From 2009 to 2}ll,he
was the Vice-Chair for Outreach for the International Competition Network. From 2001 through
2004,hewas the FTC's General Counsel. He was a member of the faculty of the George Mason
University School of Law from 1986 through 1998. From 1983 to 1986, he was an associate
with the law firm of Bryan Cave in Washington, D.C. From 1979 to 1983, he was an attomey
with the Bureau of Competition of the FTC and an attorney advisor to Commissioner George W.
Douglas. From 1978 to 1979, he was a law clerk to Roszel C. Thomson, United States District
Judge for the District of Maryland.
Jon Lawrence
Practice Areas: Commercial and international litigation and regulatory
investigations, with particular emphasis on EU and antitrust law and banking and
financial services.
Professional Memberships: Qualified in England & Wales, and Hong Kong.
Career: Jon heads Freshfields' competition litigation team and co-leads its cartel
skills group. He is one of the two solicitor representatives on the Competition
Appeal Tribunal’s User Group. He became a partner with the firm in 1993.
Personal: Educated at Downing College, Cambridge.
Gregory K. Leonard
Gregory K. Leonard is an economist and partner at Edgeworth Economics specializing in applied microeconomics
and econometrics.
Dr. Leonard has published research in the areas of antitrust, industrial organization, econometrics, intellectual
property, class certification, and labor economics. His papers have appeared in journals such as the RAND Journal
of Economics, the Journal of Industrial Economics, the Journal of Econometrics, the International Journal of
Industrial Organization, and the Antitrust Law Journal, among others. One of Dr. Leonard’s works was cited by the
Court of Appeals for the Federal Circuit in its Uniloc decision. Dr. Leonard is a Senior Editor of the Antitrust Law
Journal and has served as a referee for numerous economics journals.
Dr. Leonard has been invited to speak on antitrust and intellectual property issues by the Federal Trade
Commission and the Department of Justice and served as a consultant to and testified before the Antitrust
Modernization Commission on the issue of antitrust exemptions and immunities.
Dr. Leonard also has extensive experience with antitrust and intellectual property in the international arena. He
has given invited presentations at the Anti-Monopoly Bureau of China’s Ministry of Commerce (MOFCOM), the
Supreme People’s Court of China, Renmin University, the Chinese Academy of Social Sciences, and the University
of Political Science and Law. He was a member of ABA and US Chamber of Commerce delegations to joint
workshops with the Chinese antitrust agencies and served on ABA working groups that prepared comments on the
Chinese agencies’ draft regulations. Dr. Leonard has also given presentations to the Japan Fair Trade Commission
and the India Competition Commission.
Dr. Leonard has provided testimony before US federal and state courts, government agencies, and arbitration
panels on issues involving antitrust, damages estimation, statistics and econometrics, surveys, valuation, and labor
market discrimination in a broad range of industries such as mobile communications, computer hardware and
software, medical devices, pharmaceuticals, and consumer products.
Dr. Leonard received an ScB in Applied Mathematics-Economics from Brown University and a PhD in Economics
from the Massachusetts Institute of Technology, where he was a National Science Foundation Graduate Fellow and
an Alfred P. Sloan Foundation Fellow.
Li Bo
Broad & Bright
After receiving a Juris Master degree from Renmin University School of Law, Mr.
Li Bo joined Broad & Bright Law Firm in October, 2005. He has nearly 8 years’
practicing experience as a lawyer admitted in China.
As a senior associate in the firm’s competition and international trade group, Mr.
Li Bo’s practice cover competition law, international trade matters, foreign
investment and M&A. His recent focus includes advising international clients in
antitrust filings in China and antitrust compliance matters under the AML. Mr.
Li’s particular experience in merger control review and competition law
compliance bring him a special advantage in advising clients in China as a part of
the global filings in large cross-boarder transactions.
So far, Mr. Li has, with the firm’s competition team, represented over 80 antitrust
filings in China, representative clients include Siemens, MediaTech, Shell, UTC,
GE, Kraft Food, Acer, Oracle, UTC, Shell, Seagate, KKR, International Paper and
etc.
Frank LI
Frank Li is Policy Counsel in GE, specializing in China Competition Law. He advises on competition
law and policy issues in China. Prior to joining GE, Frank was Deputy Director of Law Division of
Antimonopoly Bureau of Ministry of Commerce (MOFCOM). In that role, he focused on merger
review, coordinating and communicating with central and local government agencies on
competition issues and substantially involving in the rule making process of the Bureau. In the
duration of February 2011 to September 2011, Frank worked in the US Federal Trade Commission
as international fellow to handle and review merger cases. Frank also worked as attorney-at-law
at his early career stage.
Frank holds a bachelor degree in Law from Law School of Shanxi Finance & Economics University
and Ph.D. and Master degrees in Competition Law from Law School of University of International
Business & Economics.
李志强
李志强是通用电气（中国）公司的反垄断政策顾问，就中国反垄断法和竞争政策为公司提出
政策咨询和建议。加入通用电气之前，供职于商务部反垄断局，负责经营者集中的案件审查，
并参与了部分政策和规章的制订。2011 年 2 月至 9 月，李志强作为国际交流职员在美国联
邦贸易委员会竞争局工作，负责合并案件审查。职业早期李志强是中国的一名执业律师。
李志强毕业于山西财经大学法学院，获学士学位。此后在对外经济贸易大学的竞争法专业获
得硕士和博士学位。
李青 李青女士是国家发展和改革委员会价格监督检查与反垄断局副
局长，目前分管反垄断调查一处、竞争政策与国际合作处，负责指导全国的反价格垄断执法工作。在目前的工作岗位上，李青同志积极推动反价格垄断配套规章的立法工作，指导并亲自参与查处了多起影响重大的价格垄断案件，组织在反价格垄断领域开展的国际合作，与国外反价格垄断执法机构建立了密切联系，推动全国反价格垄断工作不断深入。
李青同志1985年于中国人民大学获得经济学学士学位，1988年在中国人民大学获得经济学硕士学位。
Li Qing Ms. Li Qing is Deputy Director General of the Price Supervision and Inspection and Anti-monopoly Bureau under the National Development and Reform Commission. At present, she is responsible for No. 1 Division of Anti-price Monopoly Enforcement, Competition Policy and International Cooperation Division, as well as guiding the anti-price monopoly enforcement nationwide. In the post of duty, Ms. Li Qing actively promotes the legislation of supporting regulations for anti-price monopoly enforcement, guides and participates in several price monopoly cases that have widely influence. She organizes international cooperation in the field of anti-price monopoly, establishes close connections with the anti-price monopoly enforcement agencies abroad, and pushes forward the development of the anti-price monopoly nationwide.
Ms. Li Qing earned her B.A. Degree of Economics from Renmin University of China in 1985, and Master Degree of Economics in 1988.
Yongjie Li is a director in Department of Treaty and Law, Ministry of Commerce. From late 2001 to late 2011, she worked in an office in Mofcom responsible for World Trade Organization Dispute Settlement. From late 2011, she works in an office in Mofcom focusing on legal affairs relating to overseas investment and economic cooperation. She holds a BA from Beijing Foreign Studies University, a master degree from the Law School of University of International Business and Economics in Beijing, a LLM from Washington College of Law, American University.
Bio Link: http://www.chenandco.com/en/attorneys_detail.asp?id=20
Lin Zhong Senior Partner
: +8610 58794371 ext. 804
: [email protected] General Background
Dr. Lin is a partner of Chen & Co. He joined the firm in 2006 and now heads its
international practice, and oversees all antitrust work. Dr. Lin is fluent in Mandarin
Chinese and English.
Prior to joining Chen & Co., Dr. Lin was a partner in two other prominent Chinese
law firms, a manager KPMG Legal’s international headquarters in Paris, and a
lecturer of law at Xiamen University.
Dr. Lin was admitted to the Chinese bar in 1996. He received an LL.B. from
Peking University in 1990, and an LL.M and PhD from Xiamen University in 1993
and 1996, respectively.
General Experience
Dr. Lin specializes in the areas of international commercial law with a focus on
foreign direct investment and cross-border M&A, dispute resolution, antitrust, and
taxation.
He is the head of the Committee of International Investment and
Antitrust, Shanghai Bar Association, and the author of numerous works on
international economic law and dispute resolution. He is also a guest professor at
the Xiamen University Law School.
卢延纯副巡视员简历
卢延纯先生现任国家发展和改革委员会价格监督检查
与反垄断局副巡视员，长期从事价格行政执法工作。1989
年毕业于南开大学经济系，先后在国家物价局、国家计委、
国家发展改革委从事价格监督检查工作。从 2012 年起分管
商品和制造业、农业领域的反价格垄断工作，组织查办过三
星、LG 等企业液晶面板案、茅台五粮液案、部分企业乳粉
案等重大违反竞争政策的价格垄断案件。
Yanchun LU
Mr. Yanchun LU is the deputy director general of the Price Supervision and Inspection and Anti-monopoly Bureau under the National Development and Reform Commission. He is long engaged in the work of price administrative enforcement. In 1989, Mr. LU graduated from Nankai University, and then successively served in the State Bureau of Commodity Price, the State Development Planning Commission, and the National Development and Reform Commission for price supervision and inspection. Since 2012, he is in charge of price anti-monopoly in the field of goods, manufacture and agriculture. He organized investigations on LCD panel case involving companies like Samsung and LG, Liquor case involving Maotai and Wuliangye, and Milk powder case involving some companies that severely violated the competition policy for price monopoly.
CV Cecilio Madero Villarejo Cecilio Madero Villarejo studied law at the Complutense University in Madrid. After working for 5 years at Banco Bilbao (BB) in Spain, he joined the European Commission (DG Competition) in 1987. As a case-handler, he dealt with the adjustment of state monopolies and the internal energy market. In 1995, he was appointed Head of Unit dealing with State aid in the textile, papers, chemical, pharmaceutical, electronic industry, mechanical engineering and other manufacturing sectors. Between 1999 and 2006, he was Head of Unit in charge of Information Industries, Internet and Consumer Electronics. In October 2006, he was appointed Director for Services, followed by his appointment as Director for Information, Communication and Media of DG Competition in August 2007. In November 2010, he became Acting Deputy Director General for Mergers and Antitrust. In May 2011, he was appointed Deputy Director General for Antitrust and Cartels of DG Competition. His experience with the Commission spans 26 years during which his career has been heavily focused on European competition policy.
