Course objective

This course's objective is firstly an interdisciplinary appraisal of European competition law, especially in the light of the current "more economic approach", i.e. an effects-based rather than a form-based approach to competition policy issues. Secondly, the class will cover antitrust/competition principles in the United States and selected other countries.  Lastly, the course is aimed at considering the impact of globalization on competition policy, such as problems of extraterritoriality and other issues that interface between competition policy and trade law.
By the time of your completion, you should be able to demonstrate a practical and theoretical understanding of the fundamental competition/antitrust issues posed by a series of common business practices, such as distribution contracts, intellectual property licenses and mergers. In particular, this involves your ability to:
a)    explain and discuss the main objectives of competition policy;
b)    identify actual business and strategy issues relevant to competition policy;
c)    utilize legal and economic tools to provide an in-depth analysis of these critical issues.

Contents

The course will first provide an introduction into the normative and theoretical foundations of competition law. This requires an overview of economic concepts relevant to competition policy, partly dealt with in other courses of the Master program. Based on these building blocks, we will then conduct a systematic overview of European competition law, with special regards to:
-    the assessment of horizontal and vertical agreements,
-    the abuse of dominant position,
-    merger policy.
You will be able to gain practical insights into the functioning of European competition policy through both the in-depth analysis of major cases dealt with by competition authorities and courts in various areas, and the discussion of case studies based on hypothetical scenarios.
When the relevant market spans to regions outside the European Union, the competition laws of other jurisdictions are also likely to apply. Therefore, taking account of the increasingly international dimension of business practices, the course will cover the basic principles of other competition regimes, such as of the US and some Asian countries.  Finally, and on a related note, we will discuss options to assess restrictive business practices of an international scope within the World Trade Organization and through other means.