course syllabus - vesalius college · e-mail: [email protected] office hours: thursday 11.30 –...

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Course Syllabus

COMPETITION LAW LAW 311G

Number of ECTS credits: 6

Time and Place: Tuesday and Thursday 10.00 – 11.30, Vesalius College

Contact Details for Professor

Name of Professor: Jean-Michel Coumes

E-mail: [email protected]

Office hours: Thursday 11.30 – 12.30

CONTENT OVERVIEW

Syllabus Section Page

Course Prerequisites and Course Description 2

Course Learning Objectives 3

Overview Table: Link between MLO, CLO, Teaching Methods, Assignments and Feedback

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Main Course Material 7-8

Workload Calculation for this Course 8

Course Assessment: Assignments Overview and Grading Scale 8-9

Description of Assignments, Activities and Deadlines 9-10

Rubrics: Transparent Criteria for Assessment 10-12

Policies for Attendance, Later Work, Academic Honesty, Turnitin 12-13

Course Schedule – Overview Table 13_14

Detailed Session-by-Session Description of Course 14-21

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Course Prerequisites (if any) BUS101G or LAW111G Course Description This course is designed to introduce and develop the main principles of competition law. It

will mainly focus on EU competition law but also comparatively describe the main systems of

competition enforcement that apply in several important jurisdictions around the world,

particularly the United Sates. Students are invited to focus on the rationale behind the

adoption of regimes based on « free » competition and the interplay between competition law

and economics. Finally, students will be provided with the opportunity for enhanced use of

appropriate legal research methods and tools within the framework of class assignments.

Further Detail on Course Content (if needed) In this course, students will examine the role of competition law and policy, at both the EU

and international level and within the scope of global economy. The different aspects of

competition law will be closely analyzed, including the interaction between trade and

competition and the process of internationalization of competition law and policy. Students

will explore various issues related to competition law, including abuse of a dominant position,

anti-competitive agreements, the interface between Intellectual Property Rights and

competition law and other current issues related to business strategy.

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Course Learning Objectives At the end of this course, students should be able to: In terms of knowledge

➢ Acquire specialized legal training to apply knowledge, understanding and problem-solving abilities to issues of competition law

➢ Understand the rationale behind the adoption of regimes designed to protect competition in the majority of countries around the world

➢ Understand and analyze the interplay between competition law and economics ➢ Know how to effectively use dedicated resources, including websites and

database on competition law In terms of skills

➢ Use appropriate referencing and bibliographic methods ➢ Demonstrate effective oral presentation skills ➢ Demonstrate effective and integrative team-work ➢ Great attention to details and facts ➢ Ability to apply the law in an economic context ➢ Ability to foresee the business consequence of a legal rule

In terms of attitudes, students should develop in this course:

➢ Critical attitudes, which are necessary for “life-long learning” ➢ An attitude of open-mindedness and self-critical reflection with a view to self-

improvement sensibility towards the ethical dimensions of different aspects of the content of this course

➢ An open attitude towards inter-cultural team-work

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LINK BETWEEN MAJOR OBJECTIVES, COURSE OBJECTIVES, TEACHING METHODS, ASSIGNMENTS AND FEEDBACK

(BA International and European Law)

Summary: Number of assignments used in this course: 3 (paper, mid-term exam and final exam) Number of Feedback occasions in this course: ongoing, classes will be interactive and a general wrap-up session organized by the end of the semester Number and Types of Teaching Methods: PP presentations, case studies with debates, mock dawn raid with role play will be organized at the end of the semester

Major Learning Objectives

Course Learning objectives addressing the Major Objectives (testable learning objectives)

Methods used to Teach Course Objectives

Methods (and numbers/types of assignments) used to test these learning objectives

Type, Timing and Instances of Feedback given to Student

Acquire knowledge of terminology and concepts of competition law

Acquire specialized legal training to apply knowledge, understanding and problem-solving abilities to issues of competition law

PP presentation Textbook Many practical examples inviting students to reflect on competition issues and propose adequate answers will be provided during each session

Mid-term exam will present a list of questions aiming to test students’ understanding of the main concepts of competition law At the final exam, students will have to solve a short practical case

Students are strongly encourage to ask questions and participate; some case studies with debates will be regularly organized to test their ability and understanding of the main principles of competition law

Understand the rationale behind the adoption of regimes designed to protect competition in the majority of countries around the world

PP presentation inviting students to react and submit comments on the link between free competition and consumer protection

