ICN's YouTube Channel

Mission

The mission of the ICN Training on Demand project is to create a comprehensive curriculum of training materials to serve as a virtual university on competition law and practice for competition agency officials. Training modules, consisting of video lectures and accompanying materials from a diverse group of international academics and practitioners, will provide an on-line interactive educational center for competition authorities from around the world.

Modules

Modules are organized by subject matter, including competition policy fundamentals, horizontal restraints, dominant firm conduct, mergers, competition advocacy, and investigational techniques. Complementing these modules are several “short form” presentations prepared for the ICN by academics, agency officials, and non-government advisors, which can be found at the end of each series.

The ICN thanks the American Bar Association’s Section of Antitrust Law for its financial contribution in support of the ICN Training on Demand Project.

Viewing certificates are available for competition agency staff at ITOD@ftc.gov.


Introductory Module

Module 0-1: Introduction to ICN Training on Demand

This module introduces the project, explains its scope, and explains options for viewing the modules and language options.


Series I Competition Fundamentals

Module I-1: Market Definition

This module explores the role and importance of market definition in competition law investigations, including key elements such as the SSNIP analysis and the information that agencies evaluate to determine antitrust markets.

Module I-2: Market Power

This module addresses the concept of market power, central to the analysis of competition law investigations in unilateral conduct and mergers. The video includes an overview of practical techniques and the analytical tools that agencies use to determine if a firm has market power.

Module I-3: Competitive Effects

This module covers the law and economics of competitive effects and presents the elements of an effects-based approach to competition law enforcement. The video includes a hypothetical study of a loyalty rebates scenario to illustrate the principles of an effects-based approach.

Module I-4: Economic Analysis for Newer Agencies

This module presents an introduction to using quantitative economic analysis in competition cases.  Presented in two parts, the module describes basic concepts in competition economics such as market definition, unilateral and co-ordinated effects of mergers with a particular focus on how newer competition agencies can conduct effective economic analysis in the absence of the sophisticated tools and data often available in developed jurisdictions.

Short-form presentations on competition fundamentals:

This presentation contains a brief introduction to the economics of dominance, which may be useful in assessing both merger and non-merger cases.  This short-form presentation has not been formally reviewed by an ICN Working Group but was selected by the ICN Training on Demand as useful to ICN members.


Series II Horizontal Restraints

Module II-1: Introduction to Cartels

This module includes the definition of a cartel, essential attributes of an effective anti-cartel program, deterrent sanctions, detection, leniency, investigative techniques, transparency, and awareness and outreach.

Module II-2: Leniency

This module introduces the concept of leniency programs for anti-cartel enforcement. The module presents the cornerstones and benefits of an effective leniency program, the procedural aspects of a leniency program, and how leniency interacts with sanctions in a cartel enforcement action. 

Module II-3: Proving Agreement or Concerted Practice with Indirect Evidence

This modules introduces concepts and techniques for establishing the existence of horizontal conduct in the absence of direct evidence.

Module II-4: Cartel Deterrence

This module is presented as a roundtable discussion on the economics of sanctions as a deterrent to cartel behavior. The topics addressed include an introduction to the economics of crime, what types of sanctions should be employed, whether the firm or its agents should be punished, and whether the availability of private damages should be considered.

Module II-5: Public Prosecutors

This module describes how competition agencies and public prosecutors coordinate the investigation and prosecution of illegal cartels. Representatives from the Brazilian, Canadian, and Chilean authorities share their experiences and outline the initiatives taken to foster this collaborative relationship.

Module II-6: Encouraging Cartel Reporting

This module addresses methods and techniques used to optimize and streamline the cartel reporting processes. The video looks at how to encourage people to report anti-competitive activity when they have spotted a cartel, and what challenges and emotions they might go through before reporting. The module will detail how to manage reports and whistle-blowers to help ensure they remain on the reporting journey and ensure that their information is kept safe and handled correctly. Among the techniques explored in this video are the use of behavioural insights to inform engagement with potential reports/whistle-blowers, screening techniques to help categorise and triage reports, training for call handlers on building rapport and trust, the handling of requests for anonymity and rewards, and how to evaluate and manage information.


Series III Dominant Firm Conduct

Module III-2: Predatory Pricing

This module presents predatory pricing by a dominant firm. Experts discuss the basic elements and economics of a predatory pricing theory and discuss a hypothetical case.

Module III-3: Exclusive Dealing

This module presents the competition enforcement topic of exclusive dealing by a dominant firm. Experts discuss the basic elements and economics of exclusive dealing.

Short-form presentations on dominant firm conduct:

This presentation addresses resale price maintenance, examining both the U.S. and European approaches to this issue.  This short-form presentation has not been formally reviewed by an ICN Working Group but was selected by the ICN Training on Demand as useful to ICN members.

This presentation provides justifications for and against treating territorial exclusivity as a violation of competition law.  This short-form presentation has not been formally reviewed by an ICN Working Group but was selected by the ICN Training on Demand as useful to ICN members.


