International Competition Law

Introduction

• Objectives of competition law
• Economics, policy and law in the market place
• Competition law in the EU, USA and elsewhere

Abuse of dominant or monopoly position

• Prohibited behaviour
• Market definition
• Dominance and abuse under Article 82 EC Treaty
• Monopolisation under US Sherman Act s 2
• UK Competition Act 1998 Chapter II prohibition
• Sanctions

Anti-competitive agreements

• Overview of prohibited agreements
• Article 81 EC Treaty
• US Sherman Act s 1
• UK Competition Act 1998 Chapter I prohibition
• How to avoid a breach of the rules
• Sanctions for infringement

Horizontal agreements

• Cartels:
  • Price fixing
  • id rigging
  • Market sharing
  • Other agreements between competitors
• Applying competition law to Joint Venture agreements

Vertical agreements and restraints

• Distribution and agency agreements
• Long term supply agreements
• EU vertical restraints block exemption
• Other vertical restraints:
  • Price discrimination
  • Price maintenance
  • Predatory pricing
  • Refusals to deal
  • Others
• Practice points

Investigation and enforcement of competition law

• Antitrust agencies
  • European Commission
  • US Department of Justice and Federal Trade Commission
  • National authorities in the EU and elsewhere
• Dawn raids and other investigative techniques
• Leniency programmes
• Antitrust litigation:
  • The role of the courts
  • Private enforcement in the USA and elsewhere
• Jurisdiction and extra territoriality
• International co-operation
• Compliance programmes

Merger control

• Merger notification and review
• The EC Merger Regulation
• The US Hart Scott Rodino and Clayton Acts
• Multijurisdictional merger review
• Remedies
• Impact of merger control on M&A transactions

IP and competition law

• The doctrine of existence and exercise
• Interaction of competition and IP rules
• Competition law and the internet

Modernisation of Competition Law

• Reform of EU rules
  • Regulation 1/2003
  • Replacement of the Merger Regulation
• Role of the ICN, OECD, WTO and other international organisations

Other issues

• State aids
• Public procurement
• Interface between trade and competition rules

'I found the distance learning format of the Programme and study materials, to be very helpful in my professional work and I consider it a valuable asset to my further education as a young lawyer. n November 2004 together with a fellow colleague I established my own practice in Sofia, Bulgaria and the Programme gives me the opportunity to study and work at the same time. I hope to have the opportunity to obtain at least five diplomas (within 7 years period) in order to earn the IBA Fellowship in International Legal Practice. I was awarded with scholarships for three International practice Diplomas, these being; International Mergers and Acquisitions, International Joint Ventures and International Competition Law. I really appreciate the efforts of the IBA Education Trust and hope it continues in supporting eligible scholarship candidates.' Stanislava Kuyumdjieva Stoeva & Kuyumdjieva Law Firm, Bulgaria, Mergers and Aquisitions Diploma