Brochure Brussels School of Competition by Triptyque

Advanced Master (LL.M.) Competition Law and Economics October 2010 > June 2011

Content 03

The Brussels School of Competition in a Nutshell

Purpose of the LL.M.

Academic Programme

Admission Requirements & Fees

15 Organisation

Practical Information

Registration Form

The Brussels School of Competition in a Nutshell

Brussels is not only home to the European Commission and a key meeting place for national competition enforcement authorities, it also serves as the European headquarters for major Belgian and international businesses, law firms and economic consultancies. As a result, Brussels is unquestionably one of the world’s antitrust capitals. The BSC aims to capitalise on this wealth of competition expertise to offer a high-profile Master’s degree in EU competition law and economics. In recent years, demand for professional training in competition law (conferences, seminars, workshops, etc.) has increased exponentially, driven to a large extent by the challenges posed by (i) the growing influence of economic theory in competition proceedings; and (ii) the importance of competition “compliance” within companies. Given the current economic context, competition lawyers have also been eager to supplement their substantive knowledge and hone their professional skills.

In response to this demand, the FEB and Professor Nicolas Petit (University of Liège) decided to establish the Brussels School of Competition (BSC). The BSC’s primary purpose is to organise a high-profile, specialised course leading to an advanced Master (LL.M.) in Competition Law and Economics. The course will be taught in English and will start in 2010.

President of the BSC

Director of the BSC

Philippe Lambrecht Secretary General, FEB

Nicolas Petit Professor, University of Liège

Charles Gheur Advisor, FEB

www.brusselsschoolofcompetition.eu

The LL.M. programme has been designed to meet the needs of companies and their counsels, who have to cope with increasingly complex competition rules and the unprecedented economic risks arising from the enforcement of those rules. It targets in particular:

Purpose of the LL.M.

Business lawyers and economic consultants (junior and senior) seeking to expand, improve or refresh their knowledge of competition law and economics; Companies, not only in-house lawyers, but also managers, executives and public affairs experts who come across competition issues in their daily business activities; Civil servants from competition agencies, sectoral regulators, public administrations and state-owned companies, who regularly have to deal with situations involving competition law.

The LL.M. programme in Competition Law and Economics has five unique, defining, features: 1. It offers practical training, thanks to an experienced contingent of competition lawyers, economic consultants, and senior officials. 2. It provides high-level lectures given out by outstanding academics. 3. It offers a modern approach to training, fully embracing the interdisciplinary nature (law and economics) of competition policy. 4. It proposes a flexible training programme compatible with the requirements of professional practice. 5. It gives its students opportunities to socialise and meet fellow competition professionals on a regular basis.

Academic Programme

The course is divided into 12 modules, covering the full range of EU competition law and economic issues: joint ventures and horizontal cooperation agreements, vertical agreements and distribution networks, cartels, abuse of dominance, mergers and acquisitions, State aid, etc. With 15 in-class hours for each module, this programme seeks to offer the strongest possible training in the various disciplines of competition policy. Moreover, most modules are taught by both a lawyer and an economist in order to espouse the multidisciplinary nature of competition policy.

1. General Introduction to Competition Law and Economics (15 hours) S. Bishop (RBB Economics) and N. Petit (University of Liège)

2. The Law and Economics of Cartel Agreements (15 hours)

E. Sakkers (DG COMP, European Commission) and J. Ysewyn (Linklaters LLP)

3. The Law and Economics of Horizontal Cooperation Agreements and Joint Ventures (15 hours) A. Lofaro (RBB Economics) and S. Völcker (WilmerHale LLP)

4. The Law and Economics of Vertical Restraints (15 hours) T. Vergé (French Competition Authority) and F. Wijckmans (Contrast)

5. The Law and Economics of Abuse of Dominance (15 hours) J-F. Bellis (Van Bael & Bellis) and A. Perrot (French Competition Authority)

6. The Law and Economics of Merger Control (15 hours) P. Hofer (NERA) and N. Levy (Cleary Gottlieb LLP)

7. The Law and Economics of State Aid and other Anti-Competitive State Interventions (15 hours) J. Derenne (Hogan Lovells LLP) and D. Spector (Paris School of Economics)

8. The Procedural and Institutional Framework of EU Competition Enforcement (15 hours) F. Castillo de la Torre (Legal Service, European Commission) and L. Ortiz Blanco (Garrigues)

9. EU Competition Law and Intellectual Property (15 hours) P. Belleflamme (University of Louvain-la-Neuve) and A. Strowel (FUSL and Covington & Burling LLP)

10. Competition Law and the Regulation of Network Industries (15 hours) P. Larouche (University of Tilburg) and J. Padilla (LECG)

11. National Competition Law (15 hours):

Belgian Competition Law: J. Steenbergen (Belgian Competition Authority) and A. Walckiers (Belgian Competition Authority) French Competition Law: C. Lemaire (Ashurst LLP and University of Paris I) and F. Zivy (French Competition Authority) UK Competition Law: C. Brown (Matrix Chambers) and R. O’Donoghue (Brick Court Chambers) German Competition Law: T. Jestaedt (Jones Day) and P. Werner (Howrey LLP)

12. Consumer Protection and Unfair Trading Practices (15 hours)

M. Lissowska (DG SANCO, European Commission) and J. Stuyck (University of Leuven and Liedekerke)

www.brusselsschoolofcompetition.eu

Academic Programme 1

General Introduction to Competition Law and Economics S. BISHOP and N. PETIT Session 1

Session 2

Session 3

Friday 1 October 2010

Friday 8 October 2010

Friday 15 October 2010

This module will cover in particular the following topics :