Students are also strongly encouraged to read the press and regularly consult the website of DG COMP

Understanding of the rationale will be tested in the mid and final exam, but is also particularly relevant for the essay due in week 10

Same as above

Understand and analyze the interplay between competition law and economics

Textbook

Each session will give many examples from ‘real life’ cases summarizing the role of economics in competition

Final exam: students will have to analyze the economic context before selecting the appropriate rule/approach

Interactive sessions for each course with questions are particularly important to understand the interplay between economics and competition

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Know how to effectively use dedicated resources, including websites and database on competition law Use appropriate referencing and bibliographic methods

The course will teach students where to find and how to use the main websites on competition

Develop analytical, oral and written presentation skills

Acquire specialized legal training to apply knowledge, understanding and problem-solving abilities to issues of competition law

PP presentation and review of literature

Many practical examples inviting students to reflect on a competition issue and propose adequate answers will be given during each session

Mid-term exam: questions aiming to test students’ understanding of the main concepts

At the final exam, students will have to solve a short practical case

Students are strongly encourage to ask questions and participate

Some case studies with debates will be regularly organized to test ability and understanding of the main principles of competition law

Use appropriate referencing and bibliographic methods

This will be addressed in the early part of the semester in the course “sources of competition law”

In addition, students are strongly encourage to read the press and regularly consult the website of DG COMP (particularly the ‘what’s new? Section)

Submission of an essay by week 10

In the essay, students will have to correctly refer to the relevant case law and other sources

Same as above

Demonstrate effective and integrative team-work

Case studies with debates and/or role play will be regularly organized

A mock case scenario on dawn-raids will also take place at the end of the semester. This will not be

Inter-active session with regular focus on role play

Same as above

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part of any specific assignment but will aim to put students in a ‘real-life’ case/situation

Demonstrate effective oral presentation skills

Case studies with debates and/or role play will be regularly organized

Feedback will be given at the end of each role play session

Essay (week 10)

Mid-term exam

Final exam

Feedback and methods of presentation will be particularly given/addressed at each session that includes a case study with debates

Specific feedback/questions can also be requested by mail or at the end of each session

Great attention to details and facts

Each session will focus on many practical examples showing the importance of facts

Particularly relevant for the mid-term and final exam Mid-term exam will present a list of questions aiming to test students’ understanding of the main concepts of competition law


Ability to apply the law in an economic context

Each session will focus on many practical examples showing the importance of economics

Particularly relevant in Session 1 on relevant markets and Session 6 and 8 on abusive conduct

Students are also encouraged to regularly review the press and

Particularly relevant for the mid-term and final exam Mid-term exam will present a list of questions aiming to test students’ understanding of the main concepts of competition law


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consult the DG COMP website

Ability to foresee the business consequence of a legal rule

This aspect will be more particularly addressed during the case studies sessions

Develop a pro-active and critical approach to competition law

Critical attitudes, which are necessary for “life-long

learning”

Each session will provide practical examples aiming to test students’ reaction to real-life examples

Particularly relevant for the essay

An attitude of open-mindedness and self-critical reflection with a view to self-improvement sensibility towards the ethical dimensions of different aspects of the content of this course

Each session will provide practical examples aiming to test students’ reaction to real-life examples

An open attitude towards inter-cultural team-work

Debates on case studies and mock dawn-raid

Main Course Materials (please note that you can find the readings for each week and session in the Course Schedule section below):

The course material consists of powerpoint presentations, lecture notes and readings from the textbook. Powerpoint presentations will be made available after the respective classes have taken place. A week-by-week overview of the course readings can be found in the section below. The course will also involve some case studies followed by debates and/or role plays to encourage interaction

The syllabus, powerpoint presentations and important messages will be uploaded to the Vesalius portal ‘Pointcarre’. Students are expected to visit this site regularly to keep abreast of course evolutions. The professor is expected to upload relevant material in a timely manner.

Course material marked as ‘suggested readings’ and ‘additional sources’ is helpful for research and to gain an increased understanding, but is not mandatory. This material can be found online or will be made available upon individual request.

