The course “Foundations International Company and Competition Law” comprises two distinct parts.
One part of the course will focus on Transnational Corporate Transactions. This class will focus on practical aspects of cross-border merger and acquisition transactions, in particular on selected difficulties of contract drafting for prevention of post-transaction disputes. Examples (essentially based on the acquisition of a Swiss target by a foreign purchaser) will be analysed in light of the relevant principles of contract and corporate law. Relocation of the seat of a corporation (from and to Switzerland) will also be examined.
The objective of the Competition Law part of the course is to provide the students with an overview of the regulation that governs business practices in order to avoid restrictions of competition. After an introduction to the functions of competition law, the teaching will go over the concepts of market definition, the assessment of market power, the agreements that prevent, restrict, or distort competition, the abuse of a dominant position, the merger control procedure and the regulation of state aid. Though European Union Law will serve as a basis for the analysis, the necessary links and differences in relation to Swiss Law will also be assessed. In sum, this class will demonstrate how competition law can restrain anticompetitive activities and promote free competition.
6 ECTS credits