1. Practical importance of competition law for public and private decision makers; 2. Macro and micro economic effects of competition policy; 3. Consumer welfare and efficiency benefits; 4. Perfect competition and monopoly; 5. The “Structure-ConductPerformance” paradigm; 6. The Chicago school; 7. The German ordo-liberal school; 8. The market integration ethos; 9. Rules and institutions of EU competition law; 10. Relationship between EU and national competition law; 11. Effect on trade; 12. The concept of “undertaking”; 13. Extraterritorial application of EU competition law and the effects doctrine

Simon Bishop (RBB Economics)

Nicolas Petit (University of Liège)

Simon Bishop has worked in economic consultancy since 1991. He has advised on numerous major cases before the EU Commission and national competition authorities. He has particular expertise in the application of quantitative techniques both in the context of assessing the likely competitive effects of mergers and also in non-merger settings. He has published widely including reports and articles on market definition, collective dominance in merger control, bidding markets, loyalty rebates and vertical restraints. He is the co-author of “The Economics of EC Competition Law”, the leading textbook on the application of economics to European competition law, and co-editor of the European Competition Journal.

Nicolas Petit is Professor at the Law School of the University of Liege, and Visiting Professor at the EDHEC Business School, Lille, France. He is the Director of the ULg LL.M. in European Competition and Intellectual Property Law, co-Director of the Institute for European Legal Studies and Director of the Global Competition Law Centre of the College of Europe. He was formerly an Associate at Howrey LLP, Brussels and served as a Clerk at the Commercial Chamber of the French Supreme Court. He holds a PhD in law (2007) which was prized both by the review Concurrences and by the International League of Competition Law. In 2009, he was appointed International Reporter of the LIDC. In 2005 he was selected to become a member of Harvard Law School’s Visiting Researchers Programme. In addition to this, he is a member of the editorial board of the law review e-Competitions and senior editor of the online magazine Antitrust Chronicles.

The Law and Economics of Cartel Agreements E. SAKKERS and J. YSEWYN Session 1

Session 2

Session 3

Friday 22 October 2010

Friday 29 October 2010

Friday 5 November 2010

This module will cover in particular the following topics :

1. Economic and Historical Background on Cartel Enforcement; 2. Collusion and Leniency in Economic Theory; 3. Types of Cartel Practices; 4. Cartel Investigations in Practice: the administrative procedure; 5. The Leniency Programme: ins and outs of handling applications; 6. Fines and Limitation periods; 7. Parental liability and other Imputability Issues; 8. The Settlement Procedure; 9. Judicial review in cartel cases; 10. International cooperation in Cartel Cases

Ewoud Sakkers (DG COMP, European Commission)

Johan Ysewyn (Linklaters LLP)

Ewoud Sakkers has been with the Directorate-General for Competition of the EU Commission since 1997. During his first 3½ years in DG Competition he worked in the so-called Merger Task Force. Since the beginning of 2001 he works in the area of antitrust enforcement, where is a Head of Unit in the Cartels Directorate. He worked in the trade policy department of the European Commission, on anti-dumping and anti-subsidy issues, where he started in 1993. Before that, he was in-house legal counsel with KPN, the Dutch telecommunications company. After spending an initial year of university education in the U.S., he obtained a law degree at the University of Utrecht in the Netherlands in 1990. In 1991 he obtained an LLM degree in European law from the College of Europe in Bruges. His publications include a major chapter on cartels in “The EC law of Competition”. He is also coauthor of the looseleaf “European Cartel Digest”.

Johan Ysewyn heads the Competition Group of Linklaters in Brussels. He also is the co-head of the Linklaters Global Core Cartel Group, which brings together lawyers and staff from different jurisdictions and practices, who are involved in global and local cartel investigations and litigation. His practice has a strong focus on international and European cartel investigations and he has defended companies from a range of sectors. He acted for companies under investigation in alleged cartels, inter alia in oil derivatives, manufacturing, banking, cereal trading, retail and pharmaceuticals. In the light of his experience, he has written and lectured extensively on international cartel and leniency-related issues. He co-authors the loose-leaf “European Cartel Digest”.

The Law and Economics of Horizontal Cooperation Agreements and Joint Ventures A. LOFARO and S. VÖLCKER Session 1

Session 2

Session 3

Friday 12 November 2010

Friday 19 November 2010

Friday 26 November 2010

This module will cover in particular the following topics :

1. Economic theories of harm for competitor cooperation; 2. Joint production and specialization; 3. Joint R&D; 4. Joint purchasing; 5. Joint distribution; 6. Standardisation; 7. Information exchange; 8. Minority shareholdings; 9. Airline alliances

Andrea Lofaro (RBB Economics)

Sven Völcker (WilmerHale LLP)

Andrea Lofaro started work in economic consultancy in 1998 after completing his PhD in Economics. His consulting experience includes work on numerous Phase II EU Merger Regulation cases in a range of industries including banking, energy, insurance, oil, online advertising, packaging, paper, petrochemical products and pharmaceuticals. He has also worked on a number of high profile cartel and abuse of dominance cases. He has given oral evidence before the EU Commission, the UK Competition Commission, the Italian competition authority, the Belgian Conseil de la Concurrence and the South African Competition Commission and Tribunal. He has published widely on competition policy and industrial economics in journals including the Antitrust Bulletin, the European Competition Law Review, The European Business Organization Law Review, the European Journal of Political Economy and the Journal of Economics.

