Study-Unit Description

Study-Unit Description


CODE ECL5119

 
TITLE EU and Comparative Competition Law and Policy

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 10

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION This study-unit examines the economic and legal principles which underpin EU Competition Law and the enforcement of the competition rules. The main areas analysed are the application of Article 101 to different forms of vertical and horizontal collaboration with particular reference to digital markets. Under Article 102, the meaning of dominance is examined and various forms of abusive conduct are discussed in the light of the relevant case law while the application of the general principles and substantive analysis of concentrations under the EU Merger Regulation 139/2004 are analysed. The study-unit also covers the EU enforcement of Articles 101 and 102 in terms of Regulation 1/2003. Additionally, the unit will also cover State measures and public bodies under Article 106 TFEU.

Study-Unit Aims:

This study-unit aims to provide a comprehensive study of the basic provisions of EU Competition Law specifically Articles 101 and 102 of the Treaty on the Functioning of the European Union and to analyse case law interpreting and applying these Treaty articles. It is also intended to examine the role of the European Commission in the public enforcement of competition law and in regulating the conduct of competition law ensuring the rights and responsibilities of business and individuals.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

• Exposed to the functions and objectives of competition policy, with some awareness of the economic principles underlying it;
• Able to identify the different types of firm behaviour and transactions which engage the competition rules, and apply EU competition law governing this behaviour; and
• Understand how the EU competition law enforcement regime functions.

2. Skills:
By the end of the study-unit the student will be able to:

• Identify up-to-date legal information, using electronic sources and primary and secondary legal sources relevant to the Treaty Articles and the Merger Regulation;
• Analyse a given set of facts on the basis of hypothetical case studies so as to identify the relevant competition issues arising therefrom; evaluate the relevance of particular factual information, apply the relevant case law to reinforce legal argument in arriving at a reasoned conclusion.

Main Text/s and any supplementary readings:

Main Texts:

- Jones & Sufrin EC Competition Law: Text, Cases and Materials, 3rd edn. Oxford University Press.
- R Whish Competition Law, 6th edn., Oxford University Press.
- V. Korah An Introductory Guide to EC Competition Law and Practice, 9th edn., Hart Publishing.
- G. Monti EC Competition Law, Cambridge University Press.
- E. Elhauge & D. Geradin Global Competition Law and Economics, Hart Publishing.

Reference Books

- R. O’Donoghue & The Law and Economics of Article 82 EC, Hart Publishing.
- A. Jorge Padilla, Amato & Ehlermann (eds) EC Competition Law: A Critical Assessment, Hart Publishing.
- E. Szyszczak The Regulation of the State in Competitive Markets in the EU, Hart Publishing.
- C. Harding & J. Joshua Regulating Cartels in Europe: A Study of Legal Control of Corporate Delinquency, - Oxford University Press.
- Ilzkovitz & Meiklejohn (eds) European Merger Control: Do we need an Efficiency Defence? Edward Elgar.
- R. Nazzini Concurrent Proceedings in Competition Law: Procedure, Evidence and Remedies, Oxford University Press.
- Faull & Nikpay (eds) The EC Law of Competition, 2nd edn., Oxford University Press.
-Roth & Rose (eds) Bellamy and Child: European Community Law of Competition, 6th edn., Oxford University Press.
- Bishop & Walker The Economics of EC Competition Law, 2nd edn., Sweet & Maxwell.
- D. Hildebrand The Role of Economic Analysis in the EC Competition Rules, 2nd edn., Kluwer.
- J. Basedow (ed) Private Enforcement of EC Competition Law, Kluwer.
- J. Langer Tying and Bundling as a Leveraging Concern under EC Competition Law, Kluwer.
- L. Ortiz Blanco EC Competition Procedure, 2nd edn., Oxford University Press.
- G. Ghidini Intellectual Property and Competition Law: The Innovation Nexus, Edward Elgar.
- S. Stroux US and EC Oligopoly Control, Kluwer.
- Kerse and Khan EC Antitrust Procedure, 5th edn., Sweet and Maxwell.
- Korah & O’Sullivan Distribution Agreements under the EC Competition Rules, Hart Publishing.
- F. Wijckmans, Vertical Agreements in EC Competition Law, Oxford.
- F. Tuytschaever & A. University Press Vanderelst.
- D. Hildebrand Economic Analyses of Vertical Agreements, Kluwer.
- Utton Market Dominance and Antitrust Policy, 2nd edn., Edward Elgar Publishing.
- Van den Bergh & Camesasca European Competition Law and Economics: A Comparative Perspective, 2nd edn., Sweet & Maxwell.
- V. Korah Intellectual Property Rights and the EC Competition Rules, Hart Publishing.
- A. Lindsay The EC Merger Regulation: Substantive Issues, 2nd edn., Sweet & Maxwell.
- Cook and Kerse EC Merger Control, 4th edn., Sweet & Maxwell.
- Navarro, Font, Folguera Merger Control in the EU 2nd edn, Oxford University Press & Briones.
- S.D. Anderman EC Competition Law and Intellectual Property Rights, Oxford University Press.
- C. Stothers Parallel Trade in Europe, Hart Publishing.
- M.P. Broberg The European Commission’s Jurisdiction to Scrutinise Mergers, 3rd edn., Kluwer.
- J.L. Buendia Sierra Exclusive Rights and State Monopolies under EC Law, Oxford University Press.
- P.D. Camesasca European Merger Control: Getting the Efficiencies Right, Hart Publishing.
- W.P.J. Wils The Optimal Enforcement of EC Antitrust Law, Kluwer.
- M. Jephcott Horizontal Agreements and EU Competition Law, Richmond.
- Ehlermann & Atanasiu (eds) European Competition Law Annuals, Hart Publishing.
- B. Hawk (ed) Annual Fordham Corporate Law Institute Proceedings, Juris Publishing.

Source Material

- N. Foster Blackstone's EU Treaties & Legislation 2008-2009, 19th edn., Oxford University Press.
- K. Middleton Blackstone’s UK & EC Competition Documents 5th edn., Oxford University Press.

Journals

- European Competition Law Review (ECLR).
- World Competition.
- Journal of Competition Law and Economics (JCLE).
- European Competition Journal (ECJ).
- European Business Law Review (EBLR).
- Antitrust Law Journal (ALJ).
- Antitrust Bulletin.
- Competition Policy International.
- EC Competition Policy Newsletter.

Please Note: Reading-lists or academic articles will be given out and indicated for each seminar.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (3 Hours) SEM2 Yes 100%

 
LECTURER/S Maria Louisa Abela

 

 
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The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years.

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