Series IV Mergers

Module IV-1: Merger Investigations

This module addresses competition agency merger investigation, drawing upon concepts from the modules on market definition and market power in the merger context. The video uses a hypothetical merger to demonstrate the practical techniques agencies use to investigate a merger, including how to plan a merger investigation and how to obtain and evaluate relevant evidence.

Module IV-2: Merger Remedies

This module focuses on merger remedies. It explores the principles underlying the need for and identification of remedies appropriate to the anticompetitive concerns in a particular case and addresses more common practical considerations such as timing, elements of the remedy package, challenges in identifying effective buyers, international coordination, and ‘after the fact’ monitoring and compliance.

Short-form presentations on mergers:

This presentation discusses unilateral effects in horizontal merger analysis.  This short-form presentation has not been formally reviewed by an ICN Working Group but was selected by the ICN Training on Demand as useful to ICN members.


Series V State Impediments to Competition

Module V-1: Competition Advocacy

This module discusses the importance of competition advocacy as a tool for addressing anticompetitive regulations and policies proposed by other governmental actors.  It includes a hypothetical case study, together with suggestions for the design of an effective advocacy program by current and former enforcement officials.

Short-form presentations on competition advocacy:

This short-form presentation discusses the rationale for, techniques behind, and uses of market studies by competition agencies.

Module V-2: State Restraints on Competition

This module discusses the importance of competition advocacy as a tool for addressing anticompetitive regulations and policies proposed by other governmental actors.  It includes a hypothetical case study, together with suggestions for the design of an effective advocacy program by current and former enforcement officials.

Module V-3: Competition Assessment

A co-production of the AGCM and COFECE, this mini-series of short modules introduces the concept of competition assessment, describes existing recommended practices, and describes the practical application of competition assessments.


Series VI Investigative Techniques 

Module VI-1: Planning and Conducting Investigations

This module presents the fundamental steps of conducting an investigation of potential competition law violations.  The steps discussed include developing a theory of the case, identifying sources of information, interviewing witnesses, requesting documents and data, organizing and assessing evidence, and determining whether there is a violation.

Module VI-2: Interviewing Witnesses: Who, What, Where, When, Why & How

This module shares techniques for the effective interviewing of witnesses and parties in the course of a competition investigation.

Module VI-3: Practicalities in Planning a Dawn Raid

This module is designed for the education of case officers and their supervisors in competition authorities with little practical experience planning and conducting dawn raids such as those with new or previously unexercised dawn raid authority.  It uses short lectures, discussions and dramatized vignettes to convey content.

Module VI-4: Introduction to International Cooperation

This module addresses how to get competition enforcement cooperation started and the common features of such cooperation across merger, unilateral conduct and cartel investigations.

Module VI-5: Document Review

This module provides practical guidance to case teams on the key steps and techniques for effective and efficient document review in the context of competition investigations. The steps discussed include organising documents and data received from different sources; sifting for relevance and privilege; and keeping the case file to a manageable size. The techniques to be explored include use of electronic document review platforms; use of search terms and ‘tags’; deduplication; and use of new technology such as artificial intelligence/predictive coding.

Short-form presentations on investigative techniques:
  • Preservation of Confidential Information, prepared for the ICN by William E. Kovacic

This presentation explores considerations needed to preserve confidential information and thus contribute to the integrity of agency processes.  This short-form presentation has not been formally reviewed by an ICN Working Group but was selected by the ICN Training on Demand as useful to ICN members.


Series VII Agency Effectiveness 

Module VII-1: Project Selection

This module describes a process that an agency can use to choose projects that advance the agency’s priorities and maximizes the agency’s prospects for success.

Module VII-2: Advice for New and Young Competition Agencies

This presentation focuses on bolstering the capacity of new and young competition agencies, including the conduct of advocacy, staff training, and the use of guidelines.

Module VII-3: Introduction to International Organizations

This module gives a broad perspective on what international organizations such as the ICN, OECD, UNCTAD, World Bank, and others produce and how their products can be useful to a competition agency.

Module VII-4: Investigative Process

This module is focused on competition agency investigative practices: the tools, principles, rules, and policies used to guide investigations.

Module VII-5: Building Regional Relationships

This module introduces the experiences and challenges of building regional relationships between or among competition agencies, and provides advice to younger agencies on how to develop their international relationships.

Module VII-6: Public Interest

This module serves as an introduction to public interest provisions in competition laws with presentations on the operation of public interest factors in various jurisdictions and advice for firms.


Series VIII Competition Policy

Module VIII-1: Origins and Aims of Competition Policy

This module explores the development and content of competition policy systems. The presentation provides an overview of the history of competition law and describes the purposes, goals, and key elements of competition laws.

Module VIII-2: Major Characteristics of Competition Policy

This module covers the basic characteristics of competition policy systems, including the institutional features and choices that affect the enforcement of competition law. Presentations by agency experts highlight both the diversity and unifying elements of competition law systems around the world.

Module VIII-3: Competition Policy in Developing Countries

This module addresses problems specific to competition agencies in developing countries, such as lack of resources and inadequate support for competition policy elsewhere in government or in civil society.  It features two scenarios illustrating common problems and comments from past and present agency heads.


Contact information

Russell Damtoft, Office of International Affairs, US Federal Trade Commission