Sven Völcker is a partner in the Wilmerhale’s Regulatory and Government Affairs Department, and a member of the Antitrust and Competition, Aviation and European Regulatory Practice Groups. He joined the firm in 1995. A US and German-qualified lawyer, he is an experienced counselor and advocate with extensive involvement in large and complex matters. His practice encompasses counseling on EU and German antitrust rules, merger clearance, cartel and other behavioral cases, and EU State aid law. He has extensive experience in a wide range of industries, including aviation, financial services, manufacturing, media, packaging, software and telecommunications. His experience prior to joining the firm includes an internship in the policy directorate of the European Commission’s Directorate General for Competition.

The Law and Economics of Vertical Restraints T. VERGE and F. WIJCKMANS Session 1

Session 2

Session 3

Friday 3 December 2010

Friday 10 December 2010

Friday 17 December 2010

This module will cover in particular the following topics :

1. General overview of the law and economics of vertical agreements (helicopter perspective); 2. Essential features of the most common distribution systems: exclusive distribution, non-exclusive distribution, selective distribution, franchising and agency; 3. Framework for the analysis of distribution agreements covered by Regulation 330/2010; 4. Blacklisted restrictions (resale price maintenance, territorial and customer restrictions); 5. Freedom and limitations on e-commerce; 6. Supply and subcontracting agreements; 7. Vertical agreements between competitors; 8. Use of economics in the self-assessment of vertical agreements (relevant economic theories and self-assessment methodology); 9. Sector-specific rules on vertical agreements Thibaud Vergé (French Competition Authority)

Franck Wijckmans (Contrast)

Thibaud Vergé has been appointed Chief economist at the Autorité de la concurrence in February 2010. PhD in economics (University of Toulouse) and a graduate of the École Polytechnique, Thibaud Vergé was previously lecturer in economics at the University of Bristol (2000-02) and the University of Southampton (2002-05) before joining CREST (Paris). He has since been teaching at ENSAE, Ecole Polytechnique and HEC Lausanne, and was an academic associate with Charles River Associates (2008-10). His research work on industrial economics applied to competition policy has been published in several international academic journals such as Rand Journal of Economics, Journal of the European Economic Association, Journal of Industrial Economics and European Economic Review.

Frank Wijckmans is a partner of Contrast. He is active in the fields of EU and competition law and Belgian business law. He is an experienced negotiator, litigator and arbitrator. He is a regular speaker at conferences. He graduated from the University of Antwerp and obtained a Master’s degree at the University of Virginia (USA). He has an extensive publication record in the fields of EU competition law and EU and Belgian distribution law. He is the co-author of a monograph on the current EU competition law regime applicable to vertical agreements, including motor vehicle distribution, “Vertical Agreements in EC Competition Law”.

www.brusselsschoolofcompetition.eu

Academic Programme 5

The Law and Economics of Abuse of Dominance J-F BELLIS and A. PERROT Session 1

Session 2

Session 3

Friday 7 January 2011

Friday 14 January 2011

Friday 21 January 2011

This module will cover in particular the following topics :

1. Market Definition; 2.Dominance and the Assessment of Significant Market Power; 3. Collective Dominance; 4. Abusive Conduct – Exploitative and Exclusionary Practices; 5. The Guidance Document on Article 102 TFEU and the Effects-Based Approach; 7. The Chicago School, Efficiencies and Objective Justifications; 7. Unfair Trading Conditions; 8. Predatory Pricing; 9. Exclusive Dealing

Jean-François Bellis (Van Bael & Bellis)

Anne Perrot (French Competition Authority)

Jean-François Bellis is the managing partner of Van Bael & Bellis, a Brussels law firm specialised in EU and Belgian business law. He is also professor of EU competition law at the Institute of European Studies of the University of Brussels and teaches a seminar on competition law at the University of Liège. He started to practice law in 1975 specialising in competition and trade law. In 1979-1980, he served as Legal Secretary to Lord Mackenzie Stuart at the Court of Justice of the European Union. In 1986, he founded Van Bael & Bellis. He has advised international clients in numerous cases at EU and national level involving a broad range of antitrust issues. He has extensive litigation experience in EU competition cases. He has written numerous books and articles in the field of competition law. He is the co-author of “Competition Law of the European Community”.

Anne Perrot is Vice-Chair at Conseil de la Concurrence since 2004. She was previously full professor at University of Paris I-Panthéon Sorbonne. She received a Ph.D. in Mathematics and a Ph.D. in Economics. She was former head of Laboratoire d’Economie Industrielle. She belongs to the Economic Advisory Group on Competition Policy working with the Chief Economics of the DG Comp. She was a teaching fellow at the University Pierre et Marie Curie, a lecturer, then assistant professor, at the Sorbonne and a professor at the University of Le Mans. From 1992 to 1995, she worked as the scientific advisor to the Observatoire Economique et Statistique des Transports. She is co-editor of economics journals, like Economie et Prévision and Competition Policy International. She has published extensively in international economic reviews in the field of competition policy and has edited the book “Réglementation et concurrence”.

The Law and Economics of Merger Control P. HOFER and N. LEVY Session 1

Session 2

Session 3

Friday 28 January 2011

Friday 4 February 2011

Friday 11 February 2011

This module will cover in particular the following topics :

1. Legal and Economic Objectives of Merger Control; 2. Historical Background to the EUMR; 3. Overview of the EUMR and Comparison with U.S. Merger Control Rules; 4. Jurisdictional Scope of the EUMR (Definition of Reportable “Concentrations” and “Community Dimension”); 5. Division of Powers Between the Commission and Member States; 6. Product and Geographic Market Definition; 7. Substantive Assessment: Horizontal Mergers (Unilateral Effects and Coordinated Effects), Vertical Mergers, and Conglomerate Mergers; 8. Failing Firm Defense and Efficiencies; 9. Evidentiary Principles: Role of Economic and Other Evidence; 10. Procedural Issues; 11. Remedies; 12. Judicial Review Paul HOFER (NERA) Paul Hofer has extensive experience in competition policy cases before the EU Commission and various Member States, as well as in Africa and Asia. He has provided economic advice on mergers, behavioural cases, sector inquiries and market investigations, state aid, and market regulation and liberalisation. He has led empirical and conceptual work on the economics of a wide range of antitrust questions and has particular expertise in unilateraleffects modelling and merger simulation, bidding studies, tacit collusion analysis, vertical foreclosure theory, entry analysis, predation and margin squeeze cases, the effects of rebate and discount structures, aftermarkets, and market definition. He publishes regularly and is a frequent conference speaker. His education was at Cambridge, the LSE, and King’s College London.

