Competition Policies for Business

Competition Policies for Business
Competition Policies for Business

Syllabus for MBA studies

  • Study module name:​ Competition Policies for Business
  • Lecturer: Pietro Andrea Podda, PhD.
  • Final check of studies: Written assignment

Aim of the MBA study module:​ 

  • Understand competition policy and relevant concepts like i.e. competitor, relevant market, market power, restriction of competition.
  • Study the applications of competition policies at an international business level.
  • Understand and be able to define and critically analyse all main types of competition policy infringements (i.e. cartels, abuse of dominant position, state aids).
  • Being able to apply Competition rules to real international business-life situations, avoiding behaviours which could bring the company under the lens of anti-competitive authorities.
  • Being able to compare the main principles and practices in the European Union (EU), Russia (and other former Soviet Republics) and China.

Content of the MBA study module: 
This MBA course familiarizes students with the regulation of economic competition in the EU (whose rules apply also to the Czech Republic) and also in countries relatively new to regulating competition like Russia and China. Specific comparisons will be made also with competition policies in other former Soviet Republics (i.e. Ukraine). Students should acquire deep knowledge of the regulation of cartel agreements, abuse of dominant position, concentrations and state aids. Apply knowledge to real-business situations. This course will enable students to operate safely when working with large companies as well as when transacting with them, as clients, suppliers or partners.

  • Chapter 1: Origins, developments and principles of protection of economic competition in Europe, Russia (and former Soviet Republics in general) and China. Goals of competition policies and their evolution in time. Distortion of competition and effect on trade. The concept of the Undertaking: what is a company?
  • Chapter 2: The concept of the Relevant Market: who is Your competitor? How can You know who is Your competitor? Types of anti-competitive behaviour.  The concepts of public interest and State-conferred monopoly.  Exemption from competition rules. Analysis of Agreements and Concerted Practices.  Horizontal, Vertical and Hard-Core Cartels. Comparing EU, Russian (and former Soviet Republics in general) and Chinese rules and practices.
  • Chapter 3: Specific cases: supply alliances, strategic alliances, transfer of technologies within cartels. Distribution Agreements and Agencies. Rationale for exceptions. The "de minimis" doctrine. Controversial aspects of Competition Policy. Consequences for large companies and for small companies transacting with them. 
  • Chapter 4: The abuse of dominant position. A Comparison of EU, Russian (and former Soviet Republics in general) and Chinese rules and practices. Test for the existence of Dominance: when is a company a Dominant? Excessive Pricing: theory and practice. Application of Dissimilar Conditions for Equivalent Transactions. Tying (Bundling). Consequences for large companies and for small companies transacting with them.
  • Chapter 5: Discount Policies. Transfer of technology and know-how within dominance. Analysis of Abuse of Dominance in specific sectors (i.e. Agriculture, Transport, Energy). Merger regulation. Discussion of the occurrence of an Acquisition: when can we say Control has shifted? What are the consequences for business operations?
  • Chapter 6: State Aids.  A Comparison of EU, Russian (and former Soviet Republics in general) and Chinese rules and practices. Aids to companies which are forbidden. Aids to companies which can be forbidden. Consequences for large and small companies. Lobbying and negotiations between State and regulating authorities. Extension of the comparative element so to include also countries (i.e. Vietnam) which are becoming important hubs for international business activities.

Mandatory literature: Online study materials prepared by the lecturer.
Recommended literature and other sources:
all content on: http://ec.europa.eu/competition/index_en.html
Wish R., & Bailey, D. (2012). Competition Law. Oxford: Oxford University Press.
Gerandin, D., Layne-Farrar, A., & Petit, N. (2012). EU Competition Law and Economics. Oxford: Oxford University Press.
Chernyshov, G. (2012). Spotlight on Moscow: Recent Developments in Russian Competition Law. Moscow: White & Case.
Law of the People's Republic of China Against Unfair Competition [online]. In China.org.cn, c2011 [cit. 2017-03-14]. Available at WWW: < http://www.china.org.cn/china/LegislationsForm2001-2010/2011-02/14/content_21917135.htm>

 

 

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