European competition law - S6

Code Cours
2324-FDL-LAW-FR-3058
Langue d'enseignement
FR, EN
Ce cours apparaît dans les formation(s) suivante(s)
Période

Présentation

Prérequis

The student must remember what they learnt about the functioning of the EU, especially concerning the internal market.

Objectifs

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.

Présentation

Introduction



  • What is Competition Law?

  • Objectives of Competition Law

  • Basic concepts and economics of competition

  • Sources of EU Competition Law


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


Abuse of Dominant Position on the Market (Monopolies)



  • Fundamental concepts

  • Defining market power, concept of dominance

  • Market definition

  • Conduct constituting abuse


Mergers



  • Assessment of mergers under competition law

  • Legal framework

  • Substantive assessment of mergers

  • Jurisdictional thresholds and procedure


Application of competition law to States and States owned enterprises



  • Articles 106 and 107 TFEU

  • State owned enterprises

  • State aid


Enforcement of EU Competition Law



  • Enforcement framework

Modalités

Modalités d'enseignement

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.

Évaluation

Ressources

Bibliographie

<b>Class books: </b>Readings are given to the students before each session.|| <b>Advised books: </b>Alison Jones &amp; Brenda Sufrin, EC Competition Law, 4th edition, OUP 2010; Richard Wish, Competition Law, OUP 2012.