Nicholas Levy (Cleary Gottlieb LLP) Nicholas Levy is an EU and UK antitrust partner at Cleary Gottlieb Steen & Hamilton LLP. He has extensive experience in notifying mergers and joint ventures under the EU Merger Regulation, and has been involved in many leading cases. He has also authored a two-volume treatise entitled “European Merger Control Law: A Guide to the Merger Regulation”. He was named “Competition Lawyer of the Year” by Legal Business Research’s International Who’s Who of Competition Lawyers 2009 and received the ILO Competition Lawyer of the Year Client Choice Award 2010.

The Law and Economics of State Aid and other Anti-Competitive State Interventions J. DERENNE and D. SPECTOR Session 1

Session 2

Session 3

Friday 18 February 2011

Friday 25 February 2011

Friday 4 March 2011

This module will cover in particular the following topics :

1. Brief Historical and Economic Background on State Aid Control; 2. Harmful economic effects of State Aid - Static and dynamic distortions, subsidy races, rent-seeking, moral hazard, etc.; 3. Beneficial effects of State Aid; 4. The Notion of State Aid - Legal Concept v Economic Theory; 5. Contributions and Limits of Economic Theory to the Notion of State Aid - Economic Conditions (Market Private Investor Test, Compensation of Public Service) v Other Conditions (State Resources, Distortion of Competition, Trade between Member States); 6. Compatibility Assessment of State Aid; 7. A Selection of Horizontal Compatible Aid (R&D, Risk-Capital, Regional, Sectoral) v Non Horizontal Compatible Aid (Rescue & Restructuring Aid); 8. State Aid Procedure - The Administrative Procedure before the European Commission; 9. State Aid Procedure - The Role of National Courts; 10. Judicial Review of State Aid Decisions by the European Courts; 11. State Aid and the Financial Crisis - From the Rescue to the Restructuring of the Banking Sector - The Credit Crunch of the Real Economy

Jacques Derenne (Hogan Lovells LLP)

David Spector (Paris School of Economics)

Jacques Derenne heads the Antitrust, Competition and Economic Regulation practice in Hogan Lovells’ Brussels office. He also leads their State aid practice. He is also Associate Professor of State aid law at the University University of Liège. He has advised on all areas of competition law (cartels, abuse of dominance, mergers and State aid) and EU law (particularly in regulated industries). He often appears in cases before the European Commission and EU Courts, national courts and competition authorities, and regulatory bodies. He publishes widely on EU constitutional, competition and regulatory issues. He is a founding member of the Global Competition Law Centre (College of Europe, Scientific Council and Executive Committee). He studied in Liège and at the College of Europe and is a member of the Brussels and Paris Bars.

David Spector is an Associate Professor at the Paris School of Economics and the founder of MAPP, an economic consulting firm. After a training in mathematics at the Ecole Normale Supérieure and an Economics Ph.D. at the London School of Economics, he was an Assistant Professor at the Economics department of MIT until 2001. His publications and teaching deal with the theory of oligopolistic competition, with a focus on exclusionary practices, mergers, and State aid. He also published a book on the electricity market “Electricité : faut-il désespérer du marché ?”. In his consulting work, he has been producing economic expert reports in merger, cartel, abuse of dominance, and State aid cases, before the French, Dutch and Australian competition authorities and the European Commission, as well as before national and European Courts.

The Procedural and Institutional Framework of EU Competition Enforcement F. CASTILLO DE LA TORRE and L. ORTIZ BLANCO Session 1

Session 2

Session 3

Friday 11 March 2011

Friday 18 March 2011

Friday 25 March 2011

This module will cover in particular the following topics :

1. Institutional Framework; 2. Cooperation between the Commission and National Competition Authorities; 3. Organization of Proceedings; 4. Opening of the File; 5. Investigation of Cases (I): Leniency Policy; 6. Investigation of Cases (II): Formal Investigative measures, in general. Interviews and Requests for Information; 7. Investigation of Cases (III): Inspections; 8. Investigation of Cases (IV): Penalties, Confidentiality; 9. Infringement Procedures; 10. Infringement Decisions and Penalties; 11. Rejection of Complaints; 12. Finding of Inapplicability; 13. Voluntary Adjustments, Commitments and Conclusion of the Procedure without a Formal Decision; 14. Special Procedures; 15. Judicial Review and Monitoring of Decisions Fernando Castillo de la Torre

Luis Ortiz Blanco (Garrigues)

(Legal Service, European Commission)

Fernando Castillo de la Torre is member of the Legal Service of the European Commission where he currently advises on competition law and mergers. He studied both law and political science in Madrid, graduating in 1989 and 1990 respectively, and subsequently undertook postgraduate studies at Bruges. He joined the Legal Service of the European Commission in 1996 and has been agent for the Commission in more than 250 cases in the EU Courts. He was referendaire to the President of the European Court of Justice between 1997 and 2002. He has published on a wide variety of European law subjects ranging from litigation before EU Courts to competition law and external relations.

