Undergraduate Course: Fundamentals of Competition Law (LAWS10156)
|School||School of Law
||College||College of Humanities and Social Science
|Credit level (Normal year taken)||SCQF Level 10 (Year 3 Undergraduate)
||Availability||Available to all students
|Summary||The course aims to give students an understanding of the rules governing genuine competition across the Common Market enshrined (primarily) in Articles 101 and 102 of the Treaty on the Functioning of the EU and their sister provisions in the Competition Act and the Enterprise Act. These include: - basic economic concepts; - the notion of ¿restriction of competition¿ generally and in relation to the most important types of restraints among undertakings; - the concept of collusion, express or tacit, among competitors; - the notion of abuse of a dominant position; - the structure for the enforcement of the Competition rules in Europe and in the UK, both at administrative and judicial (and criminal) level.
The indicative teaching programme:
- Introduction to basic economic concepts: what is ¿competition¿? Types of markets; the concept of consumer welfare; Schools of Antitrust.
- The purpose of Competition law in EU and UK law.
- The scope of the jurisdiction of, respectively, the European and national competition laws. The notion of ¿effect on interstate trade¿.
- Art 101 TFEU/ s 2 CA¿the prohibition of cartels: the elements; agreements and concerted practices; horizontal and vertical restraints; the rule of reason; the role and purpose of the ¿exemption clauses¿.
- Art 102 TFEU/s 18 CA: the prohibition of the abuse of a dominant position. Definition of relevant market; the concept of dominance; forms of abusive behaviour. Joint dominance and oligopolistic markets.
- The enforcement of competition law: the nature and structure of competition proceedings; the role and powers of the European Commission and of the Competition and Markets Authority; judicial control of both; civil remedies; criminal enforcement; parallel proceedings.
Information for Visiting Students
|Pre-requisites||Previous knowledge of EU Law
|High Demand Course?
Course Delivery Information
|Academic year 2018/19, Available to all students (SV1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 20,
Summative Assessment Hours 2,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||2 hour unseen examination in the December diet, worth 100% of the mark
||Hours & Minutes
|Main Exam Diet S1 (December)||2:00|
On completion of this course, the student will be able to:
- 1. Knowledge and Sources of Law:
- Develop knowledge and understanding of Articles 101 and 102 TFEU and ss 2 and 18 of the Competition Act together with the EU and domestic sources of law enacted to give effects to these provisions;
- Building on knowledge acquired in the course of Ordinary studies of EU law, explore the relation between competition law and the general rules governing the common market, especially the general principles of EU law (e.g. direct effect);
- Acquire a critical understanding of the theoretical and economic underpinning of competition law, resulting from both scholarly debate and the dynamics of European integration, if necessary by drawing comparison with other jurisdiction;
- Develop the ability to identify and critique the evolution of key aspects of the discipline, as a result of historical and political change as well as of normative development.
- 2. Subject-specific Skills:
- Analyse and critique key judgments of the Court of Justice of the EU and the Competition Appeal Tribunal in the area;
- Evaluate the implications arising from the application of Articles 101/102 and ss. 2/18 to specific cases, both for the present and for future developments (from a legal and a policy standpoint);
- Identify and interrogate the intimate connections existing between competition law and the general principles governing the single market and trace the development of the approach used to harmonise these different trends and principles;
- Construe legal arguments and suggests solutions to practical competition problems.
- 3. General Transferable Intellectual Skills:
- An ability to analyse and critique primary and secondary sources of law and to communicate effectively these outcomes;
- An ability to develop coherent legal arguments, to suggest solutions to theoretical questions or practical problems;
- The ability to produce independent written work showing critical understanding of the subject matter and critical engagement with existing debates;
- Building on the existing knowledge and skills acquired in the course of Ordinary studies, the ability to retrieve, assess the relevance of and to synthesise material coming from disparate sources.
- 4. Key Personal Skills:
- Identify and analyse complex problems and issues;
- offer insights, interpretations and solutions to proposed problems or question;
-engage creatively in debate with others and cooperate toward the formulation of common solutions and outcomes on the basis of both individual knowledge and collective discussion.
- 5. Subject-specific Legal and Ethical Values:
- ability to exercise independent judgment and operate in relative autonomy for the purpose of seminar preparation and production of written work;
- ability to identify key issues of social responsibility of enterprises vis-à-vis society in the markets they operate in and to articulate legal standards, on the basis of judgments and policy documents, destined to resolve these issues.
|Jones and Sufrin, EU Competition Law: text, cases and materials: OUP.|
Whish & Bailey, Competition Law: OUP.
Ezrachi, EC Competition Law: an analytical guide to the leading cases: Hart.
Middleton, MacCulloch, Rodger and Galloway, Cases and Materials on UK and EC Competition Law: OUP.
Marco Colino, Competition Law of the EC and UK: OUP.
Graham, EU and UK Competition Law: Pearson.
|Graduate Attributes and Skills
|Course organiser||Dr Robert Lane
Tel: (0131 6)50 2039
|Course secretary||Ms Krystal Hanley
Tel: (0131 6)50 2056