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International seminar The Antitrust In The Era Of Technological Revolution was held successfully

On December 5th, 2015, the 30th competition law forum sponsored by the Institute for Competition Law, Peking University,”The Antitrust In The Era Of Technological Revolution”was held successfully at academic report hall in Koguan Building of PKU Law School.
The forum invited the relevant departments, academia, the industry and the practice of more than 60 guests to attend. National Development and Reform CommissionPrice Supervision and Inspection and Antitrust Bureau deputy director Li Qing, SAIC antitrust and Anti Unfair Competition Law Enforcement Bureau deputy director Lu Wanli, deputy director of the office of the state Internet Office Li Changxi, director of policy and Regulations Department of industry and information technology division Zhu Xiumei, the Supreme People's Court of intellectual property trial sentenced Zhu Li, et al. The former chairman of the committee, even bargain Competition Law Centre Director of the George Washington University Willam Kovacic, former chairman and members of the association of Asian competition South Korea FTC Competition Policy Advisory Committee Hoil Yoon and other famous competition law experts were invited to attend the meeting to participate in discussions. China Economic Law Research Association Wu Zhipan, vice president Wang Xiaoye, Zhang Shouwen, vice president and secretary general, Shi Jianzhong, vice president, attended the meeting. In addition, there are many scholars in the field of economic law, senior legal Microsoft, Alibaba, Baidu and other well-known Internet companies, Hogan Lovells, Yoon & Yang, Gibson, Dunn & Crutcher LLP, Fonda, cubic, and other well-known strategy partner, competition law center of north part of school teacher, 47 graduate students in reading. School of law, economic law and intellectual property law more than 20 graduate students, third session, Fourth Session of the "Baidu Cup" Chinese youth competition award a total of more than 10 winners attended the meeting and participate in the discussion.
Director of the forum at Peking University, director of the research center of competition law research center, Peking University, Wu Zhipan, vice president of the China Economic Law Research Association, vice chairman of the China Economic Law Research Association, vice president of the competition law professional committee, vice president of China University of Political Science and Law, Shi Jianzhong, vice president of the State Council, the Chinese Economic Law Research Association, vice president and Secretary General Zhang Shouwen, director of the Institute of economic law, Peking University, Professor Xiao Jiangping.


Professor Kovacic Willam, director of the center for competition law, Kong Xiangjun, Li Qing, deputy director, Lu Wanli, deputy director, Wang Xiaoye researcher, Zhu Li, the judges were delivered a keynote speech. Professor Kovacic Willam pointed out that we are in the era of technological revolution,antitrust law enforcement agencies, antitrust lawyers should make adjustments to the knowledge structure, strengthen discipline cooperation, the introduction of professional talent, should pay attention to the education of the future talent, and establish an experience based on the experience of the whole ball. Kong Xiangjun researcher analyzed the relationship between intellectual property protection and competition policy, intellectual property rights protection and the deadline are directly related to the competition, to curb the abuse of intellectual property rights is the key to the competition. Li Qing, deputy director pointed out that competition is the driving force of innovation, maintenance and innovation is the government's responsibility and basic guidelines, should promote the normalization of antitrust law enforcement, the implementation of a fair competition review system to determine the basic position of competition policy. Lu Wanli, deputy director of the view that the competition policy as a basic policy to strengthen competition law enforcement, so as to deepen the practice, strengthen the development of policy, and actively carry out communication activities. Wang Xiaoye researcher on the criteria necessary for the special nature of the patent, which means that the standard essential patents are very important, in the field of anti-monopoly law is appropriate, in addition, the "antitrust law" first whether the fifty-fifth means in the intellectual property law, the law will be excluded from the application of anti-monopoly law, but also need to further explore. From the judicial point of view, the court has made a summary of the changes of the anti unfair competition law, the court is more emphasis on the protection of the interests of diversification and the evaluation of the effect of competition.