Luis Ortiz Blanco is a partner at the EU and Competition Law Department of Garrigues. He is a former official of DG Comp. His main focus is on procedural competition issues and competition matters in the transport markets. He is Professor at the College of Europe and at the Universidad Complutense, Madrid. He also directs the Annual EU and Spanish Competition Law Program at the Instituto de Estudios Bursátiles, Madrid. At present, he serves as President of the Asociación Española para la Defensa de la Competencia, Secretary General of the Fédération Internationale de Droit Européen and Secretary General of the Asociación Española para el Estudio del Derecho Europeo. In addition, he is the Editorial Director of the Gaceta Jurídica de la Unión Europea y de la Competencia, and a member of the Advisory Board of the European Competition Journal. His publications include “EC Competition Procedure”, “Shipping Conferences under EC Antitrust Law” and “Market Power in EC Antitrust Law”.

www.brusselsschoolofcompetition.eu

Academic Programme 9

EU Competition Law and Intellectual Property P. BELLEFLAMME and A. STROWEL Session 1

Session 2

Session 3

Friday 1 April 2011

Friday 8 April 2011

Friday 15 April 2011

This module will cover in particular the following topics :

1. Incentives to innovate; Market structure; 2. Tragedy of the anti-commons; 3. Patent pools; Standard-setting organizations; 4. R&D cooperation; 5. Licensing; 6. Technology transfer (block exemption); 7. Patent trolls; Tying and bundling; 8. Interoperability and compatibility; 9. Network effects; 10. Multi-sided markets; 11. Lock-up; 12. Compulsory licensing ; 13. Exhaustion and parallel trade; 14. Specific subject-matter of IP right; 15. Patent thickets; 16. Patent settlements

Paul Belleflamme (University of Louvain-la-Neuve)

Alain Strowel (FUSL and Covington & Burling LLP)

Paul Belleflamme graduated in economics at the University of Namur (1991), where he also received his doctoral degree in economics (1997). He holds a Master of Arts in Economics from Columbia University (1992). In 1998, he became lecturer in economics at Queen Mary, University of London. Since 2002, he is professor at Université catholique de Louvain. He is attached to the Center for Operations Research and Econometrics and to the Louvain School of Management, where he teaches courses in the fields of Industrial Organization and Managerial Economics. He has published widely in leading economics journals and, with Martin Peitz, is the author of “Industrial Organization: Markets and Strategies”. He is associate editor of Information Economics and Policy and is a member of the board of Association Internationale de Droit Economique.

Alain Strowel is a professor at the Saint-Louis University in Brussels and teaches in various LLM programs (University of Liège, Hogeschool Universiteit Brussel, Munich Intellectual Property Law Centre, Maastricht University). His courses cover copyright, design and media law, as well as the interface between IP and competition. Belgian avocat since 1988, he works as Of Counsel in the Brussels office of Covington & Burling LLP where he focuses on digital copyright and trademark issues. He is a panelist for the WIPO and “.be” domain name resolution procedures. He has authored numerous articles and a few books, including “Droit d’auteur et copyright” and “Droit d’auteur et numérique”. He has edited various books among which: “Of Authors and Origins”, “Google et les nouveaux services en ligne”, “Peer-to-Peer File Sharing and Secondary Liability in Copyright Law”.

Competition Law and the Regulation of Network Industries P. LAROUCHE and J. PADILLA Session 1

Session 2

Session 3

Friday 29 April 2011

Friday 6 May 2011

Friday 13 May 2011

This module will cover in particular the following topics :

1. Overview of theories of regulation (the institutions of regulation in the EU: EU institutions, Member States, NRAs, courts, the relationship between sector-specific regulation and competition law, European liberalization policy); 2. Price regulation in endconsumer markets; 3. Regulation of access terms and conditions; 4. Vertical separation; 5. Optimal design of regulatory architecture; 6. Energy regulation (I): competing regulatory models. 7. Energy regulation (II): regulating transmission charges. 8. Energy regulation (III): harnessing renewable energy; 9. Telecom regulation (I): access based v. facilities based competition; 10. Telecom regulation (II): access regulation to telecom network; 11. Content regulation (I): Pay TV: regulation of a two-sided market; 12. Content regulation (II): Network neutrality and the content/network interface; 13. Assessing the success of recent deregulation initiatives

Pierre Larouche (University of Tilburg)

Jorge Padilla (LECG)

Pierre Larouche is Professor of Competition Law at Tilburg University and Vice-Director of the Tilburg Law and Economics Center, as well as Professor at the College of Europe. Before starting his academic career in 1996 at the University of Maastricht, he clerked at the Supreme Court of Canada in 1991-1992 and practised law for three years in the EU law unit of Stibbe in Brussels. His teaching and research interests include competition law and economic regulation, electronic communications law, media law, basic Community law and the common European law of torts. He has been a guest professor at McGill University (2002), National University of Singapore (2004, 2006, 2008, 2011), University of Connecticut (2009) and a Visiting Searle Fellow at Northwestern University (2009-2010).

Jorge Padilla is the European chief executive officer of LECG. He has advised on various cases and given expert testimony before the national competition authorities as well as in cases before the EU Commission. He earned M Phil and D Phil degrees in economics from the University of Oxford. He is a research fellow of the Centre for Economic Policy Research (London) and the Centro de Estudios Monetarios y Financieros, and is or has been member of the editorial boards of Competition Policy International, the Review of Economic Studies, the Spanish Economic Review and Investigaciones Económicas. He has written several papers on competition policy and industrial organisation.

