UCL FACULTY OF LAWS
Jevons Institute for Competition Law and Economics

Jevons Institution for Competition Law and Economics

EU COMPETITION LAW (LAWSG015)
Credit value: 30 credits (12 ECTS)
Module Convenor:
Dr Antonio Bavasso
Dr Ioannis Lianos
Other Teachers:
Professor Valentine Korah
Professor Damien Geradin (Covington & Burling)
Content

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. We will also take a comparative law perspective and we will provide examples from cases in other major non-EU jurisdictions (such as the United States, China, Japan) as well as some EU Member States' jurisdictions (e.g. the UK, Germany, France) that highlight the specificity of the European approach in competition law. This is particularly important as EU competition law has served as the main model for many other competition law regimes in the world. A thorough understanding of all areas of EU competition law will provide students from other jurisdictions a valuable perspective on their own competition law regimes.

The course is taught by a leading academic and a leading practitioner with a significant experience in the public and private enforcement of competition law. Guest lecturers from policy and practice will also provide an interesting practice-oriented perspective.

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

Syllabus:

1. Introduction to Competition law and policy:

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

2. 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

3. Market definition and Market Power

4. 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

5. How is EU Competition Law enforced under Regulation 1/2003

6. Cartels

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

7. Oligopoly under EU Competition Law

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

8. Horizontal agreements; and Article 101(3) justifications

9. EU Merger Regulation

  • Framework
  • Test
  • Full function JVs
  • Counterfactual
  • Standard and Burden of Proof

10. Horizontal Mergers (I)

  • Unilateral effects

11. Horizontal Mergers (II)

  • Coordinated effects
  • Efficiencies
  • Remedies

12. Introduction to abuse of dominance

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

13. Unilateral practices: predatory and selective pricing

14. Unilateral practices: single branding, rebates

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

16. Unilateral practices: tying and bundling

17. Non-Horizontal mergers

18. Vertical agreements, distribution practices and EU competition law

19. IP, Innovation and licensing

Background Reading (optional):

  • Whish & Bailey, Competition Law (7th edition, Oxford University Press, 2012)
  • Lianos & Geradin (eds.), Handbook in European Competition law: Substantive Issues (Edward Elgar, 2013)

And as an economic supplement:

  • Niels, Jenkins and Kavanagh, Economics for Competition Lawyers (OUP, 2011)

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment in September.

Delivery and enrolment
Lectures/Seminars: 20 x 2-hour seminars
Tutorials: Yes (5)
Previous module enrolments: Medium – 16-50 students
Who may enrol: LLM students, Other UCL Masters students
Prerequisities: None
Barred module combinations: LAWSG098 US Antitrust Law and EU Competition Law: A Comparative Perspective
Core Module for LLM specialism: Competition Law, European Union Law, Law and Economics
Assessment
Final Assessment: 3-hour unseen written examination
Practice Assessment: 1500 word practice essay
Other Information
Prizes: Valentine Korah Prize for Excellence in Competition Law - Awarded to the best candidate specialising in competition law and chosen by the Valentine Korah prize committee.

This page was last updated on 28 July, 2014