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Prospectus

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EU Internal Market and Competition Law

Course
2018-2019

Admission requirements

Admission to the Master (specialisation European law)

Description

This course will focus on the main body of rules governing the internal market. An area without internal frontiers within which the Member States must ensure the free movement of goods, persons, services and capital. The internal market comprises the backbone of the European integration project. In the first part of the course the four fundamental freedoms will be introduced. The “fifth freedom”, EU Citizenship, will additionally be studied as an example of how EU integration has moved beyond pure economic cooperation. In addition, this course offers a platform in which students reflect critically on the role of fundamental rights in EU internal market legislation as well as on the concepts of market access and discrimination in internal market legislation.

Whilst the internal market freedoms mainly address the behaviour of Member States, a fully developed internal market cannot function in the absence of additional rules ensuring free and fair competition between private actors on that market. The second part of the course therefore provides an overview of the EU competition rules. Those rules address anti-competitive practices by private actors, such as cartel agreements or abuses of a dominant economic position, but also the rules on state intervention in the market. In addition, this course will offer students a detailed overview on the role of the CJEU in each competition law branch and the roles of EU and national competition authorities; the role of economic and policy analysis in EU competition law as well as an overview on the different aims of competition policy. Students will also distinguish the particular position of Services of General Economic Interest within EU competition law.

Course objectives

Objectives of the course
The objective of this course is to introduce students to the EU free movement and competition law rules. Students will learn how to identify, apply and distinguish those rules at an academic and practical level.

Learning Outcomes
At the end of this course the student is able to:

  • Define in a comprehensive manner the content of rules in the area of EU internal market and competition law;

  • Identify restrictions to EU internal market and competition law rules;

  • Solve complex practical case studies in the area of the EU internal market and competition law;

  • Recognize trends in the case law of the Court of Justice of the EU on EU internal market and competition law;

  • Contrast the impact of different factors behind market integration and explain how they interrelate.

Achievement levels
The following achievement levels apply with regard to the course:

  • Carry out research in the areas of EU law covered

  • Solve practical cases in the areas of EU law covered

  • Reflect critically on the European integration process

Timetable

The timetable of this course can be found in uSis.

Mode of instruction

Lectures

  • Number of (2 hour) lectures: 10

  • Required preparation by students: Students are required to read the compulsory literature and case law.

Seminars

  • Number of (2 hour) seminars: 10

  • Names of instructors: to be confirmed

  • Required preparation by students: Students are required to read the compulsory literature and case law and prepare written answers to exercises

Assessment method

Examination form(s)

  • Compulsory written assignment (25%)

  • Written exam (75%)

  • The grade obtained in the written assignment will remain valid for the period of one academic year.
    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. In this case, students will be informed 10 days before the date scheduled for the oral exam. If a student has not passed the course by the end of the academic year, partial grades for written exam or written assignment are no longer valid.

Regulation retake passed exams
In this course it is possible to retake an exam that has been passed (cf. art. 4.1.8.1 and further of the Course and Examination Regulations), on the condition that this course is included in the compulsory components of the degree programme. Students who have passed the exam may retake the final written assessment (test) of the course. Please contact the Student Administration Office (OIC) for more information.

Submission procedures
The written assignment will have to be submitted both in hard copy and electronically through Blackboard.

Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) and case law for the course, as well as all subjects discussed during the lectures and tutorials.

Blackboard

More information on this course is offered on Blackboard.

Reading list

Obligatory course materials

Literature:

  • Students are free to use any textbook on EU internal market freedoms and EU competition law they wish.

  • We recommend:
    For EU internal market:
    P. Craig & G. De Búrca, EU Law, Text, Cases and Materials (Oxford University Press, 2015, 6th edition)
    Or
    D. Chalmers, G. Davies and G. Monti, European Union Law (Cambridge University Press, 2014, 3rd edition)
    Or
    C. Barnard, The Substantive law of the EU – The Four Freedoms (Oxford, Oxford University Press, 2016, 5th edition) Note: this book does not include EU competition law.
    For EU Competition Law:
    A. Jones and B. Sufrin, EU Competition Law. Text, Cases and Materials (2016, OUP, 6th edition)
    Or
    R. Wish and D. Bailey, Competition Law (Oxford, Oxford University Press, 2015, 8th edition) (Note: these books do not include the internal market freedoms)

Compulsory case law and reading materials will be made available on blackboard, as well as a list of recommended case law and reading materials.

Recommended course materials
Will be made available on Blackboard.

Registration

Registration is through uSis

Contact information

  • Co-ordinator: Dr. D. Piqani

  • Work address: Room B1.35 KOG

  • Contact information: via secretariat, see below

  • Telephone number: +31 (0)71 527 8503

  • Email: d.piqani@law.leidenuniv.nl

Institution/division

  • Institute: Public Law

  • Department: European law

  • Room number secretary: B.1.21

  • Opening hours: Mon-Fri 9-17h

  • Telephone number secretary: +31 (0)71 527 8905

  • Email: europeesrecht@law.leidenuniv.nl

Remarks

All relevant information with regard to this course will also be made available on Blackboard.