11 National Competition Law Session 1

Session 2

Session 3

Friday 20 May 2011

Friday 27 May 2011

Friday 10 June 2011

• Belgian Competition Law: J. STEENBERGEN and A. WALCKIERS This module will cover in particular the following topics :

1. The institutional framework; 2. Relations between EU and Belgian competition law; 3. Infringement cases (I) – Substantive issues: where do the Belgian rules differ from the EU rules of competition?; 4. Infringement cases (II) – Procedural issues; 5. Infringement cases (III) – Sanctions and leniency; 6. Infringement cases (IV) – Inspections; 7. Advocacy and informal competition policy; 8. Merger control (I) – substantive issues; 9. Merger control (II) – Procedure and Remedies; 10. Judicial review; 11. Competition law and economics in practice: selected case studies

Jacques Steenbergen (Belgian Competition Authority)

Alexis Walckiers (Belgian Competition Authority)

Jacques Steenbergen is since 2007 Director General in the Belgian Competition Authority. He teaches competition law at the KU Leuven since 1979. Before joining the competition authority, he was partner in the Brussels office of Allen & Overy, and legal secretary to the President of the Court of Justice. He is also editor in chief of the Dutch-Belgian European law review SEW. He lectured or gave conferences and served as member of nomination committees or PhD examination committees in institutes and universities in Austria, Belgium, China, Germany, Hungary, Italy, the Netherlands, Poland, Spain, the United Kingdom and the United States. He publishes regularly on EU and competition law. He obtained a PhD at the KU Leuven (1978). He holds a masters degree in law from the KU Leuven (1972), and bachelor degrees or equivalent certificates in law, philosophy and economics from the University of Antwerp (1969).

Alexis Walckiers is the Chief Economist of the Belgian competition authority. As Chief Economist, he is not only closely involved in the day-to-day work of Belgian case teams, but he also assists the Director General with regard to the positions taken by the Belgian authority in international working groups and advisory committees. He also participates in the advocacy initiatives of the Belgian authority. He holds a PhD in Economics from the Université libre de Bruxelles. He has published several papers in economic journals, including one in the Journal of the European Economic Association P&P. Before joining the Belgian Competition Authority, he has worked for Breugel, an EU think tank, and Oxera, an economic consultancy.

• French Competition Law : C. LEMAIRE and F. ZIVY This module will cover in particular the following topics :

1. Institutional Framework; 2. Antitrust enforcement; 3. Merger review; 4. Guidance and Advocacy

Christophe Lemaire (Ashurst LLP and University of Paris I)

Fabien Zivy (French Competition Authority)

Christophe Lemaire is a Doctor of Law and Senior Lecturer in French and European Competition Law at the University of Paris I - Panthéon Sorbonne. He studied European Law at the University of Paris I - Panthéon Sorbonne and spent a year at the University of Warwick. Before joining the University of Paris I, he worked several years at the French Competition Council as Counsel for European Affairs and case-handler. He has also worked at the Ministry for Foreign Affairs, acting as Agent for the French Governement before the European Court of Justice. He has published or contributed to several books and articles. In addition, he is a consultant with Ashurst.

Fabien Zivy received his B.A from the Institut d’études politiques de Paris in 1997 and studied at the Universities of Paris (Panthéon-Assas) and Oxford, where he received a Master of Law Degree. He graduated magna cum laude from the College of Europe in 2000. After joining the European competition practice of Linklaters in Brussels, in 2000, he has been a Legal Secretary in the Chambers of Judge Hubert Legal, President of the Fourth Chamber of the General Court of the European Union. Since 2007, he has been the Chief of Staff of Bruno Lasserre, President of the French Conseil de la concurrence, which became the Autorité de la concurrence in 2009, pursuant to a major reform intended to modernize the French competition enforcement framework..

www.brusselsschoolofcompetition.eu

Academic Programme • German Competition Law: T. JESTAEDT and P. WERNER This module will cover in particular the following topics :

1. History and statutory framework; 2. Organisation of FCO and procedure; 3. Relation with EU law; 4. Cartels - Overview and recent developments; 5. Horizontal and vertical agreements - Overview and recent developments; 6. Abuse of dominance and related practices; 7. Judicial Review; 8. Merger control – Procedure; 9. Merger control - substantial provisions; 10. Merger control - judicial review; 11. Application of State aid law in Germany

Thomas Jestaedt (Jones Day)

Philip Werner (Howrey LLP)

Thomas Jestaedt has practiced EU and German antitrust/ competition law, EU state aid law, public procurement law, EU constitutional law, and international contracts law in Brussels for more than 20 years. He has represented clients in some of the largest European cartel cases in recent years. He is recognized as one of the leading authorities in EU state aid law and has acted for investors and governments in investment aid proceedings. He assisted one European country in the privatization of its national airline and another in aligning its tax laws with EU state aid law. He is coauthor of a leading German commentary on competition law, the main German-language publication on state aid law, the Lexis/Nexis European Competition Laws Guide, and has written more than 25 competition law articles.

Philipp Werner, a German qualified Rechtsanwalt, is a senior associate in Howrey’s Brussels office, specialising in EU and German competition law. He advises on EU and German merger control and multijurisdictional filings as well as in the field of cartels, horizontal and vertical agreements and abuse of dominance cases. He has extensive experience in State aid law, in particular concerning privatisations and restructuring in the infrastructure and transport sectors. He studied law and philosophy in Mainz and Bonn and was admitted to the bar in Berlin in 2005. He received a LL.M. from the University of Cambridge in 2003 and a Diploma in Economics for Competition Law from King´s College London in 2008

• UK Competition Law: C. BROWN and R. O’DONOGHUE This module will cover in particular the following topics :

