Competition Law
| Module title | Competition Law |
|---|---|
| Module code | LAWM087 |
| Academic year | 2019/0 |
| Credits | 30 |
| Module staff | Dr Matthew Cole (Lecturer) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 30 |
|---|
Module description
Competition law is a central area of EU law and policy and has long been seen as the ‘private’ counterpoint to the public field of EU free movement policy. Yet, more subtly, competition can address both private (cartels, dominant undertakings and merging firms) and public parties (Member States, public undertakings, State aid). This module gives you the opportunity to study the principles of competition law as they relate to these private and public parties and the fundamental economic principles and goals that underpin the law relating to competition. The module will allow you to focus on the activity of the EU legislature in designing the regulatory framework, the case law of the Court of Justice and General Court of the EU and the dynamics of EU policy responses. The module is open to all LLM students, but is best suited to those who have or are deepening interests in commercial law, the relationship between EU law and national law and the regulation of public and private economic activity.(No prior knowledge of economics is necessary, although an interest in economics would be useful).
Module aims - intentions of the module
This module aims at providing a critical understanding of the development of EU competition law and policy as a key area of EU in its private and public dimension. The contemporary challenges faced by the competition regime are accentuated with the rise of global corporations and the various aims within both individual and competing competition law jurisdictions. The module aims to enable you to understand, assess and critically address the legal issues at stake in this field of law.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate deep, systematic and critical understanding of the role, aims and underlying principles of competition law;
- 2. demonstrate detailed knowledge and understanding of the principal features of EU competition law;
- 3. identify, explain, assess and analyse issues arising in the areas of competition law considered in the module and identify and apply relevant legal rules and theories to those issues;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. demonstrate a high level of ability in selecting, integrating and presenting coherently and reflectively, relevant law and legal/theoretical arguments;
- 5. demonstrate a high level of ability in integrating and assessing information from a wide variety of primary and secondary legal sources, using this to produce reasoned arguments and analysis in relation to legal issues;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. demonstrate effective, confident and autonomous ability to manage relevant learning resources/ information/ learning strategies and to develop own reasoned arguments and opinions; and
- 7. communicate and engage in debate effectively and accurately, orally and in writing, in a manner appropriate to the discipline and context.
Syllabus plan
Whilst the module's precise content may vary, it is envisaged that the syllabus will include all/some of the following topics, which will be covered in this order.
Content, Context and Modernisation of Competition law; Article 101 TFEU: Defining Relevant Markets and the Undertaking, criteria of assessment.
Article 101 TFEU Analysis & Article 102 TFEU: The abuse of dominance.
European Merger Control Regulation 139/2004
Article 106 TFEU: States and Markets.
Articles 107-109 TFEU State Aids Policy
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 30 | 270 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled learning & teaching activities | 30 | 10 x 3 hour Lecturer-led seminars |
| Guided independent study | 150 | Preparation for seminars |
| Guided independent study | 120 | Preparation and writing of summative essay assessment |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay | 2000 words | 1-7 | Written/oral |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Coursework | 100 | 7500 words | 1-7 | Written/oral |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Coursework | As per original assessment | 1-7 | August/September reassessment period |
Indicative learning resources - Basic reading
R. Whish & D. Bailey, Competition law, (7th ed. OUP, 2012)
A. Jones & B. Sufrin, EU Competition law, (5th ed. OUP, 2014);
A. Ezrachi, EU Competition Law, An Analytical Guide to the Leading Cases (3rd ed, Hart 2012);
Indicative learning resources - Web based and electronic resources
See in particular the Web pages of the European Commission on:
http://ec.europa.eu/competition/index_en.html
Case law of the European Court of Justice available at: http://curia.eu
Indicative learning resources - Other resources
Westlaw, Lexis, EURLex
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 26/10/2013 |
| Last revision date | 15/09/2016 |