Overview

This course strengthens participant knowledge of the fundamentals of antitrust and competition law. It provides participants with important insights on new developments, cutting edge issues, and best practices. The course focuses on these issues through a comparative analysis of antitrust assumptions, goals, regimes and outcomes around the world. Often, the U.S. and the EU systems are used as points of comparison. These major substantive and procedural fundamentals and developments will be explored through lecture, video presentations, in-class discussion, and real-world case studies as supplemented by relevant sources of documentation.

Examining the foundations, sources, and underlying principles of antitrust laws, the course will provide participants with the opportunity to examine critically the material with colleagues and experts and to discuss case studies reflecting the application of antitrust principles throughout the world.

Furthermore, building on the foundational material, participants will consider specific antitrust issues: cartels, dominant position abuse, mergers, joint ventures, distribution, information exchanges and the IP/antitrust interface> In addition, there will be focus on enforcement strategies and procedures employed to achieve these antitrust goals in both the public and private sectors. The course is intended for judges, lawyers, non-lawyer professionals, government officials, judicial officers and officials of judicial and legal training units.

Format

The seminars are currently offered both in-person and online simultaneously, at the choice of the participant. This choice must be indicated at the time of registration. A small number of courses are scheduled to be delivered exclusively in person or online, and are indicated as such in the 2024 schedule. In-Person Only seminars usually start at 9:30 am Washington D.C. time. Daily sessions usually end at 4:00 pm. Breaks (including the lunch break) are allocated as appropriate. Online Only seminars will be delivered through five (for 1-week course) or ten (for 2-weeks course) live online sessions via videoconferencing platform. Each session will last approximately 3.5 hours and will be scheduled to start within a time window of 7:00 am – 8:30 am Washington D.C. time. Hybrid In-Person/Online seminars will start at a time most convenient to both in-person and online participants, and will generally follow the In-Person seminar format. We expect the classes to be highly interactive and can include presentations, case studies and exercises.

Course Outline

Foundations/Sources of Antitrust/Competition Laws

• Substantive policy assumptions and goals
• Investigative and Litigation Pathways, Procedures and Remedies

Antitrust Fundamentals

• Cartels
• Dominant position abuse
• Mergers
• Joint ventures
• Vertical restraints
• Information exchanges
• IP/antitrust interface

Competition Enforcement

• Public (civil/criminal sanctions, ex ante notification)
• Private and collective redress
• Investigation and Discovery

Evidence/Remedies

• Important concepts
• Collusion
• Abuse
• Market definition/market power
• Role of experts
• Role of big data

Globalization of Antitrust

• Global restraints/international responses
• Regional, bilateral and networks – conflicts
• The “Brussels Effect”

New and Latest Developments

• Conflicts and/or convergence
• Enhanced enforcement techniques and compliance
• The challenges of “big tech”

Class Format

• Lectures
• Video presentations by antitrust authorities
• Case studies
• Reference to key sources of documentation
• Teamed problem solving and possible visit to an enforcement agency or a court

Course Advisors

Howard W. Fogt has practiced antitrust and competition law for more than 40 years as a partner in the Washington DC and Brussels Belgium offices of Foley & Lardner LLP. His practice has involved counselling/litigating on cartels, dominant positions, mergers/acquisitions, joint ventures, information exchanges and the IP/antitrust interface as well as antitrust/competition law in international trade. Mr. Fogt taught EU competition law at Georgetown University Law Center.

He has written and spoken extensively on U.S. EU and international antitrust issues. Prior to entering private practice, he was a law clerk on the Ohio Supreme Court and Associate Counsel on the Antitrust Subcommittee of the Judiciary Committee of the U.S. House of Representatives. He is admitted to the Ohio State Bar, the Bar of the District of Columbia and the United States Supreme Court. He is fluent in English and French.