Textbook: Required textbook: Competition Law from Richard Whish and David Bailey (8th edition), Oxford

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Active Learning and Intensive ‘Reading around the Subject’: Additional Sources, Recommended Journals and Websites:

Learning should be an active and self-motivated experience. Students who passively listen to lectures, copy someone else’s notes, and limit their readings to required chapters are unlikely to develop their critical thinking and expand their personal knowledge system. At the exam, these students often fail to demonstrate a critical approach. Students are strongly recommended to have an updated understanding of developments related to this course and related to their wider Major. Active and engaged learning will turn out to be enriching to the overall course and class discussions. Students are invited to deepen their understanding of both theoretical and current issues from a variety of sources. Please find a list of suggestions compassing the entire course below. You are encouraged to read and browse in the leading journals of your discipline.

Leading Journals in competition law: European Competition Law Review, Global Competition Review. Students are also invited to have a look at the website of DG COMP (European Commission) where they will find the entire legislation on EU competition law. Websites of Interest: http://ec.europa.eu/competition/index_en.html http://www.internationalcompetitionnetwork.org/ Work Load Calculation for this Course: This course counts for 6 ECTS, which translates into 150 – 180 hours for the entire semester for this course. This means that you are expected to spend roughly 10 hours per week on this course. This includes 3 hours of lectures or seminars per week and 7 hours ‘out of class’ time spent on preparatory readings, studying time for exams as well as time spent on preparing your assignments. Please see below the estimated breakdown of your work-load for this course. Time spent in class: 3 hours per week / 45 hours per semester Time allocated for course readings: hours per week / hours per semester: 3 hours per week; 45 per semester Time allocated for preparing Assignment 1 (paper): 40 hours Time allocated for preparing/revising for written Mid-term Exam: 15-16 hours Time allocated preparing/revising for written Final Exam: 35 hours Total hours for this Course: 180 Course Assessment: Assignments Overview The students will be evaluated on the basis of their performance in the following

http://ec.europa.eu/competition/index_en.html

http://www.internationalcompetitionnetwork.org/

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assignments:

• Mid-term exam 30%

• Research Paper 30%

• Final examination 40%

• TOTAL 100

Grading Scale of Vesalius College Vesalius College grading policy follows the American system of letter grades, which correspond to a point scale from 0 – 100. All assignments (including exams) must be graded on the scale of 0-100. To comply with the Flemish Educational norms, professors should on request also provide the conversion of the grade on the Flemish scale of 0-20. The conversion table below outlines the grade equivalents.

Letter grade Scale of 100

(VeCo Grading Scale)

Scale of 20

(Flemish System)

A 85-100 17.0-20.0

A- 81-84 16.1-16.9

B+ 77-80 15.3-16.0

B 73-76 14.5-15.2

B- 69-72 13.7-14.4

C+ 66-68 13.1-13.6

C 62-65 12.3-13.0

C- 58-61 11.5-12.2

D+ 54-57 10.7-11.4

D 50-53 10.0-10.6

F 0-49 0-9.9

Description of Activities, Grading Criteria and Deadlines:

Essay by the end of week 10: The purpose of this essay is to test the students’ understanding of the concept of harm to competition, the rationale behind the prohibition of practices/agreements that are harmful to competition and appropriate remedies to detect and put an end harmful agreements/practices. Proposed topics are the following: (i) what separates an abuse of a dominant position under Article 102 TFEU from competition on the merits and (ii) problems of evidence in cartel cases and how to remedy them. Students will have to refer to practical examples from existing case law. A good essay is expected to have a concise presentation and logical sequence with an introduction setting-up the problem and a conclusion leading to new potential developments on how the rule/case law is supposed to

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evolve in the future. A critical approach is important to show the level of understanding and analysis of the topic. Style should be short and concise and the overall word count content should not exceed twenty pages. The overall wordcount should be approximately 3,000-4,000 words.

Mid-Term Exam (written): List of questions aiming to test the understanding of the main concepts of competition law and harm to competition developed until week 7. Students will be asked to gauge the level of harm to competition involved in several case scenarios drawn from real examples. Case scenarios should be short and concise and adapted to the student’s level. However, attention to details and facts is quite important. After gauging the level of harm from ‘less to extremely problematic’, students will be invited to leave some additional comments if they feel it necessary.

Final Written Exam: students will be invited to work on a mock case scenario involving a competition problem and asked what their suggested answers would be. The case scenario will present a series of questions in order to guide them through the main issues but they will have to devise the best option and explain why it is the most appropriate to the case. Again, great attention will be required on facts as competition law is never applied in the abstract.

