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Présentation
Basic knowledge of EU competition law (e.g. based on a general introductory course) is a prerequisite.
At the end of this course, the student should be able to apply its theoretical knowledge in the field of European competition law, especially as regards the European supervision of cartels and abuse of dominance.
At the end of the course, the student should be able to:
- identify the main legal issues related to the intersection of competition law and regulation;
- analyse the advantages and disadvantages of various EU law disciplines, and the requirements of Arts 101 and 102 TFEU;
- successfully present a case based on EU competition law from the perspective of a party in the proceedings;
- identify and critically assess the limits of EU competition law as applied to regulatory conduct;
- develop strategies of legally challenging and/or defending regulatory measures under Art 101 or 102 TFEU.
Conceived in a very practical way, the seminar offer a comprehensive and complex analysis of relevant case law in the field as regards main violations by enterprises of articles 101 and 102 TFUE (decisions of the European Commission, Tribunal, Court of Justice) as well as a presentation of the links between European and national competition authorities and between European and national competition law within the EU.
This is an advanced course on EU competition law that deals both with agreements and unilateral abuses. It will focus on the relationship of competition and regulation, i.e. on the application of competition law disciplines on public or private regulatory measures. It will be practically oriented in the sense that it will focus on case law and Commission decisions, and require students to work on and make presentations in hypothetical cases.
Modalités
This is a practically oriented course and it depends on constant student participation. Participation in the class discussions will count for 25% of the grade. This requires students to not only be active in the classroom, but also to read all assigned materials in advance and be prepared to discuss them. I will actively seek students’ participation and call on them if necessary.
The remainder of the grade is split between the oral presentation (25%) and written assignment (50%). These will concern a hypothetical case related to the topic of the course that will be presented in broad terms in the very beginning. The objective will be to use the class discussions and readings in order to prepare arguments to be used in the oral presentation and written assignments. The presentation will be narrower in scope – each student will perhaps deal with a single legal issue from the point of view of one party. The written assignment (to be completed independently after the course is complete) will be a fully-fledged submission of legal arguments by one party to the proceedings.
Personal work:Some of this might involve research or reading books, but always within the context of preparing for classes or for the final assignment.
Normally, I would expect a student to spend one hour preparing, one hour revising or working on presentations during the course, and one hour working on the final assignment, per each hour in the classroom (3x16=48).
Continuous assessment :25%
Every student will be required to give a short structured presentation of a legal argument on one specific legal issue in a hypothetical (or real) competition law case.
Participation:25%
This concerns overall class participation, i.e. active engagement in discussions.
Written assignment: 50%
The final assignment will consist of a detailed written statement of arguments for a party in a hypothetical (or real) competition law case.
Ressources
There is no textbook. The readings will consist of case law and papers/book chapters that will be assigned.||