MuneshMahtaniBiographyMuneshMahtaniisaSeniorCompetitionCounselatGoogle,basedinLondon,withresponsibilityprincipallyforEurope,IndiaandChina.AtGoogle,Muneshhasmanagedawiderangeofcompetitionissuesfacingthecompany,includingintheongoingEUArticle102investigation,inGoogle’sacquisitionofMotorolaandinantitrustinvestigationsandlitigationacrossEuropeandAsia.MuneshstartedhiscareeratCliffordChanceinLondonandpriortojoiningGoogle,Muneshwasanin‐housecounselatBritishSkyBroadcasting.MuneshhaswrittenonaspectsofEUandUKcompetitionlaw,includingcontributingchapterstotheTheLawofCartels,andisaregularspeakeratconferencesandseminars.
Paul Marquardt
Paul Marquardt is a partner based in the Washington, D.C. office.
Mr. Marquardt’s practice covers a broad range of cross-border transactional
matters, including private equity investments, mergers and acquisitions, and joint
ventures. He regularly represents both private equity funds and corporate clients,
particularly in the financial sector, and provides ongoing corporate advice to
portfolio and joint venture companies following acquisitions.
Mr. Marquardt has extensive experience in foreign investment review, economic
sanctions, and anticorruption issues arising in cross-border transactions. He
regularly advises sophisticated international clients regarding the application of
U.S. sanctions legislation, including sanctions administered by the Office of
Foreign Assets Control (OFAC) and the U.S. Department of State, as well as
export control matters. Mr. Marquardt is a specialist in reviews by the Committee
on Foreign Investment in the United States (CFIUS) and has represented clients in
a number of high-profile matters. He also has wide-ranging diligence and
compliance experience in anticorruption matters under the Foreign Corrupt
Practices Act and UK Bribery Act, as well as experience in related complex
corporate governance questions and internal investigations.
Selected M&A transactions include advising Ajinomoto in its formation of a global
joint venture with Cargill to produce an artificial sweetener; Bank of America in
resolution planning and internal restructuring; SWIFT in the formation of a joint
venture with DTCC to issue legal entity identifier (LEI) numbers; OneWest Bank
in its FDIC-assisted acquisitions of assets of La Jolla Bank, First Federal Bank of
California, and IndyMac Bank and the formation of a debit card joint venture with
Magic Johnson Enterprises; Nortel Networks in the sale of its intellectual property
portfolio, its Multi Service Switch business, and its interest in Blade Technologies;
VeriSign in the sale of its security consulting business to AT&T, its managed
security services business to Secureworks, and its communications business to
Transaction Network Services; TPG Capital in its acquisition of Vertafore; and
BBVA Compass in its FDIC-assisted acquisition of assets of Guaranty Bank.
Recent CFIUS matters include Parpública’s sale of a stake in Energias de Portugal
to China Three Gorges; Nortel’s disposition of its GSM and CDMA equipment
businesses; BHP Billiton’s bid for Potash Corporation of Saskatchewan; TCI’s
proxy contest for representation on the board of CSX; and Dow Chemical’s
proposed joint venture with Petrochemical Industries Company of Kuwait.
Mr. Marquardt also has experience in public and private international law and has
represented a number of governments and international organizations in
negotiations of international agreements.
Mr. Marquardt is recognized as a leading corporate/M&A and private equity
lawyer and a CFIUS expert by Chambers USA.
Mr. Marquardt joined the firm in 1995 and was elected partner in 2003. From 1998
to 2002, he was resident in the Brussels office. He received a J.D. and an M.A. in
international relations from Yale University in 1994, where he was Book Reviews
Editor of the Yale Law Journal, and an undergraduate degree, with highest
distinction, from the University of Michigan in 1990. From 1994 to 1995, he
served as law clerk to the Honorable James B. Loken of the United States Court of
Appeals for the Eighth Circuit.
Mr. Marquardt is a member of the District of Columbia Bar and the State Bar of
Michigan. He is also a member of the American Bar Association and the American
Society of International Law.
Glenn Mitchell Senior Vice President Pasadena, CA
Practice Areas: Antitrust & Competition,Securities & Financial
Markets,Valuation & Financial Analysis,Class
Certification,Energy,Damages,Regulatory Investigations,Intellectual
Property,Transportation,Pharmaceuticals,Entertainment & Media,Sports,Public
Policy
Dr. Glenn Mitchell has over a decade of international experience in the application
of microeconomics and statistics to the analysis of competition, regulation and
transfer pricing. His work relating to the regulatory review of mergers and joint
ventures has included presenting analysis to the United States Department of
Justice and the Federal Trade Commission, the European Commission Directorate
General of Competition, and the China Ministry of Finance and Commerce Anti-
Monopoly Bureau. He has conducted analysis relating to allegations of price-
fixing, coordinated behavior, monopolization, vertical restraints, tying, exclusive
dealing, and predatory pricing, for firms and regulatory agencies in the United
States, Europe and Asia. Dr. Mitchell has conducted transfer pricing studies of
worldwide transactions under review by tax authorities in the United States and in
Australia. He has also provided testimony in the United States for regulatory
review of environmental and transportation matters, and for civil action relating to
allegations of securities fraud, and he has calculated lost profits and reasonable
royalties related to allegations of patent infringement. Much of his work has
involved industries related to computers (such as computer hardware, integrated
circuit design and testing, software, and internet search), consumer products (and
supermarkets), and heavy industry (such as petroleum refining and market, wind
turbine manufacturing, and chemicals), along with transportation and distribution,
biotechnology and medicine, restaurants, fisheries, and professional sports.
Dr. Mitchell holds a Ph.D. and an M.A. in Economics from the University of
California at Santa Barbara, where he received a Jacob Javitz Fellowship from the
Department of Education, and a Transportation Economics Award from the
Western States Coal Association. He has also taught Economics as an Adjunct
Professor at the University of Southern California Marshall School of Business.
Janusz A. Ordover
Janusz A. Ordover is a Professor of Economics and a former Director of the
Masters in Economics Program at New York University. He served as the Deputy
Assistant Attorney General for Economics in the Antitrust Division of the U.S.
Department of Justice under President George H. W. Bush. While at the Antitrust
Division, Professor Ordover served on the White House de-regulation task force,
guided economic analyses of antitrust enforcement and acted as a liaison between
the Justice Department and various regulatory agencies. At the Division, he was
one of the main drafters of the 1992 Horizontal Merger Guidelines. Professor
Ordover served as an advisor to the Organization for Economic Cooperation and
Development (OECD) in Paris, the World Bank, and the Inter-American Bank for
Development on matters of privatization, regulation, international trade policy, and
competition policy. He has advised the governments of Poland, Czech Republic,
Russia, Hungary, Argentina, and others on regulation and competition matters, as
well as on privatization strategies.
He has published many articles in economics and law journals on various antitrust
issues, including predation, access to bottleneck facilities, vertical integration, as
well as overlap between intellectual property rights and competition policy. He is a
frequent lecturer on antitrust policy in the U.S. and abroad.
Professor Ordover has acted as a consultant to the Department of Justice, Federal
Trade Commission, State Attorneys General, as well as corporations and law firms
in the United States, Australia, New Zealand, South Africa, Poland, and Hong
Kong. Some of his more recent private clients include US Airlines, Yahoo!, IBM,
Oracle, Rio Tinto, Peabody Coal, Northwest Airlines, Carnival Cruise Lines,
United Technologies, Hewlett Packard, AT&T, Exxon/Mobil, American Electric
Power, Barnes and Noble, American Express, NASDAQ, Comcast, numerous
movie studios and recording companies, various airlines, and divisions of Tyco. He
was an expert witness in several important class certification matters including
Allied Orthopedic Appliances v. Tyco Health Group, In re Hydrogen Peroxide; and
Rodney v. Northwest Airlines.
Professor Ordover has been voted “The Economist of the Year, 2010” in the poll
organized by the Global Competition Review.
Ordover is a nonemployee Affiliate who may pursue commercial engagements
outside Compass Lexecon.
Sharon Pang
Education
PhD, Economics, University of California-Los Angeles
MA, Economics, University of California-Los Angeles
BA, Economics, Pacific Lutheran University
Experience
Dr. Sharon Pang, a principal in the Competition Practice of CRA, specializes in
industrial organization and antitrust economics. She has extensive experience in
antitrust litigation matters alleging monopolization, vertical restraints, collusion
and price fixing. She has assessed antitrust liability and calculated damages,
submitted written declarations to federal courts in support of legal motions,
assisted in the drafting of economic expert reports, and advised client attorneys in
the deposition of opposing experts. Dr. Pang has also advised client attorneys in
connection with merger review and investigation by US antitrust agencies and the
European Commission.
Prior to joining CRA, Dr. Pang was a client specialist/economist with the antitrust
department of Skadden Arps Slate Meagher and Flom LLP and an economist at
Capital Economics. She was also on the faculty at Cornell University’s Johnson
Graduate School of Management where she taught microeconomics,
macroeconomics, and international trade at the MBA level. Dr. Pang received her
PhD and MA in economics from the University of California at Los Angeles and a
BA in economics from Pacific Lutheran University. She is fluent in English and
Cantonese Chinese.
FANG QI, Ph.D.
Fang Qi is counsel with Fangda Partner’s Beijing Office. Dr. Qi’s primary practice
areas cover antimonopoly litigation, and intellectual property-related transactional
and litigation, and general litigation. Dr. Qi has extensive experience working with
telecommunication, pharmaceutical, biotechnical, electronics, and information
technology companies. Dr. Qi’s work at Fangda Partners focuses on assisting the
clients in protecting against unfair competition practices, participating in
antimonopoly administrative investigations and civil litigations, managing their
intellectual property portfolios, navigating regulatory compliance requirements,
and defending claims of intellectual property infringement. Dr. Qi’s clients include
ALCOA, Apple, Bayer AG, Flexsys, Kennametal, InterDigital, Lenovo, and Power
Integrations. Dr. Qi represented InterDigital in the first ever intellectual property-
related antimonopoly civil litigation in China. Dr. Qi is the co-author of a treatise
“Intellectual Property Rights in China” (Westlaw, Business Laws of China). Dr. Qi
graduated from Columbia Law School in 2007, where he was a Harlan Fiske Stone
Scholar and article editor of the Columbia Science and Technology Law Review.
