LLM Programme

Module summary

This module will deal with the practical side of enforcement of European Competition Law.
The first set of questions concerns the investigation stage. What are your options when your client rings you early in the morning and tells you that the competition authority wants to search the company (or private) premises?

The second set of questions concerns the remedy stage. What level of fines will your client have to expect? Are there criminal sanctions for competition law infringements? Can your client avoid fines and/or criminal sanctions by applying for leniency or settling the case? Will your client be liable for damages?

While the questions above have been framed from the perspective of an infringer and his legal adviser, the issues dealt with are equally relevant for enforcers: What is the optimal mix of remedies? Should there be more private actions? Should there be more criminal enforcement? How should leniency programmes be designed?

All these questions will be analyzed not only with regard to the European legislation (in particular Regulation 1/2003), but also from a comparative perspective.

Module syllabus

1. Introduction EU public enforcement: Regulation 1/2003
2. Investigations and Procedural Rights
3. Fines and Settlement Procedure
4. Leniency programmes in the EU and Member States
5. Private enforcement I: Right to damages, direct/indirect purchasers and pass on
6. Private enforcement II: Quantification of Damages
7. Competition Law Enforcement and Corporate Governance
8. Remedies and due process in the enforcement of competition law
9. Criminal enforcement
10. Optimal Enforcement - What is the best mix of public and private enforcement?
    

Recommended materials

Blackstone's UK and EU Competition Documents, Seventh Edition, Edited by Kirsty Middleton, ISBN13: 9780199582433; ISBN10: 0199582432 Paperback, 624 pages, Oct 2011

Preliminary reading

For those who want to do some relatively light summer reading related to the module, there are two “true antitrust crime” novels/documentaries related to the module content:

1. Christopher Mason, The Art of the Steal - Inside the Sotheby’s-Christie’s Auction House Scandal - Penguin Group USA (2005) - Paperback - 416 pages - ISBN 0425202410 (please note: the film “The Art of the Steal” is unrelated to this book)
2. Kurt Eichenwald, The Informant - Broadway Books (2001) - Paperback - 656 pages - ISBN 0767903277

Both these books are well researched and easy reading. The second book has been adapted into a comedy film by Steven Sonderbergh (featuring Matt Damon). The focus of the film is not quite as much on the antitrust aspects that are relevant to the module, but is good entertainment and mildly informative as well.

For those who actually want to prepare the module in advance, go to the SSRN author page of the current Hearing Officer of the European Commission Wouter Wils (http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=456087) and start reading the articles you find interesting; all of them deal with issues highly pertinent to the course (and most of them will be required or highly recommended reading anyway).

Prizes for this module:

1. Val Korah Prize for Excellence in Competition Law - Awarded to the best candidate specialising in competition law and chosen by the Val Korah prize committee.

2. Jevons Institute Prize for Top Competition Law Students - Awarded to LLM candidates who excel in the competition law and economics.

The application process for the 2013-14 academic session is open.
The deadline for applications to be received has been extended to Monday 1 July 2013

Please refer to the How to apply section for information on the application process.