After this course:
the student has knowledge and understanding of the legal aspects of European competition law.
the student is capable of resolving complex cases in the field of European competition law.
the student is able to analyze the interaction between law and economics in the application of European competition law and to recognize the societal context in European competition law.
the student is able to critically review and apply concepts of European competition law.
the student is aware of the opportunities within the field of competition law and has experienced the application of the law in practice.
the student is able to present and discuss, concisely and precisely, points of view on a competition law case or question.
The course aims to provide in-depth knowledge of the main aspects of European Competition law. Students should be able to apply this knowledge to a given set of concrete facts by solving complex competition law cases which closely resemble actual cases in competition practice. In this course competition law is placed the context of the economics-based application of competition law. Attention is given to the wider debate on the role of competition and competition regulation in society. Principles relating to the concept of competition and the market principle are studied and discussed. The concepts that are central to competition law such as the concept of undertaking, the cartel prohibition, the prohibition on the abuse of a dominant position and merger control are examined and applied to concrete sets of facts. The case law of the relevant Courts is discussed and procedures, enforcement mechanisms and issues relating to proof in competition cases are presented. The course focuses primarily on European competition law, but the relationship between European competition law and national competition law is addressed.
In the lectures, the doctrine on the particular topic for that week is presented and discussed. These will provide the students with various viewpoints and opinions, also on the place of competition (law) in society. Students are invited to participate actively in the lectures through questions addressed to the audience. The aim of the lectures is to provide further clarification of the information provided in the course materials, so that students are well prepared for active participation in the case-solving seminars. During the extra lectures specific attention will be given to the practical application of competition law. Some of these extra lectures provide for a more specified aspect of a general theme, others provide an in depth discussion of recent or actual (non-decided) cases. For these extra lectures practitioners from leading law firms, members of the judiciary and/or economists working in the field of competition law will be invited and students are given the opportunity to engage in a discussion with these practitioners. These extra lectures will thus provide students with an opportunity to practice discussion- and networking skills and provide them with insight on what competition law means in practice. During the seminars in this course the students' case-solving capacities will be exercised, as a significant part of the competition law practice is aimed at complex case solving. Students will elaborate on specific case-questions, or will solve cases in small working groups in the classroom during the seminar. The cases relate to issues of European competition law such as horizontal and vertical agreements, the Merger Control Regulation, the relationship between Competition and the State, proof and procedures and abuse of dominance. Most case questions are (based on) real cases, and actual, non-decided cases, will be discussed during the course. Students from the same master will be grouped together for the seminars as much as possible, so that issues specific to these masters may be discussed or highlighted.
During both lectures, extra lectures and seminars attention will be given to current developments in competition law, possible criticism on the theoretical framework and application of competition law and the influence of economics on legal concepts of competition law. With that, the course takes a multi-dimensional approach to competition law. Open office hours of the lecturers involved will be announced. The course European competition law is relevant both for students who are interested in European law and for students who, after completing their studies, intend to work for companies or (large) law firms.
Place of the course within the curriculum:
- Compulsory course in the master Law and Economics
- Compulsary course in the specialisation 'International Business'
- Compulsory course in the specialisation 'European Law'
|Je moet voldoen aan de volgende eisen|
- Ingeschreven voor een opleiding van de faculteit Faculteit Recht, Economie, Bestuur en Organisatie
- Bachelor afgerond
Voorkennis kan worden opgedaan met
|Basic principles of European and national competition law and basic principles of internal market law.|
Bronnen van zelfstudie
|Sterk aangeraden: Economisch Publiekrecht|
|- Inleiding mededingingsrecht van Slot, Swaak en Mulder (laatste druk)(aanbevolen).|
- EU law Text, cases and materials van Craig en De Burca (latest edition)(recommended)
|Digitale readers op Blackboard|
|EU Competition Law Text, Cases, and Materials, Sixth Edition, Alison Jones and Brenda Sufrin, August 2016|Werkvormen
AlgemeenDuring the first lecture of each week the main topics of European Competition Law will be discussed and linked to current developments in European Competition Law.
Voorbereiding bijeenkomstenAttendance is expected to all lectures.
AlgemeenDuring the extra lectures (the second lecture of a week), usually a specific theme or a specific case, touched upon in the general lecture, will be discussed extensively. The goal of these lectures is to provide further insight into the practical application of European Competition Law and the skills required for such application. For these lectures practitioners from the field of European Competition Law will be invited. There will be five to seven extra lectures during the course.
Voorbereiding bijeenkomstenAttendance is expected at all sessions
AlgemeenDuring the small-group session mainly case questions, to be prepared and studied in advance by the students, will be analysed and discussed. Some seminars, however, will focus more on discussion of policy-options and theoretical foundations of competition law.
Voorbereiding bijeenkomstenAttendance, preparation, participation in the discussion during the meeting. A presentation on the relevance of a specific judgment of the ECJ maybe asked of students.
BeoordelingIn the paper the student provides a written analysis of a current issue of European competition law. The paper topics will mostly centre on societal impact and context of competition law. The interplay between law and economics can play a part in the essay as well.
BeoordelingExam, of which parts may be in the form of take-home assignments. Details of the take-home assignments and their weight will be announced at the beginning of the course.
Active participation is a requirement for reparation.