Description
This modules examines the legal regulation of competition law in the UK and EU in a critical way.
Aims
The aim of this Module is to provide the student with the ability to critically analyse the nature, development and application of UK and EU Competition Law.
Learning Outcomes
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.
Indicative Content
1 Nature
Origin, historical development, rationale and competing perspectives of Competition Law. The importance of economic analysis and theory. Analysis of EU contexts and perspectives. Brexit, conversion of EU law into UK law, substantial extraterritorial effect of EU law, transnational competition law enforcement.
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. UK enforcement mechanisms. UK concurrent regulators. The Enforcement Regulations. 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.
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Teaching and Learning Work Loads
| Teaching and Learning Method | Hours |
| Lecture | 14 |
| Tutorial/Seminar | 17 |
| Practical Activity | 0 |
| Assessment | 40 |
| Independent | 129 |
| Total | 200 |
Guidance notes
SCQF Level - The Scottish Credit and Qualifications Framework provides an indication of the complexity of award qualifications and associated learning and operates on an ascending numeric scale from Levels 1-12 with SCQF Level 10 equating to a Scottish undergraduate Honours degree.
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.
Disclaimer
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 2021/22 , and may be subject to change for future years.
