Visit by Chinese Government Interagency delegation to discuss AML implementing regulations and competition policy issues in the U.S. and China. March 22, 2009 - March 29, 2009 Sunday, March 24, Washington, DC Triways to greet delegation at Dulles International Airport Baggage Claim UA 898 H 22MAR S PEK IAD 0600P 0721P 777 Please bring a sign stating “China AML delegation/US Chamber of Commerce” Geoff Jackson, USTDA will meet delegation at Georgetown Latham hotel Monday, March 23, Washington, DC 7:45am Van pick up at Georgetown Latham 3000 M Street, NW, Washington, DC 20007, (202) 726-5000 and take delegation to Commercial Office (2201 Wisconsin Avenue, NW, Suite 110, Washington, DC 20007 8:30 pick up delegation from Commercial Office and take the delegation to 1000 Wilson Blvd, Suite 1600 Arlington, VA 9:00am – 9:45am Welcome meeting & Introduction at USTDA 9:45-10:00am Van to drive delegation to US Chamber of Commerce 10:00-4:00pm Session One: Economic Analysis Location: Briefing Center all day How to evaluate the impact on market competition by concentration of undertakings. Relevant market definition methodologies and their applications in complicated cases. Essential factors in the identification and review of concentration cases that may cause serious competition problems Economic analysis of unilateral conduct and dominant market players Economic analysis of government actions Economic analysis of IP licensing Confirmed Speakers: (1) Doug Melamed, Wilmer Hale, LLP (2) David S. Evans, Law & Economics Consulting Group (3) Greg Leonard, NERA Economic Consulting 1 Becky Fraser 1 (202) 834-2578 Ms. Ni YUAN MEGGARS: 831-224 4524 (cell) Ms. Cricia LEE: 831-2224 7727 (cell) Mr. Chen Hao HSU: 408- 712 3960 (cell) Driver: Mr. Xinjian (David) Wang mobile: 1 (917) 9074333 12:00-2:00pm Lunch at Chamber (3M conference room) 4:30 pm Van to drive delegation back to Georgetown Latham 6:15pm van to pick up delegation and drive to Verizon Center (601 F St NW, Washington, DC 20004, (202) 661-5000) 7:00pm Washington Wizards vs. Chicago Bulls 9:00pm van to take delegation to Georgetown Latham Hotel Tuesday, March 24, Washington, DC 7:45am Van pick up at Georgetown Latham 3000 M Street, NW, Washington, DC 20007, (202) 726-5000 and take delegation to Commercial Office (2201 Wisconsin Avenue, NW, Suite 110, Washington, DC 20007 8:30 pick up delegation from Commercial Office and take the delegation to Pennsylvania Avenue entrance near the 17th Street intersection across from the Blair House. Enter through security gates 9:00am National Security Council Eisenhower Executive Office Building Room 430 B/C Please use the Pennsylvania Avenue entrance near the 17th Street intersection across from the Blair House 11:45 Lunch Sichuan Pavilion 1:45pm van to take delegation from 18th & K to Federal Trade Commission (FTC) 6th Street, NW, Washington, DC. 2:00-5:00pm U.S. government meetings at Federal Trade Commission 5:00pm Van to pick up delegation and transport them to dinner at Commercial and Economic Section. 7:30pm Van to drive delegation to hotel Wednesday, March 25 Washington, DC 7:45am Van pick up at Georgetown Latham 3000 M Street, NW, Washington, DC 20007, (202) 726-5000 and take delegation to Commercial Office (2201 Wisconsin Avenue, NW, Suite 110, Washington, DC 20007 2 Becky Fraser 1 (202) 834-2578 Ms. Ni YUAN MEGGARS: 831-224 4524 (cell) Ms. Cricia LEE: 831-2224 7727 (cell) Mr. Chen Hao HSU: 408- 712 3960 (cell) Driver: Mr. Xinjian (David) Wang mobile: 1 (917) 9074333 8:30 pick up delegation from Commercial Office and take the delegation to U.S. Chamber Location: 3M/RJR Room US Chamber of Commerce 9:00- 12:00pm Session Two: Challenges in managing competition cases: Mergers Case Studies on recent decisions in both countries – the process, analysis and public engagement. Merger notification thresholds Merger review process issues Nature/extent of information required in the initial notification Second phase review Analytical Techniques commonly used to conduct antitrust merger analysis by government agencies, the courts, and private parties in the US. Confirmed Speakers: (1) Tad Lipsky, Latham & Watkins (2) Jim Rill, Howrey (3) Paul Yde, Freshfields (4) Mary Coleman, Law & Economics Consulting Group 12:00 – 2:00pm Lunch 2:00pm – 5:00pm Session Three: Chinese delegation to offer presentations on AML status and details to U.S. stakeholders at U.S. Chamber of Commerce Session will be open to interested parties and will be several hours in length. Implementation Process for the AML in China Status of Implementing regulations – process, specific regulations