LW702-7-AU-CO:
Competition Law
2023/24
Essex Law School
Colchester Campus
Autumn
Postgraduate: Level 7
Current
Thursday 05 October 2023
Friday 15 December 2023
15
19 October 2023
Requisites for this module
(none)
(none)
(none)
(none)
(none)
Competition law is a key part of the internal market legislation of the EU, and thus a key part of the EU law in practice. In turn, EU competition law and the developments that have taken place at the supranational level have shaped the competition laws and policies of the EU Member States, at the national level.
This module will focus on the regulation of competition in a twofold context: the supranational and the national. With regard to the supranational level, the module will examine the legal rules of EU competition law, taking into account the underlying economic principles and wider policy issues. It will look at the fundamental principles behind EU competition law, the substantive law on identifying anti-competitive practices, and the enforcement dimension of EU competition law. UK competition law has traditionally mirrored EU competition law.
As the UK has left the EU and as the negotiations for the future relationship between the UK and EU are still ongoing, references to the shape of UK competition law will be made when possible.
This module aims to:
1. Provide students with an insight into the EU and UK competition law regimes;
2. Enable students to understand the direct links between EU competition law and domestic law and enforcement in the context of UK law;
3. Develop students’ in-depth understanding of the general principles of EU competition law and its influence on national laws of Member States;
4. Cover the main substantive norms relating to competition law in the EU and the UK, including cartel prohibition, abuse of dominant position, merger control, anti-competitive practices, as well as the enforcement of competition law at the national and supranational level;
5. Equip students with an appreciation of the debates surrounding recent reforms and potential developments of competition law;
6. Enable students to identify and analyse relevant legal issues and resolve problem questions through the application of substantive competition law within a time constraint.
On successful completion of this module students will be able to:
1. Identify and critically analyse the sources of EU competition law;
2. Demonstrate a sound knowledge of the importance of substantive issues and legal concepts of EU and UK competition law in the regulation of a free market economy;
3. Appraise legal developments in the areas of EU and UK competition law (especially in the fields of anti-trust, abuse of dominant position, and mergers) and question the effects of these developments on private and public companies;
4. Apply the relevant principles and rules of competition law to scenarios taken from practice in order to deliver sound legal advice;
5. Critically evaluate the operation of EU and UK competition law in a commercial environment;
6. Engage in individual legal research in order to argue for or against a given proposition related to legal developments in the EU or UK competition law regimes.
Indicative Syllabus
Lecture 1: Introduction to Competition law and policy
Goals of competition law; connection between EU and domestic competition law; institutions involved in competition law and policy
Lecture 2: Essential Concepts and Structure of Article 101 TFEU
Introduction to concepts such as the nature of an undertaking, agreements, effect on trade, de minimis; distinction between restrictions ‘by object’ and restrictions ‘by effect’
Lecture 3: The relationship between Article 101(1) and Article 101(3) TFEU and Vertical Restraints
Article 101(1) and Article 101(3) TFEU and the concept of the rule of reason; introduction to anti-competitive vertical agreements
Lecture 4: Cartels and Public Enforcement
Cartels and Public Enforcement; Leniency and its effectiveness
Lecture 5: Article 102 TFEU: Introduction to abuse of dominant position
Introduction to Article 102 TFEU; general theory; market power; dominance
Lecture 6: Article 102 TFEU: Specific abuses of dominant position
Forms of abuse: Predatory Pricing, Exclusive agreements and Rebates, Refusal to supply
Lecture 7: Public enforcement – Institutional aspects of public enforcement (Regulation No 1/2003) – Investigatory powers and Commission’s commitment decisions
Lecture 8: Private Enforcement of EU competition law
Policy of private enforcement, relationship with public enforcement, and Directive 2014/104/EU
Lecture 9: EU Mergers
EU Merger Regulation; Procedural stage and substantive stage; Examining recent problematic mergers
Lecture 10: Revision
This module will be taught via weekly 2-hour seminars and weekly 1-hour tutorials.
The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.
The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's
reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Essay (LW702 Competition Law) |
|
100% |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Carlo Petrucci, email: c.petrucci@essex.ac.uk.
Law Education Office, pgtlawqueries@essex.ac.uk
No
No
No
Prof Duncan Sheehan
University of Leeds
Professor
Available via Moodle
Of 24 hours, 18 (75%) hours available to students:
2 hours not recorded due to service coverage or fault;
4 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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