UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


EU COMPETITION LAW (LAWSG015)
Credit value: 30 credits (12 ECTS)
Module Convenor:
Dr Antonio Bavasso
Dr Ioannis Lianos

Other Teachers:
Professor Valentine Korah
Intercollegiate teaching: No
Teaching Method: 20 x two-hour seminars, plus tutorials
Who may enrol: LLM students, Other UCL Masters students
Prerequisites: None
Barred module combinations: None
Core module for specialism: Competition Law, European Union Law, Law and Economics
Assessment
Practice Assessment: to be confirmed
Assessment method for Masters students: 3-hour unseen written examination
Module Overview

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. 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

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
  • Competition law and public policy
  • 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


Recommended materials

Lianos & Geradin, Handbook in EU Competition Law (Edward Elgar, 2013), 2 volumes (volume 1 will be particularly helpful for this course)
Whish & Bailey, Competition Law (7h edition, Oxford University Press, 2012)
Monti, EC Competition Law (Cambridge University Press, 2007)
Gunnar Niels, Helen Jenkins, James Kavanagh, Economics for Competition Lawyers (OUP, 2011)

Suggested Cases and Material

Korah & Lianos, Cases and Materials on Competition Law (5th edition, Hart, forth. 2014) - parts of the casebook will be distributed in class for some of our seminars
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 (3d ed., Hart Publishing, 2013)

Preliminary reading

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



APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now open.

Please refer to the How to apply section for information on the application process.