Then enter the three special research, namely the competition policy and industrial policy, intellectual property abuse of the competition law regulation; Internet unfair competition regulation, privacy protection, network security; computer software and Internet antitrust, operators and consumers balance.
The first topic "competition policy and industrial policy, intellectual property abuse of competition law", by the national development and Reform Commission Price supervision and inspection and Antitrust Bureau deputy director Li Qing, Beijing Jiaotong University law school professor Zhang Ruiping, Peking University School of intellectual property rights, Peking University, director of the network research center director Zhang Ping made the "personal information protection legislation discussion and empirical analysis" report, stressed the need for the protection of personal information in the Internet era, and called for special legislation. China and South Korea market regulation and law research center of Renmin University of China School of law (MRLC) China executive director Meng Yanbei in the "report" on the relationship between law enforcement agencies and government departments of the antitrust industry regulation in China, and analyzes the relationship between competition policy and industrial policy, calling for the establishment of industrial policy of friendly competition. Department of industry and information technology policy and regulations division of the policy research department director Zhu Xiumei from different time stages, regional development differences and the three perspectives of the naive industry and mature industry, what is a good industrial policy. Han Wei, a teacher at China Youth University for Political Science, introduced the research results of the patent claims entity (PAE) in the report of the antitrust of the patent claims entity. And talking about the national development and Reform Commission Price supervision and inspection and Antitrust Bureau antitrust investigation two deputy director Wu Dongmei talked about the experience in the antitrust guide research and drafting work, believe that the market should respect the interests of the community, to maximize the benefits, adhere to the principle of rule of law. Beijing City cubic law firm partner, director Xie Guanbin believes that the current case of abuse of intellectual property rights, should be back to the basic principles of competition law, a reasonable economic analysis. Qin Jian, senior legal manager of Baidu Inc, discussed the definition of market definition, market share and abuse of market dominant position in the Internet industry. Luo Shenghua, associate professor at the National Institute of justice, stressed that the use of intellectual property rights cases, should pay attention to the combination of multiple departments.
Gibson, Dunn & Crutcher LLP's Hongkong office partner Sebastien Evrard in "The role of antitrust law in the protection of cyber security and online privacy" report that privacy protection importance in the era of big data, privacy and antitrust in the future may overlap, the anti-monopoly law enforcement departments should pay attention to. China University of Political Science and Law School of civil and economic law economic law research institute director Liu Jifeng in the "report" principle of network neutrality theory in dispute of network neutrality legislation trend, aiming at the problem of risk, legal basis, principle and implementation way were discussed. Wuhan University law school doctor Dong Wei in the "business bother prevention and control system" in contrast to the domestic and foreign commercial annoyance prevention and control system. Dai Long, associate professor of international law at China University of Political Science and Law, has done a report on unfair competition and monopoly in online sales, which suggests that the Internet is unfair competition, delete and overlap, reduce the burden of proof of the victims or consumers. And talk to the people Alibaba group, a senior forensic expert Chen Wenxuan believes that the interests of the operators and the interests of consumers may be consistent, there may be a conflict, should be in the non public interest need not interfere with the principle of balance between the two. Beijing strategy law firm partner Xie Huisheng proposed, should comply with the changes in the era of technological change, to protect consumers from monopoly.
Third topics related to the Internet industry, the definition of computer software / Internet antitrust, operators and consumers balance, by the Wuhan University Institute of economic law, deputy director of the Institute of Intellectual Property Law Institute Changning determined, the State Administration for Industry and commerce to compete Law Enforcement Bureau of antitrust Zhao Guobin presided over the. South Korea Seoul Yoon & Yang partner, former chairman and members of the association of Asian competition South Korea FTC Competition Policy Advisory Committee Hoil Yoon issues related to mobile in "Antitrust technology and free software Korean experience" was introduced in South Korea, in the field of Internet abuse of intellectual property antitrust experience, and puts forward three suggestions: the antitrust law enforcement should apply to global standards rather than local standards; applying economic analysis to law enforcement protection and protection of competition caution; competitors. Shanghai City People's Congress Standing Committee Wang Shaonan in "tying in two-sided markets: bringing forward problems and ideas", we can analyze the competition effect of the market from the market sales, consumer welfare and technological progress angle. Dong Huijuan, an assistant professor of the Institute of intellectual property rights, in the case of the first case of browser filtering in our country, is a case in which the user interests are considered. And the director of the competition policy of the national development and Reform Commission of the people's national development and Reform Commission, Zhou Zhigao discussed the relationship between the whole and the local government inaction and the relationship between the government inaction and promising, industrial policy and competition. Microsoft (China) Rinkema Dick, senior director of competition law, proposed that China's industrial policy and competition policy is changing the world, scholars, government and social participation in this process is very important. Fonda law firm senior partner Han Liang discussed the modesty of the anti-monopoly law, the anti-monopoly law enforcement authorities that the age of the Internet market regulation is very important. Lovells Adrian 3Q Hogan, a partner at law firm Emch, made a statement on whether or not to demonstrate the consequences of the damage and how to evaluate the consequences of the damage.
The closing ceremony of the forum was chaired by Professor Yang Ming of Peking University law school. Wu Tao, executive vice president of Central University of Finance and Economics law school, a meeting summary. He spoke highly of the competition law forum at Peking University, and considered that this forum has a broad range of authority and representative, the theme of the research, the theory and the diversity of the research methods. Zhang Chenying, director of the center for competition law research at Tsinghua University, points out that the topic of this seminar is very fit for the era of technological change. Whether it is the destruction or beyond, we are inevitably caught in it. World is changing The, technological change is not limited to the anti-monopoly law, but also the topic of this era. Xiao Jiangping, director of the center for competition law research center, the experts, teachers and students to express once again sincerely thank.
In the opening session of the conference, at the same time for the third, the fourth Baidu Cup China Youth Competition Law award ceremony. The third and fourth essay by Chinese research economic law research center of competition law professional committee and Peking University jointly organized the competition law. Peking University competition law research center to undertake the organization work, the Chinese Economic Law Research Association competition law professional committee to undertake the selection work, and by the chairman of Professor Wang Xiaoye presided over anonymous review. The third anonymous judges: Chinese Academy of Social Sciences, Peking University, Renmin University of China, China University of Political Science and Law, foreign economic and Trade University, the Supreme People's court, the national development and Reform Commission, the State Administration for Industry and commerce. Anonymous judges from the fourth: Chinese Academy of Social Sciences, Peking University, Tsinghua University, Renmin University of China, China University of Political Science and Law, Central University of Finance and Economics.


The preparation of this forum is completely in charge of the Institute for Competition Law, Peking University. At present, there are 47 students in the center of the school. The previous research on broad employment prospects, including the whereabouts of all kinds of enterprises, government supervision departments, legal departments or abroad to continue learning. 2012, 2013, 2014 of the graduates in the direction of competition law, organs of the Ministry of Commerce, China Securities Regulatory Commission, the food and drug administration, Tobacco Monopoly Bureau, Safety Supervision Bureau,the Beijing intermediate people's court, the Third Hospital, workers and peasants in the construction of "the four", CDB, CITIC, China Merchants Bank, Beijing, CSI Gordon, Xinhua, China Merchants Securities, insurance and other financial institutions, Fonda, Freshfields, Aaron, cubic, HanKun etc. firms and office, has played in their respective positions on the more and more important role.


Translated by: Liu Xin

Edited by: Deng Bowen