Prior to joining Fangda Partners, he worked at an international law firm in New
York.
Education
• Columbia University School of Law, J.D.
• City University of New York, Ph.D.
• Peking University, B.S.
Professional Qualification
• Admitted to practice before the SIPO, USPTO and in the State of New York
Mr. John Yong REN
Managing Partner, PhD
Practice Areas
Antitrust, International Trade Remedies, Dispute Settlements, and Civil and
Commercial Issues
Experiences
Before he was a professional lawyer and found the T&D Associates, Mr. Ren
served in central government of PRC for couple of years, and worked in one US
firm as foreign law expert. Mr. Ren has been practicing in areas such as antitrust,
antidumping, foreign direct investment, M&A, international arbitration and
litigation. He boasts abundant experiences in those areas, especially for antitrust
and international trade remedies, he have provided well recognized and legal
services to a lot of multinationals for these two areas for more than one and one
half decade. Mr. Ren also serves as an arbitrator in China International Economic
and Trade Arbitration Commission, arbitrator of Hong Kong International
Arbitration Center, legal counsel for the local government, and a panel member in
Experts Committees n Beijing Lawyers Association.
Education
PhD, International Business Law
Languages
Chinese (mandarin), English
1
François is a Counsel in Allen & Overy Beijing office since 2008 where he leads
the China antitrust and trade practice. Prior to joining Allen & Overy, François
was based in Brussels and Paris and he has 15 years’ experience advising in
antitrust and trade law.
François has extensive experience advising Western and Asian clients on PRC,
EU, and other national competition laws, including merger control, anti-
competitive agreements and concerted practices, the interaction between
intellectual property and antitrust laws, abuse of dominance, market
investigations, antitrust compliance, and EU State aid. He has assisted Western
and Asian companies in many multi-jurisdictional antitrust matters throughout the
Asian region and in EuropeFrancois has worked on various complex merger
matters in China, including the award winning Seagate/Samsung transaction, and
Novartis/Alcon; he was acting as monitoring trustee in Alpha V and is the legal
advisor of the monitoring trustee in Marubeni/Gavilon. He has also been assisting
companies in relation to recent behavioural cases in China.
François is listed as a leading antitrust lawyer in PLC's cross-border competition
category in China, as well as in The International Who's Who of Competition
Lawyers, Global Competition Review and by Chambers. He is also listed in the
Expert Guide as one of the world's leading international trade lawyers.
Main publications
François has authored several articles, including: "MOFCOM's 2008-2013
Merger Control Practice " (co-author, Michael Edwards) in "The Chinese Anti-
Monopoly Law: The First Five Years" (to be published in August, 2013);
"Competition in The Automotive Sector in China" in "Report on Competition
Law and Policy of China" (PCCPL, December 2012); "A Practitioner's Look at
Merger Control Remedies in China" (CPI 2012 (2)); "Some key features of
merger control remedies in China" (Competition & Antitrust Review 2012 of
Euromoney Yearbook); "EU and Chinese antidumping and anti-subsidy
proceedings: A politically driven process" (Euromoney Guide 2011); "Lessons
from the merger control regime in China" (Competition & Antitrust Review 2011
of Euromoney Yearbook); "Private antitrust litigation in China: what companies
should do" (Competition & Antitrust Review 2010 of Euromoney Yearbook); "A
Comparison of Competition Laws of Japan and EU – An Overview of the
Antimonopoly Act and EC Competition Law in Europe" (The Lawyers, Japan,
2007). François also co-authored one book with Susan Ols: "A Practical Guide to
EC Trade Remedy Actions for Korean Exporters to the European Union" (KITA,
Seoul, 2005), and participated in the writing of "State Aids", in Commentaires J.
Mégret (Université de Bruxelles, 2007).
Speaking Activities
François has been a speaker in various conferences including the "IBA mid-year
antitrust conference" (Sydney, March 2013), where he spoke about non-
competition issues in merger control reviews, and the "Competition Law
Conference 2012: Global Updates and New Developments in Hong Kong"
François Renard
Counsel - Beijing
Contact
Tel +86 10 6535 4359
François Renard
leads the China
antitrust practice and
clients praise his
ability to "make
difficult concepts easy
to understand and
find the best solution
in any situation".
WHO'S WHO LEGAL 2013
2
(October 2012), where he spoke about the interface between IP and antitrust
matters in China. François has been one of only several EU experts invited to
speak to and train PRC antitrust officials and judges in recent years, including in
the context of OECD-led conferences in China. He has been Vice Chair of the
Legal Working Group and Chair of the Competition Sub-working Group of the
EU Chamber of Commerce in Beijing between 2009 and 2011.
François Renard “is
energetic and
entrepreneurial, and
really knows his
stuff.” One
interviewee added: “I
have huge respect for
him – he knows EU
competition law very
well and has the
China experience
too.”
CHAMBERS GLOBAL 2013
Charles F. (Rick) Rule
Partner – Washington
Charles (Rick) Rule, the head of the firm’s Antitrust Group, the Managing Partner
of the Washington office, and a member of the firm’s Management Committee,
focuses his practice on providing U.S. and international antitrust advice to major
corporations in connection with “bet your company” matters, particularly high-
profile mergers, acquisitions, and joint ventures. He also represents corporate
clients in connection with civil and grand jury investigations by the U.S.
Department of Justice, the Federal Trade Commission, and the European
Commission and in private and governmental litigation both at the trial and
appellate levels.
Recognized as one of the world’s leading antitrust lawyers, Rick is named in
Chambers USA: America’s Leading Lawyers for Business, Chambers Global: The
World’s Leading Lawyers For Business, The Legal 500 US, The Best Lawyers in
America, Global Competition Review, The Legal Times, Law Dragon 500, Who’s
Who in America, Who’s Who in the East, The Washingtonian and Who’s Who in
American Law. Rick was also named a top legal innovator by the 2011 Financial Times US Innovative Lawyers Report.
Among his principal clients are Microsoft Corporation; ExxonMobil; US Airways
Inc.; Celanese Corporation; Northrop Grumman Corporation; Goldman, Sachs &
Co.; Morgan Stanley; Financial Security Assurance; the National Basketball
Association; Bacardi & Company Ltd.; Eli Lilly & Company, and Goodyear Tire
and Rubber Co.
Rick was a key member of the team that negotiated on behalf of Microsoft a
conclusion to the historic antitrust lawsuit that the Justice Department and a
number of states pursued against the company. He also was involved in the
antitrust clearance of some of the highest-profile mergers in recent years, including
advising NYNEX in its merger with Bell Atlantic (now known as Verizon
Communications), serving as Exxon Corporation’s lead counsel in its successful
merger with Mobil Oil Corporation (now known as Exxon Mobil Corporation),
representing MGM-Mirage in its acquisition of Mandalay Bay, and representing
Delta and Pine Land in its acquisition by Monsanto.
Rick has represented numerous corporations and individuals in connection with
civil and criminal grand jury investigations by the Department of Justice and other
enforcement agencies involving allegations of price-fixing, market allocation, bid-
rigging, and other criminal conduct on a national or global scale. Utilizing his
former government experience, Rick advises clients in effective strategies in
protecting their interests throughout the investigation process. Rick has also
handled major civil and criminal litigation and argued numerous times in court on
behalf of clients such as Microsoft, US Airways, a television network and its
affiliates, and the Pasha Group. While in government, he argued on behalf of the
United States in several appeals and before the U.S. Supreme Court in Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986).
He began his career as William Baxter’s special assistant in the Antitrust Division
of the Justice Department. He served as acting head of the Division for part of
1985 and was permanently appointed to the position in late 1986, becoming the
youngest person ever to be confirmed as Assistant Attorney General in charge of
the Antitrust Division. In 1988, in recognition of his exemplary performance, he
received the Edmund J. Randolph Award from the Justice Department. Following
his departure from the Justice Department in 1989, Rick was a partner and head of
the antitrust practice at a leading Washington, D.C. law firm, and subsequently
became the head of the global antitrust practice of another major New York firm.
Rick is a frequent author and lecturer on antitrust and regulatory topics, and he has
participated in numerous conferences, workshops, and programs on issues of
merger enforcement and trade regulation. As regular counsel to clients with an
interest in the technology sector, Rick has recently authored a number of articles
on the Federal Trade Commission’s investigation into Google, including articles in
U.S. News & World Report and The American Lawyer. Rick also has served as a
Distinguished Adjunct Professor of Law at American University’s Washington
College of Law. He was the inaugural chair of the Corporations, Securities and
Antitrust Practice Group of the Federalist Society and served as Chair of the
Economics Committee of the American Bar Association’s Antitrust Section. He is
a member of the advisory board of BNA’s Antitrust & Trade Regulation Report,
the Washington Legal Foundation, and the Landmark Legal Foundation. He is a
member of the Board of Directors of the Children’s Law Center and previously has
served on the Visiting Committee of the University of Chicago Law School.
Rick received his J.D. from the University of Chicago Law School and his B.A.,
summa cum laude, from Vanderbilt University. Following law school, he served as
a law clerk for Chief Judge Daniel M. Friedman of the former U.S. Court of
Claims (now the Court of Appeals for the Federal Circuit). He is admitted to the
bar in the District of Columbia.
Profile: Greg Slater
Greg S. Slater is the director of trade and competition policy at Intel Corporation.
In this capacity, he is responsible for trade and competitiveness issues affecting the
company’s business interests worldwide. In his role as a senior counsel at Intel, he
also provides legal and policy advice on emerging laws and regulations that
significantly affect the company’s products and manufacturing sites. In addition,
Greg is responsible for all government agreements related to Intel’s factory
investments worldwide.
