Lecture 3. Main doctrines of the EU Competition Law

1. The concept of "effect on trade"

2. The doctrine of “Undertaking” (case studies)

3. The ‘single economic entity’ doctrine (the theory of ‘single economic unit’)

4. Agreements, decisions, concerted practice

5. Anticompetitive effects of the agreement

6. The doctrine of relevant market

7. De minimis doctrine

Module 2. Substantial Norms of EU Competition Law

Lecture 4. Procedures of Competition Law Enforcement

1. Supranational Institutions (European Commission & Advisory Committee for Restrictive Practices and Dominant Positions;

2. Procedures of the Commission under the Reg 1/2003

3. Cooperation between national authorities & national courts

4. Unification of court application of EU Competition Law (practice)

5. Penalties

6. Leniency Policy

Lecture 5. Rules on competition applying to undertakings

1. Collusive conduct - Agreements between undertakings (vertical , horizontal, mixed)

2. De minimis doctrine enforcement

3. Prohibitions under art. 101 (1) TFEU

4. Directly applicable exception system

Lecture 6. Anticompetitive practice: regimes & exemptions

1. Exemptions from the prohibitions (art. 101 (3) TFEU)

2. Two positive and two negative requirements of exemptions of prohibitions

3. Individual & block exemptions

4. Block exemptions for vertical agreements (Regulation 330/2010)

Lecture 7. Cartel practice

1. The notion cartel (practices)

2. Classifications of horizontal agreements (Hard-core cartels, Agreements on cooperation)

3. Analysis of hard-core cartels (Quinine, Polypropylene, PVC and Wood pulp (II), Soda Ash - Solvay

4. horizontal co-operation agreements (Guidelines 2001)

5. R&D agreements (exemptions under Regulation (EU) No 1217/2010)

6. Specialization agreement (exemptions under Regulation (EU) No 1218/2010)

7. Joint ventures for cooperation

Lecture 8. Abuse of Dominant Position: practices & cases

1. The concept of "dominant" and its characteristics (art. 102 TFEU, United Brands / Commission (case 27/76), Microsoft case

2. The concept of relevant market for dominance testing (Hoffmann-La Roche, AKZO, Michelin)

3. Forms of abuse

4. The relationship between Article 102 & Article 101

Lecture 9. Mergers & Acquisitions

1. The concept of merger

2. Merger activity

3. Ex post & ex ante control

4. EC Merger Regulation (139/2004) and the Implementing Regulation (802/2004).

5. The procedure for obtaining permission for merger of companies under the Regulation 139/2004

6. New 'merger simplification package’ (procedures & criteria of simplified procedure.

Lecture 10. State aid as an instrument of prevention, restriction or distorting of competition

1. The notion of State aid & its types & examples

2. Investigative and decision-making powers of the Commission

3. Ex ante & ex post competence

4. Main principles of state aid regulation in the EU

5. Exemptions from the incompatibility of state aid (p.2,3 art. 107 TFEU)

Seminars structure

Seminar 1-2. An Introduction to the Competition Law

Part I.

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

2. Competition in Trade Relations: regulation within International Law

3. How do you understand the notion “International Competition Law”. Is it possible to research competition law within international law?

4. International organizations that focus on competition regulation: UNCTAD, WTO, OECD, UNCITRAL, CIS

5. Competition Law & the WTO (see additional materials).

Part II.

1. Legal basis of EU Competition Law

- Articles of TFEU (101-109)

- Regulations

- Soft law instruments (guidelines, communications)

- Procedures (Regulation 1/2003)

2. The concept of "effect on trade"

3. The doctrine of “Undertaking” (case studies)

4. The ‘single economic entity’ doctrine (the theory of ‘single economic unit’)

5. Agreements, decisions, concerted practice

6. Anticompetitive effects of the agreement

7. The doctrine of relevant market

8. De minimis doctrine

Case studies to seminar 1-2:

1. The notion ‘undertaking’ plays an important role in the EU Competition Law. The prohibition in Art.101 TFEU applies to agreements between ‘undertakings’. Comment on the following statement by referring to the relevant case law:

‘The notion ‘undertaking’ is identical to ‘corporations’ in the sense that it refers to entities with legal personalities’.

2. The notion of ‘undertaking’ plays an important role in the EU Competition Law. The prohibitions in the Art. 101 & 102 TFEU apply only to ‘undertakings’. Comment on the following statement by referring to the relevant case law:

‘State-financed entities cannot qualify as an ‘undertaking’ in the sense of Art. 101 & 102 TFEU’.

3. Not every agreement between undertakings that appreciably restricts competition falls within the scope of Article 101(1) TFEU.

Please provide a short definition of the element of ‘effect of trade’ by referring to a relevant legal source and give an example where an anti-­competitive agreement does not ‘affect trade between Member states’

4. Please comment on the following statement by referring to the relevant case law:

‘The anti-­competitive effect of concerted practices in the sense of Article 101(1) TFEU has to be proved in order to establish an infringement’

Date: 2015-12-24; view: 1038