Postgraduate Course: European Competition and Innovation (LAWS11271)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
|Course type||Online Distance Learning
||Availability||Not available to visiting students
|Summary||This course 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.
Week 1: What is competition?
Week 2: Article 101 TFEU: the basics
Week 3: Article 101(3) TFEU: the "legal exception" clause
Week 4: Case studies
Week 5: The Block Exemption Regulation on the Transfer of Technology
Week 6: Article 102 TFEU: the basics
Week 7: Innovative industries and abuse of dominance
Week 8: Refusals to deal and to license (1): sharing "indispensable" infrastructure;
Week 9: Refusals to deal and license (2): Article 102 and Intellectual Property Rights-- the Microsoft case.
Week 10: Current issues: artificial intelligence and collusive scenarios.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| Please contact the online learning team at firstname.lastname@example.org
|Additional Costs|| Students must have regular and reliable access to the internet.
Course Delivery Information
|Academic year 2021/22, Not available to visiting students (SS1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 40,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||One essay of up to 4,000 words (80%); one individual assignment (20%).
Requirements for all course assessments will be outlined to students within the individual courses at the start of each semester.
||Students will have the opportunity to obtain formative feedback over the course of the semester. The feedback provided will assist students in their preparation for the summative assessment.
Details of the School's feedback policy will be available at the start of the course.
|No Exam Information
On completion of this course, the student will be able to:
- critically analyse the most common arrangements leading to the emergence of new products and technologies in light of the EU competition rules;
- discuss possible implications of the application of Articles 101 and 102 to the most common commercial practices occurring in investment driven industries;
- identify problems and possible tensions between the demands of competitive markets and the need to continue encouraging innovation in the long term;
- suggest solutions to these problems.
|The reading for the course relies in particular on one textbook, namely: Lorenz, An Introduction to EU Competition Law, 2013: Cambridge University Press. This is a very accessible textbook which is especially suitable to conveying the 'essential' information on each topic.|
A detailed list of key resources will be available at the start of the course.
|Graduate Attributes and Skills
||Students will develop their skills and abilities in:
1. Research and enquiry, through e.g. selecting and deploying appropriate research techniques;
2. Personal and intellectual autonomy, e.g. developing the ability to independently assess the relevance and importance of primary and secondary sources;
3. Communication, e.g. skills in summarising and communicating information and ideas effectively in written form;
4. Personal effectiveness, e.g. working constructively as a member of an online community;
5. Students will also develop their technical/practical skills, throughout the course, e.g. in articulating, evidencing and sustaining a line of argument, and engaging in a convincing critique of another's arguments.
||This course is taught by online learning.
|Additional Class Delivery Information
||This course is taught by online learning.
|Course organiser||Dr Arianna Andreangeli
Tel: (0131 6)50 2008
|Course secretary||Ms Clare Polson
Tel: (0131 6)51 9704