Jevons Institution for Competition Law and Economics

Module summary

The aim of the module is to study EU competition rules and practice in an economic context. The module will analyse the fundamental provisions of EU competition law in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) and the EC Merger Regulation and will be case-law focused.

The module will cover vertical and horizontal agreements, abuses of market power, merger control policy and practice.

Having successfully completed the module, students will be able to demonstrate a critical knowledge of substantive issues in EU competition law with particular focus on:

• vertical and horizontal agreements
• abuse of dominant position
• merger control law and policy

Module syllabus

Topics examined. Some topics will be examined in the same seminar or in different seminars

Introduction to Competition law and policy:

• Origin of EU competition law
• Aims and key concepts
• Consumer Welfare vs Total Welfare Efficiencies

How do economic concepts fit in legal system? (I)
Distinction Article 101 and Article 102

• What is a concerted practice
• Can a dominant position be held or abused "collectively"
• Exploitation vs foreclosure

The two tier approach in Treaty provisions
Restriction 101(1) and efficiency 101(3)
Dominance and abuse

Market definition and Market Power

How do economic concepts fit in legal system? (II)

• De minimis rule and hard core restrictions
• The use of "rule of reason" and block exemption safe harbours
• Effect on trade concept

How is EU Competition Law enforced under Regulation 1/2003

Cartels
What is naked cartel? (use of lysine tape)
Enforcement powers
Fines
Leniency programmes

Oligopoly under EU Competition Law

Concerted practices under Article 101
Exclusionary practices by oligopolists under Article 102
Information Exchanges

Horizontal agreements; and Article 101(3) justifications

EU Merger Regulation

• Framework
• Test
• Full function JVs
• Counterfactual

Standard and Burden of Proof

Horizontal Mergers (I)
Unilateral effects

Horizontal Mergers (II)

• Coordinated effects
• Efficiencies
• Remedies

Introduction to abuse of dominance

• Market definition as tool
• Dominance as a filter
• Unilateral foreclosure vs Exploitation
• Proof of foreclosure and defences

Unilateral practices: predatory and selective pricing

Unilateral practices: single branding, rebates

Unilateral practices: refusal to supply, refusal to license and margin squeeze

Unilateral practices: tying and bundling

Non-Horizontal mergers

Vertical agreements, distribution practices and EU competition law

IP, Innovation and licensing

IP in vertical agreements

The Technology Transfer Regulation

Recommended materials

Korah, EC Competition Law and Practice, (9th edition, Hart Publishing, 2007)
Whish & Bailey, Competition Law (7h edition, Oxford University Press, 2012)
Monti, EC Competition Law (Cambridge University Press, 2007)

Lianos & Geradin, EU Competition Law Handbook (Edward Elgar, forth. 2012)

Suggested Cases and Material

Korah &Lianos, Cases and Materials on Competition Law (5th edition, Hart, forth. 2012)
Jones and Sufrin, EU Competition Law: Text, Cases and Materials (Oxford University
Press, 2010)
Ezrachi, EU Competition Law an analytical Guide to the Leading Cases(2nd ed., Hart
Publishing, 2010)

Preliminary reading

Whish, Competition Law (6th edition, Oxford University Press, 2008)
Monti, EC Competition Law (Cambridge University Press, 2007)

Other information:

Teachers of this module expect a high degree of participation by all students. Seminar discussion will be encouraged. Students will be required to prepare written assignments and case studies. It is essential that students prepare cases in advance of seminars.

Prizes for this module:

Valentine Korah prize
Jevons Institute prize