Workshop

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Subject 9th OECD KPC Competition Law Seminar for Asia-Pacific Judges
Category Workshop Head Office Competition Programme Post
Name 경쟁정책본부 Hit 3245 Create Date 2019-09-24
Date 2019-05-30 ~ 2019-05-31 Location Bangkok, Thailand
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The ninth OECD Korea Policy Centre Competition Law Seminar for Asia-Pacific Judges took place on 30-31 May 2019 in Bangkok (Thailand) under the auspices of the OECD Thailand Country Programme and in close cooperation with the Supreme Court of Thailand and with the ASEAN Secretariat. This ninth edition of the Seminar for Asia-Pacific Judges dealt with Main Challenges in Adjudicating Competition Law Cases. It was attended by 25 judges from Thailand and 25 other participants from Asia Pacific jurisdictions, representing more than 15 jurisdictions.

 

The Seminar started with opening speeches by Peter JK Kim (Director General of the OECD/KPC Competition Programme) and Ruben Maximiano (OECD). The Seminar included keynote speeches by Nopporn Bhotirung-Siyakorn (President, Intellectual Property and International Trade Division, Supreme Court of Thailand) on the newly-enacted competition law in Thailand, Frédéric Jenny (Chairman of the OECD Competition Committee) on the role of economics in courts, and José Luís da Cruz Vilaça (former Advocate General and Judge of the European Court of Justice and President of the Court of First Instance of the European Communities) on EU judicial review in the context of economic matters. The Seminar also included speeches by Woochan Kang (Chief Judge of the Cheonan District Court) on judicial review and economics in the Korean Courts. The key economic concepts were explained in special sessions led by Derek Ritzmann (Adjunct Professor, Hong Kong University) who also participated in a hypothetical case session as an “economic witness”.


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Central to the Seminar were also three panel discussions that took place, with panelists from different jurisdictions. The panels were on:

   - Key challenges for judges in competition cases

   - Admissibility and probative value of economic evidence

   - Presumptions and standard of proof for evidence


For the first panel, the main issues discussed and where there was considerable consensus among the speakers that the interaction and dialogue between judges and economists may give raise to difficulties and that great effort should be put by the experts in the ‘translation’ of economic concepts for the judge.

 

For the second panel, the importance for judges to take economics into the decision making was discussed. As this is needed to ensure that the competitive process in the market is maintained and that in this context it is important and necessary for economic witnesses to be heard in the context of competition cases. However, whilst there was overall agreement that it is important for the court to take into account economic expert witnesses given competition law is an economic law, it is for the judge to interpret and apply the law based on economic and other factual evidence.

 

For the third panel, presumptions can serve as guidance to the judges as well as enabling economic actors to predict how rules would apply. An interesting element discussed was in the context of a relatively recent ASEAN jurisdiction such as the Thai competition regime where the judiciary may need more guidance to facilitate the adjudication of cases.


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In conclusion the two day seminar provided judges with an understanding of fundamental competition economic concepts. It also allowed judges to understand how different jurisdictions adjudicate competition cases, in particular considering the importance played by economics and the role that economic expertise and witnesses may play and how jurisdictions deal with these issues. This will allow judges of Asia Pacific to build their expertise on competition cases.

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