Prior to joining Intel in 1997, Greg was in private practice at Steptoe & Johnson
and then at Latham & Watkins in Washington, DC. He began his law career as a
clerk for former Chief Judge Albert Engel on the U.S. Sixth Circuit Court of
Appeals after graduating summa cum laude from the J. Reuben Clark Law School
at Brigham Young University.
David Stallibrass
I am a competition economist who lives and works in China.
I am a Senior Research Fellow of the Koguan Law School at Shanghai Jiaotong
University, and a Visiting Professor at Jinan University in Guangzhou. I am
also affiliated to the Competition Law Center at the University of International
Business and Economics (Beijing), and the Competition Law Center of the
Graduate University of the Chinese Academy of Sciences (Beijing).
I am a Special Consultant for Charles River Associates, a leading international firm
of economic consultants. In 2012 I was the first international competition
economist to provide expert testimony in the Chinese court system. I am also the
director of the China Anti-monopoly Forum, the UK’s capacity building program
for PRC anti-monopoly issues.
While working in China I am on a career-break from the Office of Fair Trading in
London, where I am a Director. At the OFT I gained extensive experience in both
strategy and delivery of competition law, government regulation, and consumer
protection.
I hold an undergraduate degree from Oxford, a masters degree from the London
School of Economics, and have over 10 years experience as a practicing
economist.
1 © 2013 Dentons. Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.
Sandy Walker Partner
LL.M., LL.B., B.A.
Partner
Year of Call: 1988 (Ontario)
Office: Toronto
Direct Line: +1 416 863 4517
Email: [email protected]
Sandy Walker is Co-Chair of the firm's National Competition Law Practice Group. Sandy has extensive experience in competition and antitrust law matters and is recognized as one of the country’s leading Investment Canada Act specialists. Her practice focuses on securing regulatory approvals for mergers from the Competition Bureau, Investment Canada and other regulatory agencies. She also advises on compliance issues relating to pricing, distribution and trade practices. Sandy represents clients in an array of diverse industries such as mining, financial services, oil and gas, automotive, media, food and beverage, manufacturing, transportation and retail.
An active member of the Canadian Bar Association, Sandy is Vice-Chair of the Mergers Committee, Competition Law Section and is the former Chair of the Foreign Investment Review Committee. She is also Vice-Chair of the International Antitrust Committee of the American Bar Association's International Law Section and an active member of the Antitrust Law Section and regular speaker at ABA, CBA and other conferences.
Sandy is recognized in Best Lawyers in Canada (2013), Euromoney's Expert Guides to the World's Leading Lawyers (2012) in the area of Competition and Antitrust Law and in Chambers Global 2013: The World’s Leading Lawyers for Business as one of Canada’s leading lawyers for Competition/Antitrust: Investment Canada. She has authored numerous articles on competition law and foreign investment review (including state-owned investors), as well as a book on trade law. For several years, Sandy was also an adjunct professor at the University of Toronto Faculty of Law, lecturing on European Union competition and trade law.
Education London School of Economics, LL.M. (with Merit)
University of Toronto, LL.B.
Queen's University, Honours B.A. (First Class) in Economics and Political Studies
Brussels (Belgium) Capital Region Visiting Scientists Programme award recipient
Queen’s University Exchange Scholar at the University of St. Andrews (Scotland)
Sandy Walker Partner
2
© 2013 Dentons. Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.
Select Transactions Counsel to Katz Group Canada Inc. in sale of a large portion of its independent banner and franchise business to
McKesson Corporation
Counsel to BP Canada in connection with its US$1.67 billion agreement to sell its Canadian natural gas liquids business to Plains Midstream Canada
Canadian counsel to US Gold Corporation on its acquisition by plan of arrangement of Minera Andes Inc. with a transaction value at the time of closing of approximately CDN $1.4 billion for the combined company, which was renamed McEwen Mining Inc.
Counsel to Capital Power Income L.P. on its $1.1 billion acquisition by Atlantic Power Corporation
Counsel to Bridgewater Systems Corporation on its $211 million acquisition by Amdocs Limited by way of plan of arrangement
Counsel to Stillwater Mining Company in connection with its US$487 million acquisition of Peregrine Metals Ltd. by way of a plan of arrangement
Counsel to Teledyne Technologies Incorporated on its $337 million acquisition of DALSA Corporation
Counsel to Consolidated Thompson Iron Mines Limited with respect to its $4.9 billion acquisition by Cliffs Natural Resources Inc.
Acted as Canadian Counsel to Aon Corporation in respect of its acquisition of Hewitt Associates, Inc.
Counsel to Perilya Ltd. on its $184 million take-over bid for GlobeStar Mining Corporation
Acted for PetroChina International Investment Company Limited on the competition and foreign investment review aspects of its $1.9 billion acquisition of interests in two projects of Athabasca Oil Sands Corp.
Acted for Tata Motors Limited in its acquisition of the Jaguar and Land Rover businesses of the Ford Motor Company
Acted for NRDC Equity Partners in connection with its acquisition of Hudson’s Bay Company
Acted for Altagas Income Trust in connection with its $590 million acquisition of Taylor NGL L.P.
Acted for Apax Partners, as Canadian counsel, in a US$7.75 billion acquisition with OMERS Capital Partners of Thomson Learning Higher Education Assets
Acted for Harbinger Capital Partners in its acquisition of Calpine Power Income Fund
Acted for Bertelsmann AG in connection with its music recording business joint venture with Sony Corporation
Acted for RR Donnelley in its US$6 billion merger with Moore Wallace
Acted for Duke Energy Corp. in connection with its acquisition of Westcoast Energy Inc.
Sandy Walker Partner
3
© 2013 Dentons. Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.
Recognition Recognized in Best Lawyers in Canada 2013 and 2014 as one of Canada's leading lawyers in the area of
Competition/Antitrust Law
Ranked as a leading lawyer for Competition | Antitrust: Investment Canada by Chambers Global 2013: The World's Leading Lawyers for Business
Recognized in the area of Competition and Antitrust Law by Euromoney's Expert Guides to the World's Leading Lawyers, 2012
Recognized in the area of Competition and Antitrust Law by Expert Guides Women in Business Law 2012
In the Media
Sandy was quoted in Matthew McClearn's Canadian Business article, "Is Canada closed to foreign investment?", regarding Canada's foreign investment policies.
Sandy was quoted in Judy Van Rhijn's Law Times article, "Foreign Investment Promises Fall Short", regarding the government's promise for an increase in transparency of foreign investment reviews.
Sandy was quoted in Bill McConnell's The Deal Magazine article, "Great white merger revisions," regarding proposed changes to the Competition Bureau's Merger Enforcement Guidelines.
Sandy was quoted in Business Week for her expertise on approvals from foreign investment and competition regulators.
Insights (Selected) "SOE Amendments to Investment Canada Act Passed", July 18, 2013
"Canada Proposes Amendments to Allow Greater Scrutiny of SOE Investments", International M&A and Joint Ventures Committee Newsletter, ABA Section of International Law, June 28, 2013
"New Bill Heightens Potential for More Investment Canada Reviews of SOE Acquisitions", May 10, 2013
Canada Gets Tough on Corruption, February 2013
"Investment Canada and Competition Law – 2012 in Review and Outlook for 2013", Focus on Competition | Antitrust | Foreign Investment, January 2013
"Canada Gives Green Light to CNOOC and Petronas Deals, But Red Light to Future SOE Takeovers in Oil Sands", Focus on Foreign Investment, December 2012
"Canada's Evolving Treatment of State-Owned Investors under Foreign Investment and Competition Laws", presented at ABA Section of International Law Conference in Miami, October 18, 2012
"A new economic nationalism? Lessons from the PotashCorp decision in Canada", Perspectives on topical foreign direct investment issues by the Vale Columbia Center on Sustainable International Investment (Columbia University), No. 77, August 27, 2012
Sandy Walker Partner
4
© 2013 Dentons. Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.
"A Midsummer Round-Up of Recent Competition and Foreign Investment Developments", Focus on Competition | Antitrust | Foreign Investment Review, August 2012
"Modest Steps to Reform Canada’s Foreign Investment Review Process", Focus on Foreign Investment Review, May 2012
Chief Editor, “2011 Antitrust Year in Review”, ABA Section of International Law, International Antitrust Committee (April 2012)
Focus on China (Chinese) - 聚焦中国 - 2012 二月
"Competition and Foreign Investment in Canada: Taking Stock of 2011 and Looking Ahead to 2012", Focus on Competition | Antitrust | Foreign Investment, January 2012
“Draft Revised Merger Enforcement Guidelines Issued”, Focus on Competition | Antitrust, July 2011
“Commissioner of Competition Challenges Air Canada and United Continental Joint Venture”, Focus on Competition | Antitrust, July 2011
"Foreign Investment Review in Canada - After Potash", Fraser Milner Casgrain LLP, May 2011
"Refusals to Deal Under Canada's Competition Act", presented at the ABA Section of International Law conference, April 2011
"Climate Change for Foreign Investors in Canada? Taking the Temperature of Foreign Investment Review in 2011", presented at the ABA Section of International Law conference, April 2011
"Competition Bureau Issues New Guidance on Merger Review", Focus on Competition | Antitrust, November 2010
Co-author of chapter on foreign investment review in Competition Act & Commentary, published by Butterworths, 2010 edition
Editor of chapter, “Statutory History and Institutional Overview”, Competition Law Fundamentals Handbook, published by the CBA, Competition Law Section, 2007 and 2010
“Draft Investment Canada Regulations Released: Details on National Security Regime and New Review Threshold”, The Competitor (Stikeman Elliott), July 2009
“Amending the Investment Canada Act: An Assessment of the Government’s Response to the Wilson Report”, Canadian Competition Record (March 2009)
Co-author of “Answers to FAQs on Foreign Investment Review in Canada” in The 2009 Canadian Legal LEXPERT Directory and The 2009 LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada, January 2009
“Canada to Scrutinize Foreign State Investors”, Financier Worldwide, April 2008
“Foreign State Investors Face Greater Scrutiny in Canada”, International Antitrust Bulletin, Vol. No. 1, Issue No. 2008, published by the American Bar Association, Antitrust Section, International Committee, April 2008
Co-author of “Sovereign Wealth Fund Investment: What’s next for Canada?”, M&A Update (Stikeman Elliott), March 2008
“New Guidelines for Canadian Investments by Foreign State-Owned Enterprises”, M&A Update, February 2008
Sandy Walker Partner
5
© 2013 Dentons. Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.
