This modules examines the legal regulation of competition law in the UK and EU in a critical way.
The aim of this Module is to provide the student with the ability to critically analyse the nature, development and application of EU Competition Law.
By the end of this module the student should be able to:
1. evaluate and critically analyse the origin, rationale and substantive content of UK and EU Competition Law.
2. apply UK and EU Competition Law to particular contexts.
3. critically analyse the application, interpretation, enforcement and evolution of UK and EU Competition Law in an International context.
4. demonstrate enhanced skills of written analysis and communication in constrained circumstances.
Origin, historical development, rationale and competing perspectives of Competition Law. The importance of economic analysis and theory. Analysis of EU contexts and perspectives.
2 Chapter I prohibitions and Article 101
The conditions for application of Chapter I prohibitions and Article 101(1). Restrictive practices, prohibited conduct, agreements, decisions, concerted practices, horizontal and vertical restraints, effects on trade between member states. Exemptions, notices, permissible co- operation, block exemptions, enforcement.
3 Chapter II prohibitions and Article 102
Abuse of a dominant position, the concept and existence of a dominant position, the relevant product and geographical market, a dominant position, abuse, types of abuse, discriminatory, unfair and predatory pricing, unfair trading conditions, exclusive rights, refusals to deal.
4 UK and EU Enforcement
The role of the EU Commission and Courts. The Enforcement Regulations. Procedure before the Commission. Protection of the undertaking. Remedies. Reviewability. Economic analyses and policy considerations. Modernisation and reform.
5 UK and EU provisions on Mergers
The Merger Regulation. Origin, role, application, cases, interpretation, consequences.
6 Member States and EU Competition Law
Application of Competition Law within the Member States. Relationship with national law. Significance of the UK Enterprise and Regulatory Reform Act 2013. Competition Act 1998. Enterprise Act 2002. The impact of Brexit.
7 The US and International Experience
Contours of US experience. Relationship with EU Competition Law. The calls for a global competition authority.
Compliance schemes for undertakings to ensure adherence to EU Competition Law.
Statement on Teaching, Learning and Assessment
Students engage in a seminar format, requiring the preparation of material from a leading list supplied by the tutor to be discussed and critiqued during class contact time. This is student led with the tutor offering support and focussing direction. High level critical analysis and synthesis of ideas from disparate areas, is required building on up to date legal academic commentary and case law, which the students have to research, acknowledging multiple perspectives, and engaging with contested knowledge. The module is assessed by coursework and a terminal examination. Students will be provided with feedback on an essay plan previously submitted during structured feedback week.
Teaching and Learning Work Loads
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Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.
We make every effort to ensure that the information on our website is accurate but it is possible that some changes may occur prior to the academic year of entry. The modules listed in this catalogue are offered subject to availability during academic year 2019/10 , and may be subject to change for future years.