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Competition Law

Objectives

The seminar aims to provide the student with a case law and interdisciