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WORKSHOP OVERVIEW

 

Unexpected. Unforeseen.
Are you Ready when Antitrust Authorities come Knocking?

10 reported raids, 1 leniency application, first case at the Competition Tribunal – the Hong Kong Competition Commission (Commission)’s active enforcement has stirred a sense of urgency for antitrust compliance in local businesses. With criminal penalties, possibility of prosecution and millions of dollars in fines at risk, can you fulfil your obligations and protect the legal position of your company in facing a dawn raid?

First steps: Do you know the scope of search? Which representatives to call? How to manage communications?
The search: Can you shadow effectively? Do you know your rights and privilege? Can you answer difficult questions?
Post raid: Can you maintain ongoing cooperation? Are there any grounds for challenge? Should you apply for leniency?

Join this 1-day workshop to acquire effective anti-trust compliance policies and strategic response strategies to dawn raids. Hear best practices on what to do during the first hour of a raid – initial steps, key staff, managing internal and external communications. Learn key considerations and difficulties in handling electronic data by examining approaches on how the ICAC, SFC and more seize documents. From a real life global cartel example, discover how to tackle reputational risk, manage leniency and assess multijurisdictional impact.

Unique Features

  • First hand insights on what went wrong in real life dawn raids and lessons learnt across hospitality, consumer goods/retail, energy, manufacturing, oil and gas, pharmaceuticals, telecoms, and transport industries

  • Practical sharing on what the Commission looks out for, areas of focus and learning points from the expectations of competition authorities in the UK, EU and Asia

  • Actual case studies on compliance issues and overcoming grey areas in the application of the Competition Ordinance

  • Hands-on exercises including a simulation activity on how to answer tough questions from the Commission during a raid

Programme Highlights

Latest Competition Enforcement Updates

First hour of a raid: What to look out for? Who to call?

Best Practices in Handling Electronic Data

BYOD policies, managing off-shore servers, restricted access

Effective Interview Techniques [Interactive Session]

Live mock interview: Privilege, relevance, privacy considerations

Managing Reputational Risk, Leniency & Multijurisdictional Impact

Managing external communications, ongoing cooperation

Workshop Leaders

 

Mark Jephcott
Partner, Herbert Smith Freehills

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, Hong Kong and Singapore).

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.

In 2015, Mark was appointed by the Competition Commission of Hong Kong to become one of its Non-Governmental Advisers (NGAs) to the International Competition Network (ICN), the global body representing the world's competition authorities.

Mark has acted on a range of major multi-jurisdictional mergers, including many requiring clearance from the Chinese authorities. Mark also has considerable experience in advising clients on behavioural issues and representing clients before the EU and Asian authorities in relation to cartel and abuse of dominance investigations. Mark has particular experience in advising clients in the hospitality, consumer goods/retail, and energy sectors.

 

Adelaide Luke
Registered Foreign Lawyer, Herbert Smith Freehills

Adelaide has considerable experience in all areas of EU and UK competition law and of many of the competition regimes in Asia. Adelaide worked in Herbert Smith Freehills' competition teams in London and Brussels prior to relocating to Hong Kong.

Adelaide's practice encompasses regulatory investigations, merger control, joint venture arrangements, and competition litigation (involving both Article 101 and 102 TFEU issues). She has worked for clients across a number of different jurisdictions and industries, including manufacturing, oil and gas, pharmaceuticals, telecoms, and transport.

Benefits of Attending

  • Hear updates on recent activity of the Commission and overview of their powers under the Competition Ordinance

  • Understand the key considerations during the start of a raid – Initial steps, key staff, internal and external communication

  • Adopt best practice procedures in managing electronic data before a raid occurs to mitigate the impact

  • Learn how to prepare your IT team in handling requirements for email, voicemail and information stored on servers

  • Gain insights on the approaches of various regulators and law enforcement authorities in seizing documents

  • Discover the difficulties that arise in dawn raids of multi-product and multi-service companies and lessons learnt

  • Experience a mock interview in answering tough questions by Commission officials, with tips and pitfalls to avoid

  • Find out how to secure your premises overnight to protect and preserve evidence for continuing search

  • Apply learning points by working on a real life example on uncovering a global cartel in the automative parts industry

  • Pick up tips on how to conduct internal audits in target business and other business streams after a raid

  • Examine how to manage the next phase by mitigating reputation risk and assessing impact in other jurisdictions

Who Should Attend

Senior level in-house legal counsels and executives from Compliance, Management, Finance and IT responsible for managing dawn raids.

To register, click here

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