1. Introduction to Competition law and policy in the UK; 2. The law on anti-competitive agreements and concerted practices – the Chapter I prohibition; 3. Public enforcement; 4. Criminal enforcement; 5. The law on abuse of a dominant position: the Chapter II prohibition; 6. Market studies and market investigations; 7. UK merger control; 8. Appeals and judicial review: the Competition Appeal Tribunal; 9. Private enforcement

Christopher Brown (Matrix Chambers)

Robert O’Donoghue (Brick Court Chambers)

Christopher Brown is a barrister at Matrix Chambers in London. His practice focuses on competition law and EU law, and he also has experience of sports law and general commercial and public law. Before coming to Matrix in 2009, he served as a Referendaire to the UK Competition Appeal Tribunal. He handled numerous appeals, including cartel cases, other cases concerning Article 101 and its domestic equivalent, and important merger appeals. He then became the sole competition practitioner at the law firm Farrer & Co LLP. He is convenor of the LLM course in UK Competition Law at Queen Mary University of London. He used to teach EU law at King’s College London. He writes and lectures frequently on all aspects of competition and general EU law and is joint UK rapporteur for the forthcoming Biennial Congress of the Fédération Internationale de Droit Européen.

Robert O’Donoghue is a senior junior with extensive experience of all aspects of EU and Competition Law. He has appeared in numerous cases in the UK courts, as well as the General Court and ECJ. His EU and Competition Law practice includes advisory work on European and UK competition rules and he has particular experience proceedings before the European Commission and the Office of Fair Trading, including cartels, mergers, and abuse of dominance proceedings. He has a particular interest in utility regulation (telecoms, energy, water) under both EU and UK laws. He has published, spoken, and taught extensively on EU and competition laws. He spent 10 years working in Brussels between 1997-2007 for Brick Court Chambers, DG Competition, and Cleary Gottlieb Steen & Hamilton LLP.

Consumer Protection and and Unfair Trading Practices M. LISSOWSKA and J. STUYCK Session 1

Session 2

Session 3

Friday 17 June 2011

Friday 24 June 2011

Friday 1 July 2011

This module will cover in particular the following topics :

1. Asymmetric information; 2. Behavioural biases; 3. Complexity of choice; 4. Information disclosure; 5. Advertisement as information; 6. Behaviourally based practices; 7. Impairment of consumer interests; 8. Average and vulnerable consumer; 9. The objectives and scope of application of the Unfair Commercial Practices Directive (UCPD); 10. The full harmonisation character of the Directive and the consequences for national laws (case law of the ECJ); 11. The main provisions of the UCPD; 12. Implementation of the Directive in the main jurisdictions; 13. Relationship between the UCPD and unfair competition law; 14. Relationship between the UCPD and antitrust law; 15. Relationship of the UCPD with sector specific and product specific legislation; 16. Guidance at the EU level; 17. Enforcement; 18. Self-regulation Maria Lissowska (DG SANCO, European Commission)

Jules Stuyck (University of Leuven and Liedekerke)

Maria Lissowska holds M.A. and Ph.D. in economics from the Warsaw School of Economics and also M.S. in mathematics and computer science from Warsaw University. Till 2006 she worked as a professor for the Warsaw School of Economics, and in 1990-1992 for Université de Paris Panthéon-Sorbonne. Her teaching and research covered a broad spectrum of economics, in particular financial economics and institutional economics. She is an author of about 50 articles. In 2008 she published a book “Institutions for Market Economy. The Case of Poland”. From 2007 she works for the Health and Consumers DirectorateGeneral of the European Commission in a team responsible for economic analysis of consumer markets. On behalf of the EU Commission she cooperated with the Committee on Consumer Policy of the OECD and contributed to drafting of the Consumer Policy Toolkit of the OECD.

Jules Stuyck earned a Ph d K.U. Leuven in 1975. He was admitted at the Brussels Bar in 1984. He is Partner with Liedekerke, Wolters, Waelbroeck, Kirkpatrick in Brussels, where he is head of the department of European law and Competition law. He is Professor of European law and consumer law at K.U. Leuven, Professor of European law at the Radboud Universiteit Nijmegen, Visiting professor of European Competition law at the Central European University, Budapest, Visiting professor in European Consumer law at the Université Pantéon-Assas Paris 2. He is the author of about 350 publications, co-editor in chief of Droit de la Consommation/Consumentenrecht, member of the editorial board of Journal of Consumer Policy, Revue européenne de droit de la consummation/European Consumer Law Journal and of Revue de droit commercial belge and member of the advisory board of European Review of Contract Law.

www.brusselsschoolofcompetition.eu

Admission Requirements

Education

All applicants must hold a Master in law or economics or a Master from a business school. Alternatively, applicants may hold a Master in another field and demonstrate sufficient legal expertise (e.g., professional experience or additional training in law).

Language Skills

Working knowledge of English is required (Council of Europe, Independent User, scale B2 in English).

Fees The tuition fees are €5,000 for the entire course (12 modules). The fee for a single module is €500. In-house lawyers and civil servants are eligible for a special reduced fee of €4,000 for the entire course, or €400 per module.

Organisation

Timetable

The LL.M. programme covers a full academic year, starting on 1st October 2010 and ending on 1st July 2011. The course is organised on Friday afternoons on the premises of the FEB. A lunch is provided at 12:30 p.m. prior to the beginning of each class. The LL.M. programme is divided into 12 modules. Each module takes place over a period of three weeks, with three weekly lectures on Friday afternoons from 12:30 p.m. to 6:30 p.m. (lunch + 5 hours + breaks). The LL.M. programme is geared towards the requirements of working professionals. Participants may decide to follow only part of the LL.M. programme, opting for a limited range of modules which correspond to their main areas of interest.

