Over the past 50 years, EU competition law has developed into a substantial body of law. It constitutes directly applicable rules for companies, and as such they are of immediate concern to business lawyers and management. Similar rules apply in most countries in the world. Compliance has become extremely important in view of the huge fines that are imposed by the Competition Authorities, damage claims by customers or other third parties (“private enforcement”), prison sentences and fines for managers and other important consequences such as reputational damage. Moreover, Merger Control in multiple jurisdictions has become for companies to determine their growth strategy and M&A and joint venture policy. Companies that have a dominant market position are subject to special rules that may determine their market behaviour. Finally, EU State Aid law dealing with all forms of government aid (from subsidies to guarantees and infrastructure prices) has developed into an important area of law for governments and companies alike. Reflecting the importance of competition policy, this course is devoted to the study of it and will provide the participants with a solid understanding of the main principles of all the relevant areas, including the liberalization of regulated sectors.
It can hardly be denied that competition law has become one of the most exciting and dynamic sub-fields of international business law. Competition law governs all market operators and structures their behaviour accordingly. Technology giants such as Apple, Samsung or Microsoft, large pharmaceutical or chemicals companies such as Akzo Nobel or BASF, telecommunications operators such as KPN, services providers (e.g. American Airlines and Ryanair or Otis, Schindler and Kone in elevator maintenance), breweries such as ABInbev, former state-owned companies such as Lufthansa, Deutsche Bahn and NS and Member States such as France aiming to support the upgrading of its football stadiums in preparation for UEFA matches… All those very different private and public businesses have more or less recently been subject to EU competition law scrutiny. As such, EU competition law basically regulates the global conduct of businesses across all different sectors alike.
This course outlines the different techniques EU competition law relies upon to structure businesses’ market behaviour. To that extent, it first outlines the goals of competition law and the legal concepts relied upon to attain those goals. By emphasizing the need for ‘workable competition’ within the ‘internal market’, EU competition law establishes a level playing field within which businesses and Member States can remain active in the marketplace. In doing so, competition law makes a distinction between techniques directly addressing private market operators and techniques structuring state intervention in the marketplace. In both instances, EU bodies have been endowed with significant enforcement and sanctioning powers (lecture 1).
The course subsequently addresses those different techniques in more detail. It distinguishes between the prohibition and regulation of restrictive practices (lecture 2), the prohibition and regulation of abuse of a dominant economic position (lecture 3), the ex ante regulation of envisaged mergers and acquisitions (lecture 4) and the regulation of state interventions in the marketplace (lecture 5). The seminars following upon each lecture are meant for you to practice those techniques in (semi-)real life business settings. To that extent, we will discuss hypothetical and real life case situations that will invite you to think like a competition lawyer.
At the end of this course, you will be able to evaluate to what extent particular market behaviour can be potentially captured by the rules and principles of EU competition law. At the same time, you will have gained insight into the particular legal assessments required in competition law, as compared to other fields of EU law. The interplay between law, economics and policy and the role of lawyers in that regard will especially have become clear.
At the end of the course you are able to:
identify, distinguish and apply the six key concepts relied upon in EU competition law (undertaking, competition, interstate trade, market, restriction and abuse). (Seminar case assignments and case note)
choose among one or more of the five techniques EU competition law relies upon in a particular case situation (restrictive practices, abuse of dominant position, merger control or state intervention through aid or state-owned businesses) and to argue in favour of a case solution accordingly. (Seminar case assignments)
summarise the different formats of EU and national law interactions throughout the different competition law branches. (Essay question exam)
independently find the most relevant Commission decisions and cases that help you develop a well-structured competition law analysis of a given problem. (Seminar case assignments)
assess critically the role of law and its limits versus economics and policy analysis across the different techniques of EU competition law (Exam essay question)
The timetable of this course can be found in uSis.
Mode of instruction
Number of (2 hour) lectures: 5
Names of lecturers: to be announced
Required preparation by students: preparation of prescribed literature
Number of (2 hour) seminars: 5
Names of instructors: to be announced
Required preparation by students: preparation of prescribed literature, case studies and any other assignments.
The assessment of this course is based on three elements:
1. Seminar attendance is compulsory, students may miss up to one class. Students can only attend the seminar if they submit in advance their written answers to the exercises through blackboard.
2. As part of the final examination students are required to submit a case note. The grade for this case note will count for 20% towards the final grade.
3. A written exam will be held at the end of this course. The exam comprises three major questions, each consisting in a significant amount of sub-questions. Two questions will be presented as a hypothetical case study and one will be a more theoretical essay question on a topic discussed during the lectures and seminars. Your exam grade will count towards 80% of your overall mark in this course.
Students who fail the exam are entitled to sit a re-examination. Depending on the number of students failing the exam, the re-sit may take the form of an oral exam.
The 20% case note grade will remain valid for the re-sit. The case note itself can not be retaken.
If a student has not passed the course by the end of the academic year, partial grades for written exam or paper are no longer valid.
More information on this course is offered in Blackboard.
Obligatory course materials
Literature: to be announced on Blackboard
Course information guide: to be announced on Blackboard
Reader: to be announced on Blackboard
Recommended course materials
To be announced on blackboard
Students have to register for courses and exams through uSis.
Co-ordinator: Dr. Pieter Van Cleynenbreugel
Work address: KOG B.135
Telephone number: 1369
Institute: Public Law
Department: European Law
Room number secretary: KOG, room B1.21
Opening hours: Monday to Friday, 9.00 – 17.00
Telephone number secretary: +31 (0)71 527 8837
Belangstellenden die deze cursus in het kader van contractonderwijs willen volgen (met tentamen), kunnen meer informatie vinden over kosten, inschrijving, voorwaarden, etc. op de website van Juridisch PAO.