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Competition Law in Contracting Training Course.

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Competition Law in Contracting Training Course.

Introduction

Competition law, also known as antitrust law in some jurisdictions, is designed to promote fair competition and prevent anti-competitive behavior in the marketplace. It plays a crucial role in shaping contractual relationships, ensuring that businesses do not engage in practices that stifle competition, such as price-fixing, market sharing, or exclusive dealing. This 5-day training course will explore the intersection of competition law and contract management, providing participants with the knowledge to draft, negotiate, and manage contracts that comply with competition law regulations. Through case studies, legal analysis, and practical exercises, participants will learn how to identify, avoid, and resolve competition law issues in contractual agreements.

By the end of this course, participants will be equipped to recognize and mitigate competition law risks in contracts, fostering compliance while driving business success.

Course Objectives

By the end of this course, participants will:

  • Understand the fundamentals of competition law and its importance in contractual relationships.
  • Learn to identify anti-competitive practices in contracts, including price-fixing, market allocation, abuse of dominance, and exclusive agreements.
  • Gain knowledge of the prohibition of restrictive agreements and how to comply with competition laws when drafting contracts.
  • Explore the role of mergers and acquisitions (M&A) in competition law and how to address competition concerns in M&A contracts.
  • Understand the global perspective on competition law and its impact on cross-border contracts and international business transactions.
  • Learn how to negotiate contracts that align with competition law principles to avoid legal challenges.
  • Explore the consequences of violating competition law and the legal remedies available, including fines, damages, and contract invalidation.
  • Develop strategies for risk management and ensuring compliance with competition law in contract negotiations and execution.

Who Should Attend?

This course is ideal for professionals involved in contract management, competition law, corporate governance, and business strategy, including:

  • Contract Managers and Administrators responsible for ensuring legal compliance in contractual agreements.
  • Corporate Lawyers and Legal Counsel specializing in antitrust law, competition law, or commercial law.
  • Business Development Managers, Procurement Managers, and Sourcing Specialists involved in contract negotiations.
  • Mergers and Acquisitions Professionals involved in evaluating and structuring contracts in compliance with competition regulations.
  • Compliance Officers and Regulatory Affairs Managers responsible for overseeing adherence to legal frameworks in business operations.
  • Economists, business strategists, and analysts involved in assessing competitive practices in the market.
  • Consultants and advisors offering advice on competition law and its application in business contracts.
  • Executives and senior managers with responsibility for strategic business decisions in compliance with competition law.

Course Outline (5 Days)

Day 1: Introduction to Competition Law in Contracting

  • Overview of Competition Law
    • The fundamental principles of competition law: promoting fair competition, protecting consumers, and preventing anti-competitive behavior.
    • The role of competition law in maintaining a free market economy and the regulatory bodies that enforce these laws (e.g., European Commission, U.S. Federal Trade Commission, Competition and Markets Authority (CMA)).
    • Key international competition law frameworks: European Union (EU) competition rules, U.S. antitrust laws, and the Competition Act in various countries.
  • Anti-competitive Practices in Contracting
    • Prohibited practices: price-fixing, market allocation, group boycotts, and exclusive dealing.
    • Identifying when contracts may violate competition laws and the risk of collusive behavior.
  • The Role of Contracts in Promoting or Limiting Competition
    • The interaction between competition law and contract law.
    • Understanding how contracts can either foster competition or restrict it.
    • Cartels and anti-competitive clauses in contracts: how to avoid illegal practices.
  • Workshop: Analyzing Contracts for Competition Law Compliance
    • Participants will review sample contracts and identify potential competition law issues.

Day 2: Restrictive Agreements and Competition Law

  • Prohibited Agreements Under Competition Law
    • Horizontal agreements (between competitors) and their impact on market competition.
    • Vertical agreements (between suppliers and distributors) and their competition law implications.
    • Hardcore restrictions: price-fixing, bid-rigging, and resale price maintenance.
  • Assessing the Legality of Contracts Under Competition Law
    • When are agreements considered anti-competitive?
    • The per se and rule of reason tests for assessing anti-competitive agreements.
    • Exemptions and exceptions in competition law: when restrictive agreements are allowed (e.g., efficiency justifications).
  • The Role of Market Power and Dominance
    • Abuse of market dominance: exclusive agreements, loyalty discounts, tying and bundling practices.
    • Assessing whether contractual terms result in the abuse of a dominant position under competition law.
  • Workshop: Drafting Contracts to Avoid Anti-Competitive Provisions
    • Participants will work on drafting contracts that align with competition law and avoid illegal restrictive agreements.

Day 3: Competition Law in Mergers and Acquisitions

  • The Impact of Mergers and Acquisitions (M&A) on Competition
    • Assessing how M&A transactions can raise competition concerns.
    • The role of competition authorities in reviewing mergers and acquisitions: regulatory approvals, notifications, and clearances.
    • Anti-competitive effects of M&A: reduced competition, increased market concentration, and the potential for monopolistic behavior.
  • Drafting M&A Contracts with Competition Law Compliance
    • Ensuring merger agreements comply with competition laws and avoid anticompetitive risks.
    • Behavioral commitments and structural remedies in M&A deals to address competition concerns.
  • Global Trends in M&A and Competition Law
    • Key developments in global antitrust scrutiny of cross-border mergers and acquisitions.
    • Case studies: significant M&A cases and competition law challenges.
  • Workshop: Assessing M&A Contracts for Competition Law Compliance
    • Participants will evaluate and revise M&A agreements for potential competition law issues.

Day 4: International Competition Law and Cross-Border Contracts

  • Global Perspective on Competition Law
    • The role of international organizations: OECD, UNCTAD, and the World Trade Organization (WTO) in promoting global competition.
    • The impact of international agreements and treaties on competition law.
    • Regional differences in competition law enforcement: European Union, U.S., Asia-Pacific, LATAM, and Africa.
  • Cross-Border Contracting and Jurisdictional Challenges
    • How cross-border transactions can give rise to competition law challenges.
    • Jurisdictional issues in enforcing competition law in international contracts.
  • Managing Competition Law Risks in Global Transactions
    • Developing strategies for assessing and managing competition risks in cross-border contracts.
    • Cartel risks and compliance issues in multinational agreements.
  • Workshop: Drafting International Contracts with Competition Law Considerations
    • Participants will work on real-life case studies and draft cross-border contracts that comply with competition regulations.

Day 5: Enforcement, Remedies, and Compliance Strategies

  • Enforcement of Competition Law in Contracts
    • The role of competition authorities and regulatory bodies in enforcing competition law.
    • Investigations, fines, and sanctions for violating competition law.
  • Legal Remedies for Anti-Competitive Practices
    • How courts enforce competition law and the types of legal remedies available: injunctions, damages, and contract invalidation.
    • The role of private litigation in pursuing competition law claims.
  • Compliance Strategies for Businesses
    • Best practices for ensuring competition law compliance in contract management and business operations.
    • The role of compliance programs, internal audits, and training in reducing legal risks.
    • The importance of compliance clauses and ensuring ongoing monitoring of contract execution.
  • Ethical Considerations in Competition Law Compliance
    • The ethical dimensions of competition law enforcement and the role of businesses in promoting fair competition.
  • Workshop: Developing a Compliance Plan for Contracts
    • Participants will develop a practical compliance plan for managing competition law risks in contracts.

Date

Jun 16 - 20 2025
Ongoing...

Time

8:00 am - 6:00 pm

Durations

5 Days

Location

Dubai

Category

Next Occurrence

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