Présentation
The student must remember what they learnt about the functioning of the EU, especially concerning the internal market
Dealing with a specific European Law, discovering how the businesses are limited by the EU laws, studying one of the main objectives set by the EU since the very beginning of its construction: harmonizing the competition law at the EU level
At the end of the course, the student should be able to understand EU Competition Law and solve cases
o Introduction
What is Competition Law?
Objectives of Competition Law
Basic concepts and economics of competition
Sources of EU Competition Law
o Agreements between Undertakings
Elements of Art 101 TFEU
Horizontal agreements – cartels
Horizontal agreements other than cartels
Vertical agreements – Resale price maintenance, non-price restraints
Finding an agreement or concerted practice
o Abuse of Dominant Position on the Market (Monopolies)
Fundamental concepts
Defining market power, concept of dominance
Market definition
Conduct constituting abuse
o Mergers
Assessment of mergers under competition law
Legal framework
Substantive assessment of mergers
Jurisdictional thresholds and procedure
o Application of competition law to States and States owned enterprises
Articles 106 and 107 TFEU
State owned enterprises
State aid
o Enforcement of EU Competition Law
Enforcement framework
Modalités
The format of the class is oriented at discussion and interaction. Students are called on at random to answer questions and discuss issues raised in the relevant readings they have been given before the class.
Indeed, before each session, students are given readings they have to prepare before going to class in order to be able to discuss them.
One course is done in the DG Comp of the European Commission in Brussel
Oral presentation: if the student chooses to do one. 30%
Participation: 20%
Written final exam: 50%
Written assignment: 1 if the student chooses to make one.
Ressources
<b>Class books: </b>Readings are given to the students before each session.|| <b>Advised books: </b>Alison Jones & Brenda Sufrin, EC Competition Law, 4th edition, OUP 2010; Richard Wish, Competition Law, OUP 2012