“State-Owned Investors Face Greater Scrutiny in Canada”, The Competitor, December 2007
“Canada Considers Investment Canada Act Amendments: Potential Focus on Foreign State-Owned Investors”, The Competitor, December 2006
“Canadian Merger Review: Key Distinctions From U.S. Law”, Access Antitrust: A Newsletter of the Antitrust Committee, Business Law Section of the American Bar Association, Fall 2004
“Competition and Antitrust, A Legal Guide”, International Financial Law Review 2001, 2001, co-author with Lawson Hunter
“Bureau Wades into Intellectual Property Debate: Canada’s Watchdog Sees its Guidelines as Means of Reducing Uncertainty in Business Community”, Computing Canada, September 1999
Environmental Protection Versus Trade Liberalisation: Finding the Balance (An Examination of the Legality of Environmental Regulation Under International Trade Law Regimes), Publications des Facultés Universitaires St-Louis, Brussels, Belgium, 1993
Activities and Affiliations Vice-Chair, International Antitrust Committee, American Bar Association's International Law Section
Chair, Mergers Committee of the National Competition Law Section, Canadian Bar Association
Former Chair (2007 to 2009), Foreign Investment Review Committee of the National Competition Law Section, Canadian Bar Association
Member, American Bar Association Antitrust Law Section
Presentations Moderator, Panel on “Structuring Joint Ventures – The Way Forward for Foreign Investment in Canada”, FIRC
(Foreign Investment Review Committee) Conference, Canadian Bar Association, June 27, 2013
Speaker on panel on "Investing in Canada" at Canada China Business Council Annual Policy Conference, Montreal, November 27, 2012
Speaker on "Foreign Investment Review in Canada", Shanghai, China, November 9, 2012
Speaker on "Canadian Pricing Law" teleseminar for the ABA Section of Antitrust Law, October 24, 2012
Moderator, "Deep Pockets, Opaque Governance and Sovereign Status: Unique Challenges in Negotiating Transactions with SWFs and SOEs", panel at the American Bar Association Section of International Law conference, Miami, October 18, 2012
"Reform of the Investment Canada Act - Unfinished Business?", Canadian Bar Association's Foreign Investment Review Committee Conference, June 1, 2012
"The Policy Framework for Chinese Investment in Canada", China Institute Conference on Public Policy Dimensions of Chinese Investment in Canada, Calgary, May 4, 2012
Sandy Walker Partner
6
© 2013 Dentons. Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.
"Post Lehman: Will Financial Markets Be Regulated through the Back Door of Competition Policy?" at the American Bar Association Section of International Law, New York City, April 20, 2012
"Fundamentals of Canadian Competition Law", ACC - Canadian Corporate Counsel Institute, March 27, 2012
"Is There a New Economic Nationalism?", Association of Corporate Counsel (ACC) Annual Meeting, Denver, October 25, 2011
"Foreign Investment Review in Canada", Association of Canadian General Counsel (ACGC), September 23, 2011
"The Policy Framework for Chinese Investment in Canada", China Institute Conference on Public Policy Dimensions of Chinese Investment in Canada, Calgary, June 10, 2011
"Current Legal Issues in Canadian Mergers and Acquisitions", presented to ACC Ontario Chapter and Fraser Milner Casgrain, May 13, 2011
Chair of the Canadian Bar Association's Competition Law "Spring Forum 2011: Focus on Civil", May 3, 2011
Co-Chair and Moderator, Panel on "The New Gold Rush - The Race for the World's Resources", ABA Section of International Law Spring Meeting, April 8, 2011
Co-Chair and Speaker, Panel on "Size Matters: When Do Powerful Firms Attract Antitrust and Regulatory Scrutiny and Sanctions?", ABA Section of International Law Spring Meeting, April 7, 2011
Appeared before the Parliamentary Standing Committee on Industry, Science and Technology (Canada) to speak on the review of the Investment Canada Act (at the Committee's Invitation), March 24, 2011
"Investment Canada after BHP/Potash", teleseminar, ABA Section of International Law, December 16, 2010
"Foreign Investment Review in Canada: The Uncertain Road", 2010 Annual Fall Competition Law Conference, Gatineau, Quebec, September 30, 2010
"Hostile Takeover Bids Across the Canada-US Border", ABA Section of International Law, September 22, 2010
"Investment Canada Act: New Law & Policy - State Owned- Enterprises", CBA’s Foreign Investment Review Committee, Toronto, June 4, 2010
"New Developments in Mergers, Cartels and Distribution Practices in the U.S., Canada, Europe, and Beyond", ABA Business Law Section, 2010 Spring Meeting, April 23, 2010
"20th Century Economic Nationalism or Essential Security in the 21st Century – An Analysis of Recent Developments in Foreign Investment Review Laws in Canada”, paper presented at the American Bar Association, Section of International Law meeting, Washington DC, April 16, 2009
“Wary Hosts/Uncertain Guests: A Canadian Perspective on Foreign State Investors”, paper presented at the American Bar Association, Business Law Section Meeting, Frankfurt, Germany, May 29, 2008
“State-Owned Investment - On the Rise & Under Fire”, paper presented at the Canadian Bar Association Annual Competition Law Conference, October 2007
“Price Discrimination and Promotional Allowances Under the Competition Act”, paper presented at The Canadian Institute Conference, March 2007
Richard G. Stearns
Richard Gaylore Stearns (born 1944) is a United States federal judge. Born in Los
Angeles, California, Stearns received a B.A. from Stanford University in 1968, an
M.Litt (Political Philosophy) from Balliol College, Oxford, in 1971, and a J.D.
from Harvard Law School in 1976. Stearns worked on the McGovern presidential
campaign in 1972 [1]
and later became a Special Assistant to U.S. Sen. George
McGovern from 1972 to 1973. He was a speech writer in the office of the
Lieutenant Governor of Massachusetts from 1975 to 1976. He worked in the
Norfolk County (Massachusetts) District Attorney's office from 1976 to 1982. He
was an assistant U.S. Attorney of the District of Massachusetts from 1982 to 1990.
He was an Associate Justice of the Superior Court of Massachusetts from 1990 to
1993.
Stearns is a federal judge on the United States District Court for the District of
Massachusetts. Stearns was nominated by President Bill Clinton on October 27,
1993, to a seat vacated by John Joseph McNaught. He was confirmed by the
United States Senate on November 20, 1993, and received his commission on
November 24, 1993.
Commissioner Joshua D. Wright – Bio
Joshua D. Wright was sworn in as a Commissioner of the Federal Trade Commission on January 11, 2013, to a term that expires in September 2019.
Prior to joining the Commission, Wright was a professor at George Mason University School of Law and held a courtesy appointment in the Department of Economics. Wright is a leading scholar in antitrust law, economics, and consumer protection and has published more than 60 articles and book chapters, co-authored a leading casebook, and edited several book volumes focusing on these issues. Wright also served as Co-Editor of the Supreme Court Economic Review and a Senior Editor of the Antitrust Law Journal.
Wright previously served the Commission in the Bureau of Competition as its inaugural Scholar-in-Residence from 2007 to 2008, where he focused on enforcement matters and competition policy. Wright’s return to the Commission marks his fourth stint at the agency, after having served as an intern in both the Bureau of Economics and Bureau of Competition in 1997 and 1998, respectively. Wright received his J.D. from UCLA in 2002, his Ph.D. in economics from UCLA in 2003, and graduated with honors from the University of California, San Diego in 1998. He is a member of the California Bar.
Before his tenure at George Mason University School of Law, Wright clerked for Judge James V. Selna of the United States District Court for the Central District of California and taught at the Pepperdine University Graduate School of Public Policy.
Wright was born and raised in San Diego, California.
1
Elizabeth Xiao-Ru Wang Principal, Charles River Associates, Boston, USA Senior Research Fellow and Economist, Competition Law Centre, University of International Business and Economics, Beijing China, Vice Chair (incoming), the China Committee, American Bar Association Section of International Law
PhD, Economics University of Chicago
Chicago, USA
BA, Economics Peking University
Beijing, China
Dr. Elizabeth Xiao-Ru Wang is a principal in the Competition Practice at Charles River Associates.
She has extensive experience in providing economic analyses for antitrust matters including merger
reviews, government investigations, and private litigation, especially in cross-border matters China.
She has been involved in casework in a variety of industries, including health care, high tech,
financial markets, pharmaceutical, airlines, and consumer products. Dr. Wang has submitted
reports to federal and state government agencies and has published and spoken on various topics.
Dr. Wang has extensive experience working on antitrust matters with Chinese regulators. Dr. Wang
has presented economic analysis in front of the Ministry of Commerce (MOFCOM), and advised
clients on merger reviews, antitrust investigation and private litigation in China.
Dr. Wang has worked with clients in Asia, North America, and Europe. She is highly knowledgeable
about cultural and legal system differences across countries and works with clients to navigate
challenges associated with litigations or investigations.
Dr. Wang has a PhD in economics from the University of Chicago in the United States and a BA in
economics from Peking University in China. She is a native Chinese speaker and is fluent in
English.
2
Selected Engagements
For a global medical device manufacturer: Provided economic analysis for a cross-border
acquisition reviewed by China’s merger review agency MOFCOM.
For a leading semiconductor manufacturer: Provided economic analysis for a cross-border
acquisition reviewed by China’s merger review agency MOFCOM.
For US Department of Justice: Provided economic analysis on a litigation involving Most
Favored Nation Clause in the healthcare market.
For a global leading search engine provider: Provided economic analysis of competition related
to certain search features related to FTC investigations.