Role of the different agencies and their interface Resources and dialogues Speakers: Chinese delegation participants to offer presentations 5:30pm Van to take delegation to Georgetown Latham Thursday, March 26, Washington, DC, 7:45am Van pick up at Georgetown Latham 3000 M Street, NW, Washington, DC 20007, (202) 726-5000 and take delegation to Commercial Office (2201 Wisconsin Avenue, NW, Suite 110, Washington, DC 20007 8:30 pick up delegation from Commercial Office and take the delegation to US Chamber Location: 3M/RJR Room US Chamber of Commerce 3 Becky Fraser 1 (202) 834-2578 Ms. Ni YUAN MEGGARS: 831-224 4524 (cell) Ms. Cricia LEE: 831-2224 7727 (cell) Mr. Chen Hao HSU: 408- 712 3960 (cell) Driver: Mr. Xinjian (David) Wang mobile: 1 (917) 9074333 9:00 - 12:00pm Session Four: This session would address the application of the AML to SOEs and the importance of protecting and promoting intra-China and international competition in sectors with SOEs. 1. Practical analysis of transactions involving SOEs a. Evaluation of how cost is calculated and the role of market power b. Pricing issues 2. Government actions which are abusive of administrative powers 3. Standards US courts apply when US states try to (1) limit competition for state purposes and (2) apply measures that lessen commerce/competition between states. Confirmed Speakers: (1) Eleanor Fox, New York University School of Law (2) Shanker Singham, Squire, Sanders & Dempsey (3) Don Baker, Baker & Miller (4) Spencer Waller, Institute for Consumer Antitrust Studies 12:00-2:00pm Lunch 2:00- 5:00pm Session Five: Challenges in managing competition cases: Cartels and Agreement Issues This would focus on how to distinguish between hard-core cartels and other non-cartel horizontal agreements and vertical agreements. Wholesaler pricing Pricing to consumers including resale price maintenance; maximum resale prices; and discriminatory pricing Distribution issues including partnerships with local companies; sales and distribution joint ventures; exclusivity and long-term agreements Analytical Techniques commonly used to conduct antitrust analysis by government agencies, the courts, and private parties in the US. Rule of Reason Confirmed Speakers: (1) Yee Wah Chin, Ingram Yuzek Gainen Carroll & Bertolotti (2) David Clanton, Baker & McKenzie (3) J. Mark Gidley, White & Case 5:30pm Van to take delegation to Georgetown Latham Friday, March 27 Washington DC 7:45am Van pick up at Georgetown Latham 3000 M Street, NW, Washington, DC 20007, (202) 726-5000 and take delegation to Commercial Office (2201 Wisconsin Avenue, NW, Suite 110, Washington, DC 20007 4 Becky Fraser 1 (202) 834-2578 Ms. Ni YUAN MEGGARS: 831-224 4524 (cell) Ms. Cricia LEE: 831-2224 7727 (cell) Mr. Chen Hao HSU: 408- 712 3960 (cell) Driver: Mr. Xinjian (David) Wang mobile: 1 (917) 9074333 8:30 pick up delegation from Commercial Office and take the delegation to US Chamber Location: 3M/RJR Room US Chamber of Commerce 9:00 – 12:00pm Session Six: Managing the interface with IP and antitrust evaluation of IP licensing and other IP related activities Discuss U.S. IP law fundamentals Discuss patent and other intellectual property from a consumer welfare enhancement view-point Treatment of standard-setting and competition policy Analytical framework for evaluating licensing practices (adverse impact on competition that would have existed absent the license). Importance to antitrust analysis of distinguishing between complementary and substitute technologies, and evaluating whether the relationship between the parties is horizontal or vertical in nature Confirmed Speakers: (1) Jon Gleklen, Arnold & Porter (2) Shanker Singham, Squire, Sanders & Dempsey (3) Evan Cox, Covington & Burling 12:00- 2:00pm Lunch 2:00- 5:00pm Session Seven: Challenges in managing competition cases: Single Firm conduct cases (1) Pricing (2) Bundling (3) IP-related issues (4) Investigative techniques and procedure of enforcement (5) Analytical Techniques commonly used to conduct antitrust analysis by government agencies, the courts, and private parties in the U.S. Confirmed Speakers: (1) Bill Kolasky, WilmerHale (2) Mike Denger, Gibson Dunn (3) Rick Rule, Cadwalader (4) Mark Whitener, GE 5:30 pm Van to drive delegation back to Georgetown Latham Saturday, March 28th Site seeing and free time in Washington, DC Sunday, March 29th UA 897 H 29MAR S IAD PEK 1222P 0220P 777 5 Becky Fraser 1 (202) 834-2578 Ms. Ni YUAN MEGGARS: 831-224 4524 (cell) Ms. Cricia LEE: 831-2224 7727 (cell) Mr. Chen Hao HSU: 408- 712 3960 (cell) Driver: Mr. Xinjian (David) Wang mobile: 1 (917) 9074333