The BRICS Competition Law and Policy Forum

We aim to launch an annual BRICS Competition Law and Policy Workshop bringing together academics thinking critically about these areas of law and the heads of the competition authorities of the BRICS jurisdictions and heads/representatives of economic regulators (independent administrative authorities and ministerial departments), with representatives of the business community and consumer organizations to discuss competition policy and regulatory developments that are of particular importance for the BRICS economies.

The intellectual ambition of the BRICS Competition Law and Policy Workshop is to:

· Establish a high profile discussion forum for BRICS competition and economic regulation authorities to develop common thinking on issues of global competition law and policy and regulatory convergence for which they have a particular interest or for which their interests may converge

· Promote discussion on the role of competition law and policy in the BRICS economies by bringing together the BRICS competition authorities, economic regulators, business representatives, consumer associations and other actors involved in competition policy (e.g. IP authorities, courts)

· Critically reflect on the application of existing models of competition law to the BRICS jurisdictions, on the value of convergence and on the relations between competition law with economic regulation and the specific model of development followed in the BRICS jurisdictions

· Produce theoretical and practical knowledge that may be relevant for the enforcement of competition law in the BRICS jurisdictions and other jurisdictions with similar institutional structures

· Engage in the discussion academics from BRICS jurisdictions, as well as international experts in the field, in order to create a stronger academic community interested in competition law and economic regulation matters in the BRICS and to establish links between different research units in BRICS jurisdictions interested in competition law and policy and economic regulation.

Programme (June 22, 2015) The Boris Yeltsin Presidential Library, St Petersburg

13.00 – 14.00	Registration and welcoming coffee
14.10 – 14.30	Opening addresses: Igor Artemiev, Head, Federal Antimonopoly Service of the Russian Federation Nurlan Aldabergenov, Member of the Board (the Minister) for Competition and Antitrust Regulation of the Eurasian Economic Commission
14.30 – 16.30	Investigations and Prevention of International Cartels: Establishing International Legal Regime within BRICS and United Nations

This session will discuss current efforts to cooperate between BRICS jurisdictions in order to investigate and prevent international cartels. The panel will examine common initiatives (among BRICS) to develop a coherent policy against international cartels and possibilities of cooperation in order to exchange information (including confidential information) and coordinate investigations against international cartels between BRICS competition authorities. Recent international cooperation agreements, such as the Agreement between the European Union and Switzerland (entered into force in 2014, see here, include detailed provisions on exchange of information (including confidential information and even in the absence of agreement by the parties) between the competition authorities of the contracting parties. Can one expect that level of cooperation among BRICS jurisdictions? It is reminded that UNCTAD’s Set Section F.4 includes provisions on consultations and that UNCTAD has launched a collaborative information platform in July 2013. The session will also reflect on the possible emergence of international norms against (international) cartels and how these should look like.

Chair Frederic Jenny, Chairman of the OECD Competition Law and Policy Committee OECD
Presentation (15 minutes) Igor Artemiev, Head, Federal Antimonopoly Service of the Russian Federation
Panelists Nurlan Aldabergenov, Member of the Board (the Minister) for Competition and Antitrust Regulation of the Eurasian Economic Commission Dennis Davis, Judge of the High Court, Professor at the University of Cape Town Seema Gaur, Advisor, Competition Commission of India Norman Manoin, Chairman at Competition Tribunal of South Africa Pradeep S Mehta, Secretary General, Consumer Unity and Trust Society (CUTS) International Siphamandla Mkhwanazi,Competition Commission, South Africa Victor Santos Rufino, Procurador-Chefe Conselho Administrativo de Defesa Econômica – Cade, Brazil Zhu Zhongliang, NDRC Price Supervision and Anti-Monopoly Bureau, PP China (TBC)

16.30 – 17.00	Coffee Break
17.00 – 19.00	Defining BRICS Approaches to Competition Policy in Pharmaceutical & Food Industries

This session will delve into important economic sectors where some convergence or collaboration between BRICS authorities may occur in the future: in particular, the pharmaceutical and food industries. Is there enough common ground among BRICS jurisdictions in these areas of competition law and policy? Is the economic and legal reality similar? Are there similarities in the competitive structure of these industries and the types of anti-competitive conduct brought to the attention of competition authorities and courts similar? Is it possible to agree on some fundamental principles or directions of enforcement? What are the advantages and disadvantages of more cooperation and convergence between BRICS on the competition policy followed in the context of these industries? What should the BRICS response be to anticompetitive behavior in the pharmaceutical & food economic sectors in the BRICS markets? Is there any potential for a coordinated approach?

Chair Alexey Ivanov,Director, Legal Policy and Social Development Department, Skolkovo Foundation, Head, HSE-Skolkovo Institute on Law and Development
Panelists Nurlan Aldabergenov, Member of the Board (the Minister) for Competition and Antitrust Regulation of the Eurasian Economic Commission Dennis Davis, Judge of the High Court, Professor at the University of Cape Town Seema Gaur, Advisor, Competition Commission of India Frederic Jenny, Chairman of the OECD Competition Law and Policy Committee OECD Norman Manoin, Chairman at Competition Tribunal of South Africa Siphamandla Mkhwanazi,Competition Commission, South Africa Victor Santos Rufino, Procurador-Chefe Conselho Administrativo de Defesa Econômica – Cade, Brazil Alexey Sushkevich, Head of Analytical Department at Federal Antimonopoly Service, Russian Federation Andrey Tsyganov, Deputy Head of Federal Antimonopoly Service, Russian Federation Cui Zhiyuan, Professor at Tsinghua University's School of Public Policy and Management, Beijing Zhu Zhongliang, NDRC Price Supervision and Anti-Monopoly Bureau, PP China (TBC)