10TH OECD/KPC COMPETITION LAW SEMINAR FOR ASIA-PACIFIC JUDGES FEBRUARY 2021

The tenth OECD/ Korea Policy Centre Competition Law Seminar for Asia-Pacific Judges took place on 4 February 2021

via Zoom. This tenth edition of the Competition Law Seminar for Asia-Pacific Judges was co-sponsored by CLIP and was

held in close cooperation with the Philippines Supreme Court and the ASEAN Secretariat. This was an event that was

meant to be held in November 2020 but due to unforeseen weather events in the Philippines had to be postponed.

The topic was Market definition as an essential tool of competition analysis. The event also marked the Launch of the

OECD / FCA Primer on Market Definition for ASEAN Judges. The Primers are a series of information sheets designed to

offer practical guidance to members of the judiciary when analysing competition cases. The Primers bring together the

Federal Court of Australia’s technical knowledge and first-hand experience with the OECD’s international experience

working with judges and in the ASEAN region. Whilst made in the context of the ASEAN Competition Action Plan, Primers

may be useful for judges from all jurisdictions.

The Seminar started with welcome remarks by Jungwon Song (Director General of the OECD/KPC Competition Programme)

and Ruben Maximiano (OECD). The Seminar included a keynote speech by The Honourable Diosdado M. Peralta (Chief

Justice, Supreme Court of The Philippines). The Seminar also included speeches by Frédéric Jenny (Chairman of the

OECD Competition Committee) and The Honourable Michael O’Bryan (Justice, Federal Court of Australia) on the Launch

of Federal Court of Australia / OECD Primer on Competition for Asian Judges.

The webinar then focused on the Economics of Competition law and the Courts by Frédéric Jenny and then by Ruben

Maximiano (OECD) and Matteo Giangaspero (OECD) on the main aspects set out in Primer on Market Definition, in

particular the main economic principles. This was followed by a session held by Jorge Padilla (Compass Lexecon Europe)

who developed further on the available economic methodologies and tools commonly used and accepted by international

best practices when analysing Market Definition. He presented economic insights on demand analyses (in particular

demand-side substitution and Cellophane Fallacy), critical loss, and price comparisons and correlations. The presentation

also provided illustrative examples.

The tenth OECD/ Korea Policy Centre Competition Law Seminar for Asia-Pacific Judges ended with closing remarks by

Jungwon Song (Director General of the OECD/KPC Competition Programme) and Ruben Maximiano (OECD).