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Module 1. An Introduction to the Competition Law

KYIV NATIONAL TARAS SHEVCHENKO UNIVERSITY

INSTITUTE OF INTERNATIONAL RELATIONS

 

 

LLM program

«International Litigation»

EU Competition Law

 

SYLLABUS

©PhD, Smyrnova Kseniya, 2014


 

CURRICULA

(18 h. - lectures, 16 h. - seminars, 38 h. – independent work of students)

No Topics Lectures Seminars Independent work
Module 1. An Introduction to the Competition Law
1. Unfair competition as a core element of globalized economy & trade  
2. Main pillars of the EU Competition Law (principles, legal basis & procedures)  
3. Main doctrines of the EU Competition Law
Module 2. Substantial Norms of EU Competition Law
4. Procedures of Competition Law Enforcement
5. Rules on competition applying to undertakings
6. Anticompetitive practice: regimes & exemptions  
7. Cartel practice
8. Abuse of Dominant Position: practices & cases
9. Mergers & Acquisitions
10. State aid as an instrument of prevention, restriction or distorting of competition
  Credit control      
   

 

Lectures structure

 

Module 1. An Introduction to the Competition Law

 

Lecture 1. Unfair competition as a core element of globalized economy & trade

1. The notion of globalized economy (facts, figures & trends)

2. The notion of competition (economic & legal). Different aim of competition law in national legislations (social welfare in Europe & state security in the USA)

3. The necessity of international legal regulation of competition: pro & contra

4. International organizations: UNCTAD, WTO, OECD, UNCITRAL, CIS,

5. Soft law as way of solving International Competition Law. The Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) is an example of regional soft harmonization.

6. Obligatory to enact a competition law: South African Development Community (SADC), West African Economic and Monetary Union (UEMOA), North American Free Trade Agreement (NAFTA), Free Trade Agreement between the Governments of Central America and the Government of Chile and Free Trade Agreement between the Governments of Central America and the Government of the Dominican Republic, Various agreements concluded by the European Union (or its legal predecessors) with associated countries, Balkan countries and Mediterranean countries

7. The platforms of international cooperation in the sphere of competition: the International Competition Network (ICN), European Competition Network (ECN), Intergovernmental Group of Experts (IGE)on Competition Law and Policy (UNCTAD)

 

Lecture 2. Main pillars of the EU Competition Law (principles, legal basis & procedures)



1. Main principles of EU Competition Law:

- Prohibition of anti-competitive behavior by both private and public enterprises

- Prohibition of abuse of a dominant position within the internal market

- Control of the aid provided by Member States or through State resources

- Preventive control of mergers

- he principle of extraterritorial application of EU competition rules

2. Legal basis of EU Competition Law

- Articles of TFEU (101-109)

- Regulations

- Soft law instruments (guidelines, communications)

- Procedures (Regulation 1/2003)

3. Three pillars of EU Compettition Law:

- antitrust practice & abuse of dominant position,

- merger control,

- state aid regulation.


Date: 2015-12-24; view: 821


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