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WORKSHOP AGENDA

 

Session 1: Latest Competition Enforcement Updates

Since the Hong Kong Competition Ordinance came into force on 14 December 2015, the Competition Commission has been very active. With 10 reported raids and close scrutiny of trade association activities, are you fully prepared for the unlikely event of a dawn raid?

• Update of recent activity of the Hong Kong Competition Commission
• Overview of the powers of the Hong Kong Competition Commission under the Competition Ordinance
• The cost of getting it wrong

Group discussion: The first hour of a dawn raid What are the key considerations? What to look out for? Who to call?
• Initial steps
• Key staff
• Managing internal and external communications

 

Session 2: Best Practices in Handling Electronic Data

With the broad powers of the Competition Commission extending to electronic data, how ready is your legal and IT team in handling the Commission’s requirements for email, voicemail, information stored on your company's servers etc.?

• Mitigating the impact – Managing electronic data before a raid occurs
• The importance of the IT team – Are they prepared?
• Approach to seizing documents of various regulators and law enforcement authorities (ICAC, SFC and more) in Hong Kong*

Group discussion: Common issues and difficulties that arise during a raid in a paperless environment – BYOD policies, off-shore servers, restricted access

* This section will be presented by a guest presenter from Herbert Smith Freehills' Corporate, Crime and Investigations team

 

Session 3: Effective Interview Techniques during a Raid [Simulation Exercise]

This session highlights the scope, duration and key legal and practical considerations facing a company during a dawn raid. Experience how to answer tough questions posed by officials from the Competition Commission, highlighting key issues of privilege and privacy.

• Difficulties that arise for multi-product or multi-service companies
• Privilege, relevance and privacy
• Securing the premises overnight

Simulation exercise: Live mock interview with critique from the workshop leaders on tips and pitfalls to avoid during an interview with the competition authority

 

Session 4: The Next Phase: Managing Reputation Risk, Leniency & Multijurisdictional Impact

Dawn raids are often only the start of a prolonged investigation process. Learn how to tackle reputational risk, effects across business streams and jurisdictions by working through a real life example on how a company managed a lengthy competition enforcement process that spanned several jurisdictions.

• External communications and mitigating reputational risk
• Internal audits in target business and other business streams
• Leniency and/or ongoing cooperation with the authority
• The bigger picture – Assessing whether there is an impact in other jurisdictions

Exercise and case study: Work on a real life example on uncovering a global cartel in the automotive parts industry

 

*Topics will be covered with hands-on practical exercises & case study examples..

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