For a major high tech company: Provided economic analysis of competition in the hard disk
drive industry for merger review; presented competitive analysis in front of China’s merger
review agency MOFCOM.
For major global financial exchange groups: Provided economic analysis for merger review;
prepared data and documents in response to the DOJ’s second request.
For a world-leading pharmaceutical manufacturer: Provided economic analysis and damages
estimation on qui tam litigation under the False Claims Act related to overfill in a certain
injection drug, examining issues on false certifications, medically unnecessary claims, not
administered claims, and ASP reporting.
For a number of Chicago-area hospital systems: Provided economic analyses to rebut the
certification of a class of nurses employed at hospitals that have been harmed economically
from alleged conspiracy to suppress nurses’ wages; examined the merits and damages issues
of the alleged conspiracy.
For a group of major department stores: Analyzed the impact of alleged conspiracies to boycott
an entering retailer of fine tableware and assessed damages to consumers from alleged
delayed entry.
For a major European air cargo carrier: Analyzed the impact of alleged conspiracies to fix fuel
and other surcharges among air cargo carriers and assessed the potential overcharges from
alleged price-fixing conspiracies by examining proper benchmark periods.
For a European regulatory agency: Analyzed the impact of non-monetary state aid to a major
telecommunication group resulting from public announcements and loan guarantee to boost
investors’ confidence.
For a Taiwanese CD-ROM controller manufacturer: Assessed damages related to alleged
interference of economic relationships with certain prospective customers due to patent
infringement related to CD-ROM controllers.
3
Selected Publications
“Merger Remedies with Chinese Characteristics.” With Joanna Tsai and Sandra Chan, CPI
Antitrust Chronicle, August 2013.
“Economic Tools for Evaluating Competitive Harm in Horizontal Mergers.” Practical Law
Antitrust, Summer 2013.
“A Discussion of MOFCOM’s Competitive Analysis in 2012 From an Economic Perspective.”
With Sharon Pang, CPI Antitrust Chronicle, February 2013.
“Merger Review in China: An Overview of the Competitive Analysis.” With Joanna Tsai. ABA
International Antitrust Committee: The Newsletter, Summer 2012.
“Qui Tam Trends in 2011, Predictions for 2012.” Law360, February 8, 2012.
“China Highlights Economic Analysis in Decision Approving Seagate Acquisition of Samsung
HDD Business.” With Glenn Mitchell. “Hot Topics,” ABA Section of International Law, January
2012.
“Trends in Qui Tam False Claims Cases.” Law360, July 26, 2011.
“A Little Knowledge Can be a Dangerous Thing: Price Controls in Yellow Pages Industry.” With
Alison Oldale. European Competition Law Review, October 2004.
Selected Speaking Engagements
“Economic Analysis in MOFCOM’s Merger Review.” Panel discussion on Merger Review at
China’s Anti-Monopoly Law 5th year Anniversary Conference, Expert Advisory Committee under
the State Council Anti‐Monopoly Commission and UIBE Competition Law Centre, July 2013.
“New Developments in Merger Remedies in China.” Panel discussion at a program by the
American Bar Association Section of Antitrust Committee and Section of International Law, July
2013.
“New Developments of Antitrust Litigation in China.” Panel discussion at a program by the
American Bar Association Section of Antitrust Committee and Section of International Law, July
2013.
“Interaction of IP and Antitrust: a US-China Comparative Perspective.” Panel discussion at a
program by the US Chamber of Commerce with FTC Commissioner Ohlhausen, China IPR
Attaché Fulli Chen and others, June 2013.
“Problems and Prospects of Anti-Monopoly Law: A US-China Comparative Perspective.” Panel
discussion with Prof. William Kovacic from the George Washington University Law School, FTC
Commissioner Ohlhausen, Prof. Yong Huang from UIBE, and others, May 2013.
4
“Chinese Health Care Reform: Challenges and Opportunities for Multinationals.” Moderator for
a panel discussion at Charles River Associates, April 2013.
“Transnational Deal Making in an Evolving Regulatory Environment: the Function and Future of
Antitrust and National Security Reviews.” Panel discussion at the University of Pennsylvania
East Asia Law Review Symposium, February 2013.
“Solving the China Puzzle in Global Merger Review.” Panel discussion at a program by the
American Bar Association China Committee and International Antitrust Committee, November
2012.
"Regulatory Maze for M&A Transaction in China.” Moderator for a panel discussion at Asia
Counsel-to-Counsel Exchange, Shanghai, China, September 2012.
“Working with Economic Experts in Section 1 Cases.” Panel discussion at a program by the
American Bar Association Economics Committee, Joint Conduct Committee, and Young
Lawyers Division Antitrust Law Committee, July 2011.
Honors and fellowships
The Social Science Research Council Applied Economics Fellowship, 1999–2000
The University of Chicago Century Fellowship, 1995–1998
The University of Chicago Far East Fellowship, 1995–1998
1 2013.3
Yi Xue
Partner Beijing Office
Bar Administration: PRC, 1999 Education:
JM and LL.B degrees from the Law School of Peking University
Language:
Mandarin Chinese; English
Yi Xue practice covers broad areas, mainly includes anti-monopoly, M&A, national security review and labor law. Yi Xue is one of the first lawyers practicing competition law in China. He represented a substantial number of multinational companies obtained China anti-monopoly clearance in prominent M&A transactions according to China M&A rules and China new AML since 2004. He is also the first lawyer to assist the client in preparing and submitting economic analysis report in China concentration filing. He actively participates in the drafting of anti-monopoly law, its implementing rules and the related guidance, advise the government on antitrust legislation, and maintain a close relationship with relevant governmental authorities. Mr. Xue has been highly recommended by Chambers Asia-Pacific as a leading lawyer in the area of competition and anti-monopoly law in 2013. Yi Xue also has rich experiences in FDI, M&A and PE investments. He advised Daimler-Chrysler, Lucent, Nokia, ABB, Cargill, Bosch, Financial Times, Redgate and other multinational companies on the establishment of holding company, their daily operations, business expansion and investment in China. He also advised some international funds, such as JP Morgan, Warburg Pincus, Gateway, CDH, and 3i on their M&A and/or PE projects in China.
Tel： +86-10-5957-2057
Mobile: +86-1391-081-2486
Fax： +86-10-6568-1838
Email： [email protected]
3 2013.3
The representative anti-monopoly cases in which Yi Xue acted for clients include: Anti-monopoly (Concentration) Filing Represented Hella in MOFCOM’s investigation on non-declared concentration Represented Exxaro Resources Limited in the share and assents transaction
between Exxaro Resources Limited and Tronox Limited; Represented Shanghai Electric Group Company Limited and Schneider Electric
(China) Co., Ltd in the establishment of a new joint venture; Represented SPX Corporation in acquisition of Clyde Union; Represented China Resource Enterprise, Limited in the acquisition of Jiangxi
Hongkelong; Represented SPX Corporation and Shanghai Electric Group Company Limited in
the establishment of a new joint venture Represented China Resource Enterprise, Limited and Kirin Holdings Company,
Limited in merger their alcohol business; Represented Nidec Corporation in acquisition of Sanyo Precision Co., Ltd.; Represented Esprit in the M&A transaction between Esprit Distribution Limited
and Glory Raise Limited; Represented Samsung Electronics Co., Ltd. and Samsung Tyco Optoelectronics in
their antitrust review filings; Represented GE Transportation in establishment of joint venture between GE
Transportation and Nancheqishuyan Ltd.,; Represented NOVA Chemicals, in the acquisition of NOVA Chemicals by
International Petroleum Investment Company; Represented Samsung Techwin in acquisition of VSS business from Samsung
Electronics Co., Ltd.; Represented Shui On in the acquisition of China Central Properties; Represented S.C. Johnson in the acquisition of Jiangsu Tongda; Represented Teck Cominco in the acquisition of Aur Resources; and etc; Represented Metso Paper in assets acquisition between Metso Paper, Inc. and
Mitsubishi Heavy Industries, Ltd.; Represented Giovanni Agnelli in the acquisition of Cushman& Wakefield; Represented Parkson Group in the acquisition of Jiangxi Pacific Emporium; Represented EQT V Fund in the acquisition of Dako Denmark; Represented NWS in the acquisition of Zhujiang Power Fuel; Represented SPX in the purchase of automotive electronics business from
Johnson Controls, and the purchase of industrial process equipment business from Invensys;
Represented ICI in the purchase of the powder business from Celanese Represented Citigroup in the acquisition of Nikko Cordial; Represented SVEZ in the acquisition of Changshu Municipal Water Supply; Represented Sumitomo in the acquisition of Eryngium and the acquisition of
Voest-Alpine;
4 2013.3
Represented MOSAIC fertilizer in the assets purchase from SINOCHEM in U.S; Represented Onex in the acquisition of Kodak Health; Represented Kodak in the redemption of KPG, the acquisition of CREO, and the
acquisition of OREX. Monopoly Agreement, abuse of dominance and other anti-monopoly related issues Advised DuPont and affiliates on its anti-monopoly related matters; Advised Hella on its anti-monopoly related matters; Advised Shell on business operation and information exchange issue in China; Advised Sulzer Corporation on the anti-trust guideline for daily operation; Advised Mitsubishi Rayon and Mitsubishi Resion on structure of distribution
arrangement; Advised Central Glass Co., Ltd on the transaction structure and daily operation.
RESUME
YANG Dong is an associate professor of REMMIN
University of China, and an Assistant Dean of the Law
School as well as the deputy director of the
Anti-monopoly Law Research Institute of RUC Law
School.
EDUCATIONAL BACKGROUND
Prof. Yang holds Master of Law and Juris Doctor degrees from Hitotsubashi
University in Japan.
His areas of specialization are anti-monopoly law, securities law, financial law,
mergers & acquisitions, enterprise & company law, and economic integration &
legislation coordination of East Asia.
