Comparative Antitrust Law
Antitrust law and antitrust jurisdiction is not determined by the origin of, or the geographic area where the relevant action has taken place. It is determined by the action’s effects. These could and, in a globalized economy, normally do take place any- and everywhere. The more so since the number of countries equipped with more or less sophisticated antitrust laws and enforcement systems has grown spectacularly in the recent years, and continues to do so. Concurrent overlapping of different antitrust laws and jurisdictions has therefore become much more the rule than the exception. And, in essence, no modern antitrust enforcement anywhere in the world can omit to give a close look at what in the relevant area is being done in the US and in the EU. The course focuses on modern Antitrust law and enforcement in a global setting. It will delve into and compare the main antitrust categories (agreements, monopolization, mergers, administrative and court enforcement) from the perspective of mainly the US and the EU systems. It will, furthermore, devote attention to the BRICS countries and to those countries having a significant antitrust record. Finally, it will deal with international antitrust enforcement, both in terms of concurrent or shared enforcement between different systems, and of the workings of international networks, structures, and organizations. Antitrust is a prerequisite for this course.