Competition law (called “antitrust law” in the United States) has become an important factor in international economic relations, in international business and in legal practice relating to international business. As economic activity becomes increasingly global, its importance will continue to increase in each of these areas. In this course we will examine competition/antitrust law from a comparative and international perspective. We will look at competition law and competition law experience in the US and Europe, but also in among the newer players in competition law, including China, Japan, and Korea and examples from Latin America and Africa. We will examine some of the ways in which antitrust systems differ and what the implications of these differences are for international economic policy, international business and international legal practice. The course also investigates competition law on the global level. To what extent do domestic competition laws apply to conduct outside the territory of the state in which they are enacted? What is international antitrust convergence? Why is it so important? What are the prospects for international agreement relating to competition law? On the European level, the course will deal with competition law enforcement, both public (by the European Commission and national agencies, subject to judicial control) and private (by individuals and companies litigating in national courts). The powers of the Commission and the national authorities will be balanced against rights of defence and procedural rights of complainants. Leniency programs will be explained as a powerful means for detecting cartels, careful consideration being given to their interaction with damages actions in courts. An inside view on administrative and judicial application of EU competition law will be provided with the support of some important cases before the Commission, national authorities, national courts and the European courts.
5 ECTs / 24h / English