| CODE | ECL5041 | ||||||||||||
| TITLE | EU and Comparative Competition Law and Policy | ||||||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||||||
| MQF LEVEL | Not Applicable | ||||||||||||
| ECTS CREDITS | 12 | ||||||||||||
| DEPARTMENT | European and Comparative Law | ||||||||||||
| DESCRIPTION | The objective of the study-unit is to give an overview of the European Union’s main competition policy rules (namely Articles 101 and 102 TFEU) which regulate commercial practices in the private and public sectors, although the focus is primarily on the former. The main tenets of EU Competition law are identified mainly through a process of comparing and contrasting the EU model to the US counterpart and other pertinent European models operating at the national level. The main areas analysed are the application of Article 101 to different forms of vertical and horizontal collaboration and IP licensing agreements. 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 merger regulations to concentrations is analysed. Throughout the study-unit reference is made to the economic and legal issues underlying the EU Courts’ case law and the Commission’s decisional practice, which have a pivotal role in implementing and moulding the competition policy trends of the European Union. The study-unit also covers the EU enforcement procedures for the implementation of this policy. Learning Outcomes: The study-unit is designed to enable the student to acquire a deep understanding of the economic and legal principles underlying the European Union’s competition law and policy and to appreciate the complexity of the issues addressed by antitrust analysis. The EU’s decisional practice and case law is discussed in the light of academic critique and contrasting US antitrust policy and case law while the extent and adequacy of the Commission’s ongoing efforts at reforming the European Union’s competition policy and optimizing its enforcement are examined. This discussion provides the student with an insight as to (i) where the European Union’s competition law and policy is heading and (ii) how the application and enforcement of EU competition law may be improved to better attain its objectives. Reading Material: Main Textbooks 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 Materials 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 |
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| STUDY-UNIT TYPE | Lecture | ||||||||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
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 2025/6. It may be subject to change in subsequent years. |
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