02260171 - International and Comparative Competition Law

The purpose of the course is to focus on jurisdictional issues resulting from the implementation of domestic competition rules to international operations and anticompetitive behaviors.
Thus, the course will consider certain aspects of competition law and policy, including the application of the provisions dealing with:
– Cartels (Article 101 of the Treaty on the Functioning of the European Union, “TFEU”),
– Abuses of dominant position (Article 102 of the TFEU),
– and some aspects of Mergers (Regulation (EC) No 139/2004).
In doing so, the course will insist on the following specific topics:
– Extraterritoriality,
– Effects doctrine,
– International cartels,
– Leniency policy,
– Relevant market concept,
– National champion theory,
– Bilateral agreements on the application of competition law, and the two generations of cooperation agreements, and
– International instruments dealing with competition rules and policy (International Competition Network (ICN), and the postponed calendar for a multilateral –or rather plurilateral– agreement within the WTO framework).
Contrasts between E.U. Competition Rules and U.S. Antitrust Law will be drawn.
Competition cases having an international dimension will illustrate the discussion, such as:
the Boeing/Mc Donnell Douglas merger,
the Vitamins Cartel case,
the European Microsoft decision, and
the more recent Intel and Google cases.

3 credits or 1.5 US Crédits