ACADEMIC ACHIEVEMENTS
Prof. Yang has published many papers in famous juristic journals such as
“Jurisconsult”, such as “The Coordinate Relationship Between Anti-Monopoly
Law and Industry Regulation Law”, “The Takeover of Listed Companies and
Corporate Social Responsibility”, “The Classic Case Analysis of M&A in
China” (in Japanese), and “The Analysis of Legal Problems in the Infusion of
Foreign Capital into China’s Listed Companies” (in Japanese) , which won the
excellent paper award of “Mergers and Acquisitions Report Review”, the most
famous M&A journal in Japan. In addition, he also published a book about
M&A named “China’s M&A legal system – the use of system and case analysis”
in 2007.
SERVICE APPOINTMENTS
Prof. Yang was the rapporteur of the juristic cooperation project between the
Legislative Affairs Work Committee, MOFCOM, of China and the Japanese
government, “Cooperation Project in Chinese economic law and corporate law
with JICA”.
CONTRIBUTION TO ANTI-MONOPOLY LAW RESEARCH
Prof. Yang established the “Anti-monopoly Law of China” website
(www.antipomopolylaw.org) in December, 2009, which reports all of the latest
news about anti-monopoly law at home and abroad, and most of the main
academic articles in this field, and is the best anti-monopoly law website in
China. He also organized 16 Anti-monopoly Law Summit Conferences, China’s
most influential conference series in the area.
CONTACT INFORMATION
Address：Law School, RENMIN University of China, Zhongguancun Street
No. 59, Haidian District, Beijing, China Postal Code:100872
Tel: 13718118675
E-mail: [email protected]
杨洁
1986 年毕业于北京大学法律系，法学学士。
2002 年毕业于中国人民大学法学院，法律硕士。
1987 年至今在国家工商总局工作。
1994 年至今在公平交易局反不正当竞争处、反垄断处，反垄断与反不正当竞争执法局（2008
年在公平交易局基础上成立）一直从事反不正当竞争与反垄断执法工作。
2003 年-2007 年，任公平交易局反垄断处副处长。2005 年 3 月-2006 年 10 月，借调到国务
院法制办参与《反垄断法（草案）》审查修订工作。
2008 年-2009 年，任竞争执法局反不正当竞争处处长，参与组织《反不正当竞争法》修订工
作，2008 年 12 月国家工商总局将《反不正当竞争法（修改草案）》提交国务院法制办。
2009 至今，任竞争执法局反垄断法律指导处处长。参与组织研究制定《关于知识产权领域
反垄断执法指南》、《工商行政管理机关关于禁止滥用知识产权排除、限制竞争行为规定》等。
Yang Jie Graduated from school of law in Beijing University in 1986, bachelor of law; Graduated from school of law in China Renmin University in 2002, master of law; From 1987 to the present, work in the State Administration for Industry and Commerce; From 1994 to the present, work in Anti-unfair Competition Division, Office of Fair Trading, Anti-Monopoly Division, Anti-Monopoly and Anti-unfair Competition Enforcement Bureau (built in 2008 on the basis of Office of Fair Trading); keep on engaging in anti-unfair competition and anti-monopoly enforcement work; From 2003-2007, acted as the deputy division chief of Anti-unfair Competition Division of Competition Law Enforcement Bureau; From March 2005 to October 2006, temporarily transferred to Legislative Affairs Office of the State Council and participated in the review and revision of Anti-Monopoly Law (Draft);
From 2008-2009, acted as the division chief of Anti-unfair Competition Division of Competition Law Enforcement Bureau and participated in organizing the revision of Anti-unfair Competition Law; in December, 2008, SAIC submitted the Anti-unfair Competition Law (draft amendment) to the Legislative Affairs Office of the State Council; From 2009 to the present, acted as the division chief of Legal Guidance Division of Anti-Monopoly Law in Competition Law Enforcement Bureau; participated in organizing the formulation of Guideline of Anti-Monopoly Enforcement in the Field of IPR, Provisions of Industry and Commerce Authorities on Prohibiting Abuse of IPR to Exclude and Restrict Competition, etc.
Mimi Yang
Mimi Yang is a counsel in the Shanghai office of Ropes & Gray. Mimi specializes
in private securities litigation, SEC enforcement matters, and internal
investigations. In this context, she has represented companies, board committees,
and individual officers and directors, and has conducted numerous internal
corporate investigations involving complex accounting and disclosure issues,
whistleblower claims, and potential violations of the Foreign Corrupt Practices Act
(FCPA).
In addition to securities litigation and enforcement matters, Mimi also specializes
in representing and defending Chinese clients in complex commercial litigation,
including contract disputes. She has represented China’s largest television
manufacturer, China’s first investment bank, the largest producer of traditional
Chinese medicine, and various U.S. businesses with a China presence, both in state
and federal courts.
Prior to joining the Shanghai office in 2012, Mimi practiced litigation in the U.S.
Education
JD, New York University School of Law, 2003; Articles Editor, New York
University Law Review
BS, Massachusetts Institute of Technology, 2000; Class of 1945 Scholarship
Admissions
Bar Admissions
California, 2003
Court Admissions
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Northern District of California
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
Languages
Chinese (Mandarin)
English
Memberships & Affiliations
The State Bar of California, Litigation and International Law Sections
Xingang (Scott) Yu
Partner Beijing Office
Bar Administration: PRC, 1997 New York, USA, 2007
Education:
LL.M., University of University of California at Berkeley, School of Law (Boalt Hall), Berkeley, California, USA, 2003 Visiting Scholar, University of Paris 1 (Pantheon-Sorbonne), Paris, France, 1999 LL.M. (2000), LL. B (1996). Renmin University of China, School of Law, Beijing, PRC
Language:
Native Chinese; fluent in spoken and written English
Scott Yu's practice focuses on the cross-border M&A transactions, anti-trust, FDI and corporate matters. Scott Yu has extensive experiences in advising international clients across various industries and sectors on corporate law and competition law issues in their investments and operations in China. His working experiences with leading PRC, Hong Kong and US law firms enabled him to develop solid legal knowledge and expertise as well as the skills of working for clients with different cultural backgrounds. He has acted as the lead counsel in a number of mega sized acquisitions and joint venture projects, including certain billion-dollar-value joint venture projects and acquisitions. Scott Yu was named as one of the Top 20 Client Choice Lawyers in China by Asian
Tel： +86-10-5957-2078
Mobile: +86-1370-109-4770
Fax： +86-10-6568-1838
Email： [email protected]
Legal Business Magazine in 2012.
Leslie Zhang
Mobile: (86)139 111 925 83
E-mail: [email protected]
Head of Advisory & Consulting Services Team
Head of International Cooperation & Merger/Acquisition Team
Legal department
China National Offshore Oil Corporation
Mr. Zhang is the Head of consulting team and head of M&A team in CNOOC Legal
Department. He is now supervising 13 in-house counsels in the said two teams. Mr. Zhang
has worked for various international SOEs, such as Petrochina, CITIC and CNOOC
respectively, in the past 10 years. He is the core member of legal team representing CNOOC
on its USD15.1 billion acquisition of Nexen Inc and has extensive work experiences on
large-scale cross-border transactions.
Main responsibilities:
Responsible for corporate compliance, listing company disclosure, contracts review and risk
control for CNOOC Group and its key subsidiaries, EPC contracts and construction contracts,
Joint Venture, bonds insurance, loan facilities, shipping contracts, IP contracts and SPAs,
legal advices for daily operation and management, supervise and manage the legal risks of
CNOOC Group and its main subsidiaries/affiliates
Responsible for overseas M&A transactions, participate in project finance, establishment,
maintenance and operation of overseas entities and project companies ensuring legal
compliance with local laws and regulations including dealing with disputes and litigations
arising from the operations of overseas entities
Main M&A experiences:
Assisted CNOOC with its US15.1 billion acquisition of all outstanding common
shares and preferred shares of Nexen Inc by means of plan of arrangement.
Assisted CNOOC with its US$1.5 billion acquisition of 1/3 working interests in
Uganda EA block 1/2/3 from Tullow.
Assisted CNOOC with its US$2.1 billion acquisition of all issued and
outstanding shares of OPTI Canada by means of plan of arrangement.
Assisted CNOOC with its CAD 145 Million acquisition of 60% shares in Northern
Cross Yukon by means of purchase of shares from existing shareholders and
subscription of newly issued shares.
Assisted Bridas Corporation (a subsidiary of CNOOC) in its US$ 7.06 billion
acquisition of 60% shares in Pan American Energy from BP.
Assisted CNOOC with its US$1.1 billion acquisition of 33.33% shale gas rights
from Chesapeake in Niobrara.
Assisted CNOOC with its US$2.16 billion acquisition of 33.33% shale gas rights
from Chesapeake in Eagle Ford.
Assisted CNOOC with its US$3.1 billion acquisition of 50% shares in Bridas
Engergy from BEH.
Assisted CNOOC with an integral LNG project in relation to acquisition of 5%
upstream interests and 10% midstream interests from British Gas, set-up of a
50-50 shipping JV
Assisted CNOOC with its acquisition of upstream interests and relevant integral
middle stream and pipeline interests from Tullow in Uganda.
Assisted CNOOC with its US$1.3 Billion acquisition of 20% interests in Block 32,
Offshore Angola.
Yizhe Zhang Partner
Areas of Focus Antitrust & Competition Law
Honors & Distinctions Recognized among "associates to watch" in China antitrust by Chambers Asia 2012
Languages Chinese (Mandarin) and English
Education Columbia University (LL.M. 2006); Peking University (Master's in International Law 2003); Zhongnan University of Economics, Finance and Law (Bachelor's in Law 2000)
Bar Admissions New York
Government Service Anti-Monopoly Office, Ministry of Commerce, People's Republic of China (2003-2005)
Beijing 86.10.5866.1111 86.10.5866.1122 (F)
Yizhe Zhang has extensive experience with complex antitrust andcompetition law issues. She represents clients in merger reviews,antitrust government investigations and enforcement actions, antitrust counseling and compliance, and private antitrustlitigation. She has worked across numerous industries, includingautomotive, aviation, chemical, technology, pharmaceuticals,energy/natural resources, retail, and transportation.
Her representative clients include Adobe, Arrow Electronics,Bekaert, Cliffs Natural Resources, General Motors, KochIndustries, Procter & Gamble, Rio Tinto, Sumitomo Corporation,SAP, and Texas Instruments.
