Antitrust Policies Worldwide
[FIRM2207]
[30h] 5 crédits
Cette activité se déroule pendant le 1er quadrimestre.
Enseignants : Paul Nihoul
Langue d'enseignement : Anglais
Niveau : Second cycle
Objectifs (en termes de compétences)
(Antitrust law is a synonymous for competition law. The former term is mainly used in the United States - the latter in the European Union).
The course has an interdisciplinary perspective. Students are invited to analyze strategies used by firms on markets. To that effect, they use concepts introduced by management sciences or tools. The strategies are then discussed in law, making use of the tools provided by economic analysis.
The course also has a comparative perspective. Students studying nowadays are preparing for a career that will last for about forty years. There is no doubt that economic activities will internationalize even more than they are today. Hence, students should be prepared to counsel firms active in various States.
A comparative perspective is essential in antitrust/competition law because the attitudes adopted by authorities vis-à-vis firm strategies are not identical worldwide. In the course, we will mainly consider the following legal orders : Belgium, the European Union, and the United States of America. Rules existing in other legal orders will also be taken into account whenever possible and/or necessary.(Japanese, Chinese, Russian competition laws).
Finally, the course aims at preparing students to make up their own opinion as to how antitrust/competition authorities should react vis-à-vis typical firm behavior.
This course is integrated in a coherent body of courses called a "finalité". The professors teaching in that "finalité" form a teaching unit. They discuss the content proposed, and the method used, in each course, so as to ensure maximum complementarity.
As much as possible, and in view of the number of registered students, the method used in the course will call on students to participate. The professor will provide illustrations. Students will be invited to apply to concrete situations the rules and principles taught.
Objet de l'activité (principaux thèmes à aborder)
- acquisition of leadership on a market
- exchange of information and creation of professional associations
- conclusion of agreements with competitors
- conclusion of partnerships with complementary firms - expansion on other markets through mergers and acquisitions.
To analyze these strategies, we successively take the perspective of various actors concerned : the firm itself of course, its competitors, its partners, the consumers.
We then seek to identify the position adopted by authorities vis-à-vis these behavior. As was stated, various positions are often possible. They vary over time and space. Ultimately, the variation depends on the vision that one has about markets and public interventions. Some consider that markets should be allowed to develop their activities freely. Others feel that authorities should indeed intervene - be it to preserve the level of liberty which they consider as necessary for markets to function properly.
On that basis, students are invited to construct their own attitude. In their mind, should the authority have intervened more in that case ? less in that one ? Overall, what should be the role of authorities on markets ?