Training workshop on M&As investigative skills


(1)   CUTS International

(2)   Vietnam Competition Administration Department (VCAD), Ministry of Trade, Vietnam


(1)   George Lipimile, Executive Director, Zambia Competition Commission (ZCC);

(2)   Hank Spier, Director of Spier Consulting and Former CEO of the Australian Competition and Consumer Commission (ACCC);

(3)   Sitesh Bhojani, Barrister and Consultant, and Former Commissioner of the ACCC;

(4)   John Preston, Competition Policy Consultant, Department for International Development (DFID), UK

(5)   Patrick Krauskopf, Vice Director, Competition Commission of Switzerland (COMCO)

(6)   Joong-weon Jeong, Director, Cartel Division, Korea Fair Trade Commission (KFTC)

(7)   Al-Muatasem Khair Ad-Deen, Economic Analyst, Competition Directorate – Ministry of Industry and Trade of Jordan

(8)   Marie Fanny Raess Costamagna, COMCO



0800-0830 hrs

Registration and badge collection


0830-0900 hrs

Workshop Opening and Introduction to Workshop Objectives & Agenda


Dinh Thi My Loan, Head, VCAD

Patrick Krauskopf,Vice Director, COMCO

·         John Preston, DFID, UK


0900-1030 hrs

Session One

Vietnam merger laws and the M&As evaluation process


Dinh Thi My Loan

(The presenter will give a concise presentation on M&A-related provisions in the Competition Law 2004 of Vietnam as well as all implementation decrees and other related laws and regulations)

  • Translating into practice: Shaping up the M&As evaluation process in Vietnam (20mins)

John Preston

(The presenter will summarise the information given on Vietnam merger laws into flow charts to give the audience a bird’s-eye view on how the M&As regime in Vietnam will look like in the future)


Interactive Q&As (50mins)


1030-1045 hrs



1045-1215 hrs

Session Two

An Overview of M&As investigative tools

  • M&As Investigative Tools – A synopsis (20mins)

Joong-weon Jeong

(The presenter will give an overview of all investigative tools available in the M&A evaluation process) 

  • From a developing country’s perspective (20mins)

George Lipimile

(Though there are a great deal of investigative tools available, not all of them may be utilised in real practice, or not all of them will be feasible for competition authorities in developing countries due to their special political, socio-economic characteristics, non-availability of data and the resource or capacity constraints faced by competition authorities in these countries. The presenter will deal with these factors and provide examples on real cases happening in developing economies’ jurisdiction)


Interactive discussion: For Vietnam – What is necessary and What is feasible  (50mins)


1215-1315 hrs



1315-1445 hrs

Session Three

Phasing in

  • Developing an M&As investigation plan (30mins)

 Al-Muatasem Khair Ad-Deen

(The presenter will introduce, in the form of flow charts, a set of simple screening criteria by which the competition authority officials can determine whether an M&A transaction may raise any competitive concerns or not, and therefore can be cleared at once or not. In case of an anti-competitive M&A case where an in-depth investigation is required, the presenter will introduce how to draw up an investigation plan and the composition of such plan to carry forward the investigative process. This presentation will also provide illustrative examples.)     

  • Evidence in M&As investigations: Dos and Donts (30mins)

Sitesh Bhojani

(The presenter will introduce to the audience (i) what type of evidence will be needed in investigating a merger case that is likely to cause competitive concerns; (ii) the sources/where to get the necessary evidence; (iii) the skills required/tips to acquire such evidence; (iv) the tips to test the accuracy of the evidence; (v) how to organise the evidence in a suitable manner for use in litigation is required, etc. All these issues will also be dealt with case-based examples.)


Floor discussion (45mins)


1500-1515 hrs




Session Four

Phasing in

  • Quantitative analysis in M&As evaluation (30mins)

Patrick Krauskopf

(The presenter will introduce the most frequently-used quantitative analysis tools that may be required during various stages of an M&As evaluation process. Case-based examples will be used for illustrative purpose and the most simplified forms of those quantitative analysis tools will be introduced so as be better-suited for a young competition authority)    

  • Cooperation & Coordination with third parties, other State agencies or competition authorities in other countries (30mins)

Hank Spier

(The aim is to introduce the audience, who will comprise of not only competition authority officials but officials from other State agencies, how to best utilise the available resources, information to increase the level of efficiency and effectiveness in handling M&A cases. For this purpose, cooperation and coordination with third parties, other State agencies or competition authorities in other countries will be very useful. The presenter should convince the audience of this point, as well as introduce them the possible mechanisms, on the basis of case analysis. Downside risks of such cooperation and coordination should also be addressed and solutions may be introduced, for example on the issue of confidentiality, or overlapping
authorities, etc).


Floor discussion (45mins)


1700-1715 hrs

Day One Wrap-up & Introduction of Day Two Programme



0900-0930 hrs

Introduction of two hypothetical M&A cases in the Vietnam context


0930-0940 hrs

Plenary discussion – Preparing an investigation plan


0940-1020 hrs

Break-out Session 1 – Preparing an investigation plan


1020-1030 hrs

Plenary presentation on preparing an investigation plan


1030-1100 hrs

Morning break


1100-1110 hrs

Plenary discussion – Relevant market definition (Product and Geographical)


1110-1150 hrs

Break-out session 2 – Relevant market definition


1150-1200 hrs

Plenary presentation on relevant market definition


1200-1330 hrs



1330-1340 hrs

Plenary discussion – Conclusion on market shares


1340-1420 hrs

Break-out session 3 – Determining conclusion on market shares


1420-1430 hrs

Plenary presentation on conclusion on market shares


1430-1440 hrs

Plenary discussion – Exemptions and decisions


1440-1520 hrs

Break-out session 4 – Exemptions and decisions


1520-1530 hrs

Plenary presentation on exemptions and decisions


1530-1600 hrs

Afternoon break


1600-1645 hrs

Open discussion:

–          The way forward

–          Questions

–          Recommendations for further work/training


1645-1700 hrs

Conclusion and wrap-up of workshop