Before joining the Firm, Yizhe worked for China's Anti-Monopoly Office of the Ministry of Commerce (MOFCOM) and was heavilyinvolved in the drafting of the PRC Anti-Monopoly Law and other regulations for foreign mergers and acquisitions. Yizhe worked inJones Day's Washington antitrust practice before relocating to Beijing.
She is a co-author of Anti-Monopoly Law and Practice (Oxford University Press, 2011), a treatise on competition law in China.She is a contributor of the China chapter of the book Antitrust Issues in International Intellectual Property Licensing Transactions (ABA Publication, 2012). She frequently publishesarticles related to China's Anti-Monopoly Law.
She is admitted to practice in the state of New York.
2.8. 许昆林 / Xu Kunlin
许昆林先生现任国家发展和改革委员会价格监督检查与反垄
断局局长。他从 2009 年 12 月份开始任国家发展改革委价格监
督检查司司长，2011 年 12 月开始任国家发展改革委价格监督
检查与反垄断局局长。许昆林局长一直高度重视并积极推进中
国反价格垄断的立法、执法工作和国际交流合作。国家发展和
改革委员会出台了《反价格垄断规定》和《反价格垄断行政执
法程序规定》两部反垄断配套规章，组织查处了一批价格垄断
案件，与美国、欧盟、英国、日本、韩国等国家和地区反垄断
执法机构之间的交流合作不断深化。
许昆林局长长期在政府部门从事价格管理工作，具有非常丰富的价格管理、价格监督检查及
反垄断工作经验。1990 年开始，他历任国家物价局收费管理司、国家计委价格管理司副处
长，国家计委收费管理司、价格司处长，国家发展计划委员会价格司、国家发展和改革委员
会价格司副司长，国家发展和改革委员会价格监督检查司司长、价格监督检查与反垄断局局
长。
Mr. Xu Kunlin currently works as the Director General of the Price Supervision and Inspection &
Anti-monopoly Bureau at the National Development and Reform Commission (hereinafter
referred to as NDRC). He started to serve as the Director General of the Price Supervision and
Inspection Department from December 2009 and appointed as the Director General of the Price
Supervision and Inspection & Anti-monopoly Bureau at NDRC in December 2011. Mr. Xu Kunlin
has paid much attention to and actively promoted legislation, enforcement and international
cooperation related to anti-price monopoly. Up to now, the NDRC has promulgated two antitrust
regulations i.e.Regulations on Anti-price Monopoly and Administrative Enforcement Procedures
on Anti-price Monopoly, dealt with a number of price-fixing cases, and deepened its
communicationa and cooperation with anti-monopoly enforcement authoriites of the United States,
the European Union, the United Kingdom, Japan, Korea, etc.
Having been engaged in price management at government for many years, Mr. Xu has gained rich
experience in price management, price supervision & inspection and antitrust area. Since 1990 he
has successively served as Deputy Director of the Fee Management Department at State Price
Bureau and the Price Management Department at State Planning Commission, Director of the Fee
Management Department and the Price Department at the State Planning Commission, Deputy
Director General of the Price Department at the State Development Planning Commission and
National Development and Reform Commission, Director General of Price Supervision and
Inspection Department and later the Price Supervision and Inspection and Anti-monopoly Bureau
at NDRC.
2.9. 尚明 / Shang Ming
尚明 ，法学博士，现任商务部反垄断局局长。历任外经贸部
条法司处长、副司长、商务部公平贸易专员、条法司司长。
长年从事对外经贸及商务法律工作，主要包括：双边及多边
贸易协定、投资协定及知识产权协定等谈判；内外贸外资外
经等方面的立法；重大贸易纠纷及知识产权的政府磋商；W T
O 法律事物和争端解决；反倾销、反补贴等贸易救济措施案件
的调查和应诉指导；反垄断立法、经营者集中反垄断审查、
反垄断海外应诉指导等。
教育经历：中国外经贸大学法学院国际经济法博士中国外经贸大学法学院国际经济法硕士中
国吉林大学法律系法律硕士曾作为意大利国际统一私法协会及瑞士比较法研究所访问学者；
参加美国哈佛大学全球商业管理高级研修班及伊利诺依大学高级经济研究班等。
主要成果：涉及反垄断方面的主要著作包括：《反垄断-主要国家与国际组织反垄断法律与实
践》、《对企业滥用市场支配地位的反垄断法规制》、《中华人民共和国反垄断法-理解与适用》、
《企业并购反垄断控制—欧盟立法执法经验》等。
Dr. Shang Ming, who holds a PhD degree in Law, is now the Director General of the
Anti-Monopoly Bureau of Ministry of Commerce (MOFCOM). He has served successively as a
Director and Deputy Director General of the Department of Treaty and Law of MOFTEC
(Ministry of Foreign Trade and Economic Cooperation), Fair Trade Commissioner of MOFCOM,
and Director General of the Department of Treaty and Law of MOFCOM. He has been long
dedicated to the foreign trade and business law practice, mainly including: negotiations on
bilateral and multilateral trade agreements, investment agreements and intellectual property
agreements; legislation on domestic and international trade, foreign investment and foreign
economic relations; inter-governmental consultations on significant trade disputes and intellectual
property; WTO legal affairs and disputes settlements; the investigation of cases involving trade
remedy measures such as anti-dumping and countervailing duties, and guiding Chinese
undertakings to respond to legal actions abroad relating to the said and anti-monopoly measures;
legislation on competition laws and rules, and review of concentration of undertakings, etc.
Education：
Phd in International Economic Law, Law School, University of International Business and
Economics
Master in International Economic Law, Law School, University of International Business and
Economics
Bachelor of Law, Law School, Jilin University
He was a visiting Scholar of the International Institute for the Unification of Private Law
(UNIDROIT) in Italy and Swiss Institute of Comparative Law. He participated in the advanced
course on global business management at Harvard University and advanced course on economics
at University of Illinois.
Publications:
Dr. Shang’s main works relating to competition law include: “Anti-monopoly: Anti-monopoly
laws and practices of major countries and international organizations”, “Anti-monopoly regulation
on abuse of dominant market position by undertakings”, “Anti-monopoly Law of the People's
Republic of China: Understanding and application” and “Merger Control: Experiences from EC
Legislation and Law Enforcement”, etc.
2.10. 任爱荣 / Ren Airong
任爱荣 女，现任国家工商行政管理总局反垄断与反不正当竞
争执法局局长。1981 年至 1988 年在中国政法大学就读，获法
学硕士学位。1988 年 7 月至 2003 年 11 月就职于国家工商总
局法规司，先后任干部、副处长、处长，参与了《反不正当
竞争法》、《合伙企业法》、《无照经营查处取缔办法》、《工商
行政管理机关行政处罚程序规定》等草论证工作。2003 年 11
至 2009 年 3 月任国家工商总局企业注册局副局长，参与了《公
司法》修订、《企业登记程序规定》、《股权出资登记管理办法》
等制定工作，在企业登记制度改革、企业信用分类监管方面
进行了积极有益探索。2009 年 3 月至 2012 年 3 月任中国工商出版社社长，成功组织了出版
社转企改制，强化刊物的专业深度，组织出版了一批有重要价值的图书。2012 年 3 月至今
任国家工商行政管理总局反垄断与反不正当竞争执法局局长。组织了《反垄断法》相关配套
规定制定和《反不正当竞争法》修订工作，进一步加大了反垄断和反不正当竞争执法力度，
推进了垄断案件的公布。
REN Airong, Director General of Anti-monopoly and Anti-unfair Competition Enforcement
Bureau of the State Administration for Industry and Commerce(SAIC).
From 1981 to 1988 Ms. REN Airong studied in China University of Political Science and Law and
got her bachelor and master of law.
From Jul. 1988 to Nov. 2003 she worked as staff, Deputy Director and Director of Law
Department of SAIC and participated in drafting of “Anti-unfair Competition Law”、“Partnership
Enterprise Law”、“Regulation on Handling and Banning Unlicensed Undertakings”、“Regulation
on the Industry and Commerce of Procedure for Administrative Penalty”.
From Nov. 2003 to Mar. 2009 she worked as Deputy Director General of Enterprise Registration
Bureau of SAIC and participated in the revising of “Company Law” and the drafting of
“Regulation on Enterprise Registration Procedure” 、 “Regulation on Equity Investment
Registration” and made an active exploration in enterprise registration system reform, enterprise
credit classification supervision ,etc.
From Mar. 2009 to Mar. 2012 she worked as the President of Industrial and Commercial Press of
China. She successfully leaded the restructuring work that make the Press into enterprise, and
strengthened the professional of the publication and published a number of meaningful books.
From Mar. 2012 to present Ms. REN worked as Director General of Anti-monopoly and
Anti-unfair Competition Bureau of SAIC . She lead the drafting of related regulations on
“Anti-monopoly Law” and the revising of “Anti-unfair Competition Law” and promoted the
enforcement of competition law and increased the publication of cases information.
2.11. 孔祥俊 / Kong Xiangjun
孔祥俊，山东定陶人。法学（民商法）博士、博士后。现任
最高人民法院知识产权庭庭长、高级法官。曾就职于山东省
菏泽市中级法院经济审判庭、国家工商局公平交易局；历任
最高法院审判员、行政庭副庭长。
独著著作 20 部。主要有：《民商法新问题与判解研究》、《中
国集体企业制度创新》、《公司法要论》、《合同法教程》、《反
不正当竞争法的适用与完善》、《反不正当竞争法新论》、《反
垄断法原理》、《商业秘密保护法原理》、《WTO 知识产权协定
及其国内适用》、 《WTO 法律的国内适用》、《法律解释方法与判解研究》、《法律规范冲突
选择适用与漏洞填补》等。合著专著 10 余部，发表专业文章 200 余篇。
Judge Kong was born at Dingtao, Shandong Province. He held a Ph.D degree (Civil and
Commerci al Law) and had served a post -doctor position. He is currently the Chief Judge of the
Intellectual Property Tribunal of the Chinese Supreme People’s Court. Prior to this, he served as