Building Com petence. Crossing Borders.

Prof. Dr. Patrick Krauskopfpatrick.krauskopf@ zhaw.ch | 2rd July 2018

CAS International Competition Law and ComplianceOverview

Organisation & Administration

- Location

- Documentation

- Translation Service

- Side Events

- Networking

Introduction Competition Law

2nd.July 2018 Introduction Competition Law 2

Functions of Competition

Introduction Competition Law

Liberty Control

Governance

Innovation and progress

Distribution

Introduction Competition Law 32nd.July 2018

Introduction Competition Law

Introduction Competition Law

4

Agreements affecting

competition

Control of conduct«ex post»

Unlawful practicesby dominant undertakings

Control of conduct«ex post»

Concentrations ofundertakings

Control of structure«ex ante»

The three pillars of Swiss competition law

2nd.July 2018

Introduction Competition Law

Scope of Application

Introduction Competition Law

5

Personal

Substance

Private or public undertakings that are parties to cartels or to other agreements affecting

competition, which exercise market power or which participate in concentrations of

undertakings

Suppliers of goods and services

Effects Effect in Switzerland (effects doctrine)

2nd.July 2018

Introduction Competition Law

Definition of the Relevant Market

6

Gwenaël MUGUET POULLENNEC

Determinative for the evaluation of competition-relevant cases is not the entire market, but rather only a part of it àRelevant market

Product/Service

Territory Territory in which there is a supply/demand

Substitutable goods/services due to characteristicsand purpose

Time Availability of substitutes (short or long term)

2nd.July 2018

Introduction Competition Law

Agreements

7

Blaise CARRON

Manifestationsof cartels

Legallyenforceable à

contracts

Legally not enforceable à«Gentlemen’sAgreement»

Collusivebehaviour

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Introduction Competition Law

Agreements

8

Blaise CARRON

Horizontal agreements Vertical agreements

Competitors

Manufacturer

Distributor

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Control of Concentrations

9

Susanne ZÜHLKE

Control of concentrations of undertakings

Merger Takeover Joint Venture

new

Introduction Competition Law2nd.July 2018

Sanctions in Competition Law

10

Boris KASTEN

Fines

Jail

…and more

Introduction Competition Law2nd.July 2018

Public and Private Enforcement

11

Olivier SCHALLER

Public Enforcement Private Enforcement

Initiation of proceeding?Entitlement of activities?Cost risk?Sanctions?

Introduction Competition Law2nd.July 2018

Compliance: « Must haves » for Companies

12

Kinga FRATER / Walter STOFFEL / Herbert WOHLMANNJohannes STAMPFER / Dominique SPEEKENBRINK

Strategy

DocumentsPeople

Process

Introduction Competition Law2nd.July 2018

Leniency Program

13

Marc BARENNES

First come, first served!

Waive the fine(100%)

Reduction of the fine(- 50 or 80%)

Introduction Competition Law2nd.July 2018

Specific Competition Law Issues

14

Jay HIMES / William KOVACIC / Dominique GUEXTheodor THANNER / Antonio GOMES / Sergio CABALLERO / Andrey TSYGANOV

ASSOCIATIONS

US / CLASS ACTIONS

DIGITALISATION

INVESTIGATION TECHNICS

Introduction Competition Law2nd.July 2018

SWITZERLAND

RUSSIA