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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: European Competition and Innovation (LAWS11271)

Course Outline
SchoolSchool of Law CollegeCollege of Humanities and Social Science
Course typeStandard AvailabilityAvailable to all students
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) Credits20
Home subject areaLaw Other subject areaNone
Course website Taught in Gaelic?No
Course descriptionThis module examines the principal issues arising from the application of Articles 101 and 102 TFEU to practices aimed at furthering innovation and investment. It will include a consideration of the following topics:
- Article 101 TFEU: current approaches to prima facie anti-competitive agreements in general; legal implications of joint venture arrangements and the application of Article 101(3) to individual cases; the current Block Exemption on Technology Transfer Agreements.
- Article 102 TFEU: current approaches to abuses of dominant position generally - the 2009 Enforcement Priorities' document; abuse of dominance in innovative industries - the problem of network effects; issues arising from the application of Article 102 to "industry leaders" - refusals to deal and to license.

Specific features of the course:-

EU Competition law is a fast developing subject; for this reason, students are greatly encouraged to complete their recommended reading punctually and to keep abreast with the subject's development via the press, the EU Commission and the Office of Fair Trading websites.

Although the module leader endeavours to give reading lists as up-to-date as possible, changes to individual seminars may be possible and indeed necessary to take into account legislative and judicial developments.

Much of the material that will be analysed in the course of each session may be accessed online via the EU website and its repositories, via Westlaw and other electronic resources. In any event, a list of recommended textbooks from which students may choose will be supplied at the start of the course.

Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements Please contact the distance learning team at
Additional Costs Students should have regular and reliable access to the Internet. Print consumables are recommended to provide hard copy of some on materials.
Information for Visiting Students
Pre-requisitesPlease contact the distance learning team at
Displayed in Visiting Students Prospectus?No
Course Delivery Information
Delivery period: 2013/14 Semester 1, Available to all students (SV1) Learn enabled:  Yes Quota:  None
Web Timetable Web Timetable
Class Delivery Information This course is taught by distance learning.
Course Start Date 16/09/2013
Breakdown of Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 40, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 156 )
Additional Notes
Breakdown of Assessment Methods (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
No Exam Information
Summary of Intended Learning Outcomes

On completion of this course, the student will be able to:

1. appreciate the general principles guiding the application of the EU competition rules to the most common prima facie unlawful arrangements and unilateral practices;

2. critically analyse the most common arrangements leading to the emergence of new products and technologies in light of Articles 101 and 102 TFEU;

3. to discuss possible implications of the application of Articles 101 and 102 to them to case scenarios and to suggest solutions.
Assessment Information
One essay of up to 4,000 words (60%); one individual assignment (20%); contribution to weekly online discussions throughout the semester (20%). Requirements for all module assessment will be outlined to students within the individual modules at the start of each semester.
Special Arrangements
This course is taught by distance learning.
Additional Information
Academic description Not entered
Syllabus Week 1: Introduction to competition policy and to competition law
Week 2: Article 101 TFEU: an introduction to its basic elements
Week 3: Article 101(3): the "legal exception" to prohibiting restrictive arrangements for the purpose of attaining "technical advancement"
Week 4: Article 101(3): case studies--joint ventures for research and development; specialisation agreements.
Week 5: Article 101(3)--Block Exemption Regulation on the Transfer of Technology
Week 6: revision week
Week 7: Article 102 TFEU: an introduction to its essential elements--concepts of 'dominance' and of 'abuse'; the 2009 Guidance on Enforcement Priorities (EU Commission) document
Week 8: Innovative industries and abuse of dominance: competition assessment of network-based markets
Week 9: refusals to deal and to license (1): sharing "indispensable" infrastructure;
Week 10: refusals to deal and to license (2): Article 102 and Intellectual Property Rights-- the Microsoft case.
Week 11: revision and Q&A
Transferable skills Not entered
Reading list Not entered
Study Abroad Not entered
Study Pattern Not entered
KeywordsNot entered
Course organiserDr Arianna Andreangeli
Tel: (0131 6)50 2008
Course secretaryMs Clare Polson
Tel: (0131 6)51 4411
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