Rubrics: Transparent Grading Criteria For Each Assignment

The following criteria will be applied in assessing your written work: Grading form for written assignments (more than 10% of the final grade) Essay

Structure of essay,

including word

count Total: /6

An introduction and

conclusion; word

count /2

Essay is well structured and

coherent /2

A good structure,

use of separate

paragraphs per topic, and

conclusion

/2

Critical analysis of the major elements Total: /8

Major elements are

covered and facts correctly taken into account

/2

Good legal reasoning in a

logical way with reference to economic analysis

/2

Systematic analysis of all major elements and use of personal comments or critical questions. Essay is persuasive

in its reasoning

/4

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Legal sources and

legal terminology,

including footnotes Total: /6

Good use of appropriate case law and scholarly articles /2

Appropriate use of legal terminology;

an analytical-legal style; references to appropriate legal provisions 2

The topic is placed

in the broader context of the objectives of competition law

/2

TOTAL

/20 On a scale of 100:

/100

Mid-term exam

Correct understanding of the legal issue raised by the questions Total: /8

Analysis of the facts outlined in the question

/2

Selection of the correct legal rule applying to the facts /2

Selection of the correct answer /4

Analysis of the

major elements in the questions Total: /6

Major elements are


/2


logical way

/2

Clear answer showing a good understanding of the main principles of competition law

/4

Structure of answer Total: /6

Answer is concise and well structured /2


reference to appropriate legal provisions 2

The topic is placed


/2

TOTAL

/20

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On a scale of 100:

/100

Final exam

Correct understanding of the questions in the practical case Total: /6

Correct analysis of the facts outlined in the case /2

Good understanding of the legal issues raised by the case /2

A correct answer selecting the appropriate legal rule according to facts /6

Analysis of the

major elements Total: /8

Major elements are


/2


logical way with reference to economic analysis

/2

Clear answer showing a good understanding of the main principles of competition law

/4

Structure of answer Total: /6

Answer is concise and well structured /2


reference to applicable legal provisions 2

The topic is placed


/2

TOTAL

/20 On a scale of 100:

/100

Additional Course Policies

Late papers will not be accepted unless there are serious legitimate reasons. Provision of a signed medical note is required, and notice must be given prior to the deadline.

Academic Honesty Statement

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Academic dishonesty is NOT tolerated in this course.

Academic honesty is not only an ethical issue but also the foundation of scholarship. Cheating and plagiarism are therefore serious breaches of academic integrity.

Following the College policy, cheating and plagiarism cases will be communicated in writing to the Associate Dean and submitted to the Student Conduct Committee for disciplinary action.

If you refer to someone else’s work, appropriate references and citations must be provided. Grammar, spelling and punctuation count, so use the tools necessary to correct before handing in assignments.

Please consult the Section “Avoiding Plagiarism” in the College Catalogue for further guidance. Turnitin All written assignments that graded and count for more than 10% towards the final course grade need to be submitted via the anti-plagiarism software Turnitin. You will receive from your professor a unique password and access code for your Class.

Course Schedule (Overview)

Week 1 23 January Introduction to Competition Law and Overview of Course and Requirements

25 January Relevant market and market power

Week 2 30 January Sources and overview of EU competition law 1

1 February Sources and overview of EU competition law 2

Week 3 6 February Introduction to Article 101(1)

8 February Introduction to Article 101(1): case studies

Week 4 13 February

Cartels and “bad” horizontal agreements

15 February

Cartels: detection and penalties

Week 5 20 February

Introduction to Article 101(3)

22 February

Article 101(3) in practice: “good” horizontal agreements

Week 6 27 February

Introduction to Article 102 Concept of abuse: practical examples 1 March

Week 7 Mid-term Week

REVISION SESSION

Mid-Term Exams

Week 8 13 March Article 102: non-pricing abuses

15 March Article 102: pricing abuses

Week 9 20 March Vertical agreements 1

22 March Vertical agreements 2

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Week 10

27 March Enforcement of competition law 1

29 March Enforcement of competition law 2

2-13 April Spring recess

Submission of essay

Week 11

17 April 19 April

International application of competition law and the “qualified effect” doctrine Introduction to merger control

Week 12

24 April Merger control: procedure and substantive analysis

26 April A practicioner’s life: practical examples from private practice

Week 13

1 May Holiday

3 May Mock dawn-raid

Week 14

8 May General Q/A session and wrap-up

10 May Holiday

Week 15

14-18 May FINAL EXAMS

Detailed Session-by-Session Course Outline

Week 1, Session 1 (Tuesday, 23 January 2018) Introduction to Competition Law Reading: Chapter 1 of textbook Article: ‘Is Competition always good?’ https://academic.oup.com/antitrust/article/1/1/162/274807

Guiding points/questions: 1. Perfect competition vs monopoly

2. Why is competition supposed to enhance consumer welfare ?

3. Advantages and limits of regulatory systems based on « free » competition

Week1 Session 2 (Thursday, 25 January 2018)

Introduction to Competition Law : relevant market and market power

Reading:

https://academic.oup.com/antitrust/article/1/1/162/274807

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Chapter 1 of textbook section on relevant market and market power Guiding points/questions: 1. What is market power ?