Assessment

Students will be assessed at the end of each module. In order to obtain the LL.M. degree, students must: (1) pass 9 out of the 12 modules; and (2) get a grade of at least 12/20 for their dissertation. Assessments will generally take the form of case studies, related to the lectures and materials delivered in class. Students will receive an exam form in the course of the module and will return their written exam within 10 days following the end of each learning blocks. As part of the LL.M. qualification, students must also write a short dissertation of no more than 45 pages (Times New Roman 12, 1.5 line spacing) on a topic to be selected from a list proposed by the various lecturers. Students attending the LL.M. programme, or part of it, are entitled to continuing professional development (CPD) points from the relevant authorities.

Teaching materials

Students will receive a documentation pack comprising an outline of their course and relevant regulations, case-law and academic literature. The documentation pack will also be sent per email to students a week ahead of each module. Students may be given reading assignments.

www.brusselsschoolofcompetition.eu

Practical Information

Contact

info@brusselsschoolofcompetition.eu

Tel +32 (0)2 515 08 59 Fax + 32 (0)2 515 09 85

Venue

The course will take place on the premises of the FEB, Rue Ravenstein 4, 1000 Brussels.

Directions By car Entering Brussels by the E40 motorway (from Ostend, London, Liège, Cologne), the E411 motorway (from Namur, Luxembourg) or the E19 motorway (from Antwerp, Amsterdam, Mons, Paris), follow the signs to Bruxelles Centre / Brussel Centrum. FEB is located in the centre of town, very close to the central railway station (Bruxelles Centrale/ Brussel Centraal). Please use the car parks in the immediate vicinity of the FEB: The Albertina/Square car park is accessible via Rue des Sols. The Grand Place car park (next to the Méridien hotel) is accessible via Boulevard de l’Impératrice. Before you set off, it is a good idea to visit the Bruxelles Mobilité website for information on traffic conditions in Brussels, available parking spaces and prices, road works and events. GPS coordinates: download the geographical coordinates for the car park to your GPS. http://www.interparking.com/Public/GPS.aspx

By public transport FEB’s offices are a short walk from the central railway station (Bruxelles Central/Brussel Centraal). It is also a metro and bus station. Train: Bruxelles Central station. Metro: Gare Centrale station (lines 1a, 1b). From the station, take the Galerie Ravenstein exit. From the station, take the Galerie Ravenstein exit. Walk through the shopping arcade and exit from the other side onto Rue Ravenstein. FEB is to the right, about 50 metres up the road. Tram: Place Royale tram stop (lines 92,94). Bus: Gare Centrale bus stop (lines 29,38,63,65,66,71), Place Royale bus stop (lines 27,38,71,95)

REGISTRATION FORM

Friday, 1 October 2010 > Friday, 1 July 2011, 12:30 p.m. - 6:30 p.m., FEB, Brussels

Please return to Mr Charles Gheur (E-mail: info@brusselsschoolofcompetition.eu – Fax: +32 2 515 09 85) 

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The Brussels School of Competition may ask registered participants to provide proof of their academic qualifications.

 I would like to register for all 12 modules at a cost of €5,000 (excluding VAT at 21%).  I am an in-house lawyer or civil servant and would like to register for all 12 modules at a cost of €4,000 (excluding VAT at 21%)2.  I would like to register for the following module(s) at a cost of €500 per module (excluding VAT at 21%) :  I am an in-house lawyer or civil servant and would like to register for the following module(s) at a cost of €400 per module (excluding VAT at 21%)2 :  G eneral Introduction to Competition Law and Economics Friday, 1, 8 and 15 October 2010

 T he Law and Economics of Cartel Agreements Friday, 22, 29 October and 5 November 2010

 The Law and Economics of Merger Control Friday, 28 January, 4 and 11 February 2011

 The Law and Economics of Anticompetitive State Aid and other Anti-Competitive State Interventions Friday, 18, 25 February and 4 March 2011

 T he Law and Economics of Horizontal Cooperation Agreements and Joint Ventures Friday, 12, 19 and 26 November 2010

 The Procedural and Institutional Framework of EU Competition Enforcement

 National Competition Law

Friday, 20, 27 May and 10 June 2011  Belgian Competition Law  French Competition Law  German Competition Law  UK Competition Law (Please choose only one)

 C onsumer Protection and Unfair Trading Practices Friday, 17, 24 June and 1 July 2011

Friday, 11, 18 and 25 March 2011

 T he Law and Economics of Vertical Restraints Friday, 3, 10 and 17 December 2010

 EU Competition Law and Intellectual Property Friday, 1, 8 and 15 April 2011

 T he Law and Economics of Abuse of Dominance Friday, 7, 14 and 21 January 2011

 Competition Law and the Regulation of Network Industries

The amount due will be payable upon receipt of the invoice from the BSC.

Friday, 29 April, 6 and 13 May 2011 2

The BSC may ask participants registering at the reduced rate to provide proof of their professional affiliation.

Cancellation policy Only written cancellations addressed to Mr Charles Gheur (rue Ravenstein 4, 1000 Bruxelles) shall be considered. Fees shall only be reimbursed where the participant’s place is cancelled at least 5 working days before the beginning of the LL.M. programme / module.

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We intend to use the information you provide to organise events and keep you informed of our future activities. In accordance with the Data Protection Act (8 December 1992), you are entitled to consult your details and have them corrected if necessary.

 Fax: +32 2 515 09 85

The Brussels School of Competition is organised within the framework of the FEB. Its primary purpose is to organise a high profile, specialised course in Competition Law and Economics. The concept of â&#x20AC;&#x153;LL.M.â&#x20AC;? is here used as a generic term to refer to a specialised study programme taught in English, which can only be undertaken by students holding an officially recognised academic degree in law and/or economics.