Competition law aims to protect the process of market competition for the ultimate benefit of both customers and consumers by delivering lower prices, superior quality, wider choice and more innovation. Companies violate competition rules if they engage in conduct that eliminates or weakens competition, for example by concluding anticompetitive agreements, abusing their dominant position or monopolizing the market, or merging with their competitors.

The course discusses the development and goal(s) of competition law and policy, introduces students to key concepts and methodologies of legal analysis and explains how competition rules can be applied in or adapted to various sectors, markets, and industries (i.e. digital, energy, telecommunications, pharma). While doing so, it offers a comparative perspective on the EU, US, and Austrian competition regimes, explaining differences and similarities between them.

Topics covered:

• History and development of competition law around the world
• Goals of competition law from a comparative perspective
• Market definition
• Market power assessments
• Horizontal agreements
• Vertical agreements
• Abuse of dominance
• Merger control
• Public enforcement of competition law
• Private enforcement of competition law
• Proposals for reform of competition law and policy

After completing this course, students are able to critically reflect on competition law questions from a comparative perspective. In particular, they are able to

• demonstrate knowledge of the core competition law provisions and concepts in the EU, US and in Austria
• reflect on the goals of competition law and policy
• demonstrate and apply the knowledge of various legal methodologies and tests (e.g. defining the relevant market, assessing market dominance and market power)
• identify types of market conduct that trigger concerns under competition law in various jurisdictions
• understand how competition law applies to various sectors, industries, and markets, such as digital, telecommunication, pharma
• demonstrate the knowledge of the institutions responsible for enforcement and relevant procedures
• engage in a discussion on how to adapt competition law to changing market contexts

Attendance: Students are expected to attend all sessions of the course. They may miss one session overall.

During the first session, students must be present. Students that have not notified the course convenor of their absence during the first session are de-registered from the course.

The course combines traditional lectures – especially at the beginning of the course – with an array of interactive elements, such as case studies presented by students and group discussions of current issues in competition law. Guest speakers from various jurisdictions offer students a glimpse into differences and similarities between different antitrust regimes.

• Active participation in class (20%)
• Presentation of a comparative case study (topics are allocated during the first session) (30%)
• Open book exam at the end of the semester (50%)

Grading

87-100 points Excellent (Sehr gut)

74-86.5 points Good (Gut)

62-73.5 points Satisfactory (Befriedigend)

50.5-61.5 points Sufficient (Genügend)

0-50 points Fail (Nicht genügend)

Class participation, case study and exam

Students are asked to actively participate in the course by

(1) taking an active part in classroom discussions [1 point per input; up to 15 points],

(2) preparing a short (max 5 min) overview of the antitrust news of the week [up to 5 points; no ppt or handout required] for one of the classes, and

(3) preparing and presenting a comparative case study in groups of two [up to 30 points]. The cases will be allocated during the first class. Presentations should be 15 minutes long and include a visual aide (ppt or handout).

Case studies shall include: (a) the facts of the case and the antitrust (legal) problem the case poses, (b) the relevant market at issue, (c) the market power assessment, (d) the problematic conduct, (e) the outcome of the case, and (f) a discussion question for the class. Comparative case studies should highlight similarities and differences between similar cases decided in different jurisdictions, and try and find an explanation for these similarities and differences.

The open book exam consists of a short case and a competition policy (essay) question. It will take place on MyLEARN, and students have 90 minutes to submit their answers. Up to 50 points are awarded for the exam. Students must work individually and may not collaborate during the exam. Students that require IT support (e.g. no stable internet connection) should contact the lecturers well in advance.

The course is held in English. Good knowledge of the English language is required to actively participate in the class. It is recommended that students have some basic knowledge of competition law (eg, through the PI “Wettbewerbs-, Kartell- und Immaterialgüterrecht”).

Registration for the course follows the rules of the curriculum. Places are allocated on a “first-come, first-served” basis. If you are registered for this course but can no longer participate, please de-register through LPIS during the registration period so other students can take your place.