Webinar

Antitrust in Asia #2 Institutional Design: Should Competition Law be Enforced by Sectoral Regulators?

2nd Webinar of the 7th annual « Antitrust in Asia » Conference organised by Concurrences, in partnership with Facebook and Herbert Smith Freehills with Ruth Chen (Associate General Counsel, Competition & Regulatory, Facebook), Iskandar Ismail (Chief Executive Officer, Malaysia Competition Commission), Frédéric Jenny (Chairman, OECD Competition Committee | Professor, Co-Director, CEDE, ESSEC), Adelaide Luke (Partner, Head of Competition - Asia, Herbert Smith Freehills), Aik Kor Sia (Chief Executive, Competition and Consumer Commission of Singapore) and Rod Sims (Chairman, Australian Competition & Consumer Commission).

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SYNTHESIS

Frederic Jenny began by reminding the difference between competition law and sectoral regulations. Sectoral regulations are an ex ante instrument whereas competition law is an ex post instrument. Regulations are applicable to a specific sector, whereas competition law is usually applicable across sectors. As long as competition law ensures that competition is sufficiently effective, competition law will apply. However, sectoral regulation will apply where competition law is insufficient or inadequate to address competition problems. There are several possible models of relationships between sectoral regulators and competition authorities. For example, in Asia, sectoral regulations existed before the competition authority was installed. In Australia, the competition authority is also a sectoral regulator in some sectors.

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Speakers

  • ESSEC Business School (Cergy)
  • Australian Competition and Consumer Commission (Canberra)
  • Malaysia Competition Commission (Kuala Lumpur)
  • Competition and Consumer Commission of Singapore
  • Meta (Hong Kong)
  • Herbert Smith Freehills (Hong Kong)

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