2. Why is market power bad for competition ?

3. Concept of relevant market

4. Definition of relevant product market : SSNIP test

5. Geographic market

Example from case law : market definition approach in United Brands, Judgment of

the Court of 14 February 1978, United Brands Company and United Brands

Continentaal BV v Commission of the European Communities, Case 27/76.

Week 2, Session 1 (Tuesday, 30 January 2018) Sources and overview of EU competition law 1 Reading: Articles 101, 102 and 106 TFEU Article: EU cartels and restrictive agreements: a quick guide https://uk.practicallaw.thomsonreuters.com/0-381-3369?transitionType=Default&contextData=(sc.Default) Guiding points/questions: 1. Articles 101(1) and (3) : concept of agreements and concerted practices

2. Horizontal and vertical agreements

3. Effect on inter-state trade

4. Article 102 : unilateral conduct

3. Article 106 : Member States obligations

4. Merger control

5. Block exemptions

Week 2, Session 2 (Thursday, 1 February 2018) Sources and overview of EU competition law 2 Reading: chapter 2 of textbook (excluding UK part) Guiding points/questions: 1. The European institutions and their role 2. Type of legislation and relevant web-sites 3. Direct effect and judicial review 4. Internal market imperative (example: Glaxo Smith Kline, Commission decision of 8 May 2001, OJ L302/1)

https://uk.practicallaw.thomsonreuters.com/0-381-3369?transitionType=Default&contextData=(sc.Default)

https://uk.practicallaw.thomsonreuters.com/0-381-3369?transitionType=Default&contextData=(sc.Default)

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Week 3, Session 1 (Tuesday, 6 February 2018) Introduction to Article 101(1) Reading: Chapter 3 of textbook Review of DG COMP website Guiding points/questions: 1. Conditions of application of Article 101(1)

2. Concept of undertakings

3. Concept of agreement and single economic entity doctrine

4. Examples of restrictive agreements (horizontal and vertical)

5. Restrictions by object or by effect

6. Inter-state effect

Week 3, Session 2 (Thursday, 8 February 2018) Introduction to Article 101(1): case studies

Reading : Bayer Adalat (Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG, joined cases C-2/01 P and C-3/01 P, judgment of the ECJ of 6 January 2004; T-Mobile judgment (T-Mobile Netherlands BV v Raad van bestuur van de Nederlandse Mededingingsautoriteit Case C-8/08, judgment of the ECJ of 4 June 2009 Week 4, Session 1 (Tuesday, 13 February 2018) Cartels and “bad” horizontal agreements Reading : Chapter 13 of textbook Guiding points/questions: 1. Concept of cartels

2. Description and functioning of a typical cartel and level of sophistication

3. International scope requires international response

4. Examples of « bad » horizontal agreements

Week 4, Session 2 (Thursday, 15 February 2018)

Cartels : detection and penalties

Reading : Commission Notice on Immunity from fines and reduction of fines in cartel

cases, OJ C298/17

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Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of

Regulation No 1/2003

Guiding points/questions :

1. Are penalties appropriate to enforce competition law ?

2. Why is enforcement against cartels problematic ?

3. The need for an international response

4. Leniency applications

5. Settlements

Week 5, Session 1 (Tuesday, 20 February 2018) Introduction to Article 101(3) Reading: Chapter 4 of textbook Guiding points/questions: 1. Requirements of Article 101(3)

2. Types of agreements not likely to benefit from Article 101(3)

3. Reform of the exemption system : Regulation 1/2004 : pros and cons

4. Differences between US and EU systems

Week 5, Session 2 (Thursday, 22 February 2018)

Application of Article 101(3) in practice : « Good » horizontal agreements

Reading : Chapter 15 of textbook

Guiding points/questions :

1. Balancing exercise between restrictions and efficiencies

2. Description of system prior to 2004

3. Guidelines on horizontal cooperation

4. Examples of « good » agreements

Week 6, Session 1 (Tuesday, 27 February 2018) Introduction to Article 102 Reading : Chapter 5 of textbook Guiding points/questions :

