EU Competition Law
Anti-competitive commercial practice is prohibited by European Community law and the objective of this module is to examine and critically analyse the general principles of law which seek to realise this ambition of the Community as an economic institution.
In order to approach the subject in this manner, the module begins with an appreciation of basic economic theory and the function and role of Community institutions. The course proceeds to examine the substantive competition law of the Community, by studying the application of, and practice relating to, Article 81(1) (which prohibits cartels) and Article 82 (which outlaws the abuse of the dominant position in the market-place). This will be done by reading the case law of the European Court of Justice and the opinions of scholars.
Furthermore a particular focus will be given to the interplay between competition law and intellectual property. In our understanding of the law, the territorial scope of its application will also come under scrutiny. This will necessitate a study of general principles of international law and a comparative analysis of the practice of other ‘economic sovereigns’ where they seek to give their laws ‘extra-territorial effect’ in order that it may assure a general environment of competitiveness within its sovereign borders. In the penultimate section of the module, we shall look at the procedural side of competition law:
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What powers are given to the Commission in the enforcement of the law?
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What role do national courts play? What rights, if any, do commercial actors have?
The module will also deal with an area of increasing use and significance namely the criminalisation of cartel behaviour in certain jurisdictions as a means for enhancing the enforcement of competition law.
Finally, we will focus on specific issues and problems relating to anti-competition practices in the market place. Mergers and joint ventures will be examined in the second semester. The module will then deal with state monopolies, and state aids to industry, and will conclude with an examination of the contribution of the EC to the globalisation of competition.