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JOHN CABOT UNIVERSITY

COURSE CODE: "EC/LAW 347"
COURSE NAME: "Economic Competition and Law"
SEMESTER & YEAR: Spring 2016
SYLLABUS

INSTRUCTOR: Pal Belenyesi
EMAIL: [email protected]
HOURS: MW 1:30 PM 2:45 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES: Prerequisites: EC 201, EC 202
OFFICE HOURS:

COURSE DESCRIPTION:
The course aims at developing students’ skills in analyzing antitrust and sector specific regulations and cases, in particular in heavily regulated industries (media, telecoms, transport, energy). It will combine the study of the basic notions of competition (law, policy, and economics of competition) with specific EU case analyses (Intel, Google, GE/Alstom, Microsoft). Students will learn the difference between cost categories, and will also learn about perfect competition, market efficiency, and consumer harm. By the end of the course, students should also be able to inform their “consumer-self” better, and know how and where to get the information they need in order to behave responsibly.
SUMMARY OF COURSE CONTENT:

The course will be held twice a week. Students are expected to actively participate in discussions and contribute to course work, individual or group-related.

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The law and economics of competition are keystones in market economies. In addition, they are central tools to promote economic order set by the legal system. In Europe, the national competition law interacts with the EU antitrust rules and regulations in order to create a complex, albeit highly harmonized system of laws that deeply influences the way markets and their players behave. At the same time, theories of economics of competition constantly develop.

 

The general aim of the course is to develop skills in analyzing competition and sector specific regulation and cases, and to be able to build on microeconomics and industrial economics related studies from earlier semesters. It is also our objective to be able to inform our consumer-self better, to learn how and where to get the information that we need in order to behave responsibly. The development of the self-conscious consumer is therefore very important, just as it is in competition policy and enforcement in Europe. Given consumer protection appears in a special way in the European antitrust and in member states’ laws, we will examine this phenomenon, too.

 

The course will be composed of two distinct, although strictly related, parts. The first part of shall be dedicated to the economics of competition, while the second will cover case analysis. Antitrust policy and rules heavily depend on underlying theories on how markets work e.g., perfect – workable – competition, monopoly, oligopolistic equilibriums, the intersection between demand and supply and the formation of prices and entry barriers.

We will study the basic notions of competition: law, policy and economics behind. We will learn the difference between industry costs and individual company costs. We also pick up some knowledge about perfect competition, market efficiency, and consumer harm. We will see why monopolies, trusts and conglomerates are highly debated amenities, and what efficiencies they can/cannot bring about to the market. Finally, we will analyze “competitive constraints”, “exit and entry barriers”, and “deadweight loss” and “bottleneck facilities”.  

The course is highly participatory, personal contributions are required. Home assignments complete the path, which lead to the final exam.


LEARNING OUTCOMES:

Students will better understand economic news, economic moves and company behavior. The course does not aim at providing the students with only theoretical basis for real life. We will analyze and discuss cases such as the Microsoft, the Intel and the Google-investigation. As the course aims at widening the ability to analyze economic and legal issues, it is important that students dedicate themselves to the subjects.

In addition, we aim at developing an understanding of the whys, hows, and whats that often emerge when one hears news about approved or refused/approved merges (e.g. Ryanair-Aer Lingus or the NYSE-Deutsche Borse), economic misconduct and price-raising cooperation between firms (Microsoft, Intel).

We will make serious attempts to grasp what is behind regulatory intervention, why some industries require stronger presence of the state for a longer period. Naturally, a comparison between the EU and the US antitrust enforcement will take up some classes, too (Department of Justice/Federal Trade Commission vs European Commission and Member States). Given that competition dynamics are important parts of the functioning of the EU and its single market, we will discuss related topics: EU regulation and competition.

During the third stretch of the course, will analyze EU and US cases from antitrust, state aid and cartels (we will focus on recent cases, mainly from the fast-changing digital markets). Students will become acquainted with the main areas of antitrust intervention: restrictive agreements, abuse of a dominant position, and the control of mergers. We will also look at antitrust procedure and state aid.


TEXTBOOK:
Book TitleAuthorPublisherISBN numberLibrary Call NumberCommentsFormatLocal BookstoreOnline Purchase
Competition Policy: Theory and PracticeMassimo MottaCambridge978-0521016919 Certain chapters. The class is based on notes.    
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
In-class assignmentHome assigments, s, agreed with the lecturer in advance. 20
Midterm examWritten test, based on the textbook and the material distributed in class.30
Final examNon-cumulative.30
In-class group assignmentIntroduction of an antitrust case, as discussed with the lecturer. 20

-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensive knowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course
BThis is highly competent level of performance and directly addresses the question or problem raised.There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments.
CThis is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings.
DThis level of performances demonstrates that the student lacks a coherent grasp of the material.Important information is omitted and irrelevant points included.In effect, the student has barely done enough to persuade the instructor that s/he should not fail.
FThis work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant.

-ATTENDANCE REQUIREMENTS:
The course aims at developing students’ skills in analyzing antitrust and sector specific regulations and cases, in particular in heavily regulated industries (media, telecoms, transport, energy). It will combine the study of the basic notions of competition (law, policy, and economics of competition) with specific EU case analyses (Intel, Google, GE/Alstom, Microsoft). Students will learn the difference between cost categories, and will also learn about perfect competition, market efficiency, and consumer harm. By the end of the course, students should also be able to inform their “consumer-self” better, and know how and where to get the information they need in order to behave responsibly.
ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic dishonesty will receive a failing grade on the work in which the dishonesty occurred. In addition, acts of academic dishonesty, irrespective of the weight of the assignment, may result in the student receiving a failing grade in the course. Instances of academic dishonesty will be reported to the Dean of Academic Affairs. A student who is reported twice for academic dishonesty is subject to summary dismissal from the University. In such a case, the Academic Council will then make a recommendation to the President, who will make the final decision.
STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap. Students with approved accommodations must inform their professors at the beginning of the term. Please see the website for the complete policy.

SCHEDULE

What is competition? What is behind? Theory.

Chapters 1.3.2.-1.3.3.

 

Industry and company costs – the difference

-

notes

General welfare, objectives of competition policy

Chapters 1.3.1.

 

Dynamic, allocative, and productive efficiency

Chapters 2.2 – 2.4.

 

Perfect competition and workable competition

Chapter 2.3.2.

notes

Monopoly

Chapter 2.6.

 

Development of competition in the US and in the EU

Chapters 1.2.1. – 1.2.2.

notes

Sherman Act, Clayton Act, FTC Act, Robinson-Patman Act

Chapters 1.2.1.

 

Midterm exam

 

 

EU competition rules: Articles 101-109 TFEU

Chapter 1.4.

notes

EU competition enforcement: cartels, mergers, state aid

Chapter 1.4.

notes

The remedies (structural and behavioral, quasi structural), and their application in merger and antitrust

Chapter 5.5.

notes

Cases: The Microsoft-saga in the EU (COMP.37792 and T-167/08)

EC and ECJ official documents

notes

The Intel-case (COMP.37990 and T-286/09), the Google-case (COMP.39740)

EC and ECJ official documents

notes

In-class presentations of group home assignments, discussions

 

 

Review, final exam.