European competition law

Code Cours
1920-FDL-LAW-EN-3002
Langue d'enseignement
Français, Anglais
Ce cours apparaît dans les formation(s) suivante(s)
Responsable(s)
Jindrich Kloub, Eloise Gras, Marie Leclou
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

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

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