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1. Differences between Article 101 and 102

2. Concept of dominance

3. Concept of foreclosure

4. Concept of abuse.

5. Evolution of concept of abuse

6. Comparison US and EU approach

7. Collective dominance

Week 6, Session 2 (Thursday, 1 March 2018) Concept of abuses: practical examples Reading: Summary of Commission’s decision in Microsoft, 24 March 2004 on DG COMP website. Summary of the ECJ judgment in Intel v Commission Week 7, Mid-term exam (no classes) Week 8, Session 1 (Tuesday, 13 March 2018) Article 102: non-pricing abuses Reading : Chapters 17 of textbook Guiding Points/Questions: 1. Example of non-pricing abuses 2. Essential facility doctrine: a controversial application of Article 102? 3. Refusal to supply 4. Where is the drawing line between competition on the merits and abusive conduct in non-pricing abuses? Week 8, Session 2 (Thursday, 15 March 2018) Article 102: pricing abuses Reading: Chapter 18 of textbook Guiding Points/Questions: 1. Examples of pricing abuses 2. Why can low prices be abusive? 3. Cost concept and importance of economic analysis

4. What are the potential consequences of the Intel judgment for competition law

enforcement?

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Week 9, Session 1 (Tuesday, 20 March 2018) Vertical agreements 1 Reading : Chapter 16 of textbook 1. Definition

2. Examples of vertical agreements

3. Main theories of harm in relation to vertical agreements

4. Cumulative effect

Week 9, Session 2 (Thursday, 22 March 2018) Vertical agreements 2 Reading: Chapter 16 of textbook Article: Vertical Agreements and the Internet: An economic assessment http://www.ee-mc.com/uploads/media/Online_sales_01.pdf Guiding points/questions: 1. Some examples of vertical agreements : exclusive and selective distribution

2. Concept of active and passive selling

3. The Internet « issue »

4. Vertical agreements and the digital world

5. Transfer of technology licensing

Week 10, Session 1 (Tuesday, 27 March 2018)

Enforcement of competition law 1

Reading: none Guiding points/questions:

1. Who enforces competition law ?

2. International dimension of competition law

3. Who are the entities competition law is enforced against ?

4. Concept of direct effect

5. Competition is a sword as well as a weapon

6. Various ways of enforcement (investigations, legal actions, actions for damages,

action for infringement of the TFEU against Member States)

Week 10, Session 2 (Thursday, 29 March 2018)

http://www.ee-mc.com/uploads/media/Online_sales_01.pdf

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Enforcement of competition law 2 Reading: Chapter 7 of textbook Guiding points/questions: 1. Scope and limit of Commission powers of investigation

2. Type of decisions and penalties

3. Short description of standard procedure

4. Description of a dawn-raid

Week 11, Session 1 (Tuesday, 17 April 2018) International application of competition law and the “qualified effect” doctrine Reading : Chapter 12 of textbook Guiding points/questions: 1. Potential tension between Public International Law and competition

2. Concrete examples of tension in the past (GE/Honeywell in the merger sphere)

3. Increased cooperation because of awareness of common interest

4. Is there an « effect » doctrine in EU competition law ?

Week 11, Session 2 (Thursday, 19 April 2018)

Introduction to merger control

Reading : Chapter 20 of textbook Guiding points/questions: 1. What is the purpose of merger control ? 2. Increase in merger activity 3. International response : increase of merger control legislations 4. Why Do Firms Merge? 5. Designing an adequate system of Merger Control Week 12, Session 1 (Tuesday, 24 April 2018) Merger control : procedure and substantive analysis Reading : none Guiding points :

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1. Main theories of harm in merger control 2. Relevant market is an essential concept 3. Importance of international coordination 4. Description of two Phase II merger cases : GE/Alstom, Boeing/MDD Week 12, Session 2 (Thursday, 26 April 2018) Practical examples from a practitioner’s life Reading : none Description of a ‘glamorous’ case : the case of the Parisian luxury palace Preparation of the mock dawn-raid

Week 13, Session 1 (Tuesday, 1 May 2018) No class Week 13, Session 2 (Thursday 3 May 2018) Mock dawn-raid with the class Week 14, Session 1 (Tuesday, 8 May 2018) General Q/A session and wrap-up in view of final exam Week 14, Session 2 (Thursday, 10 May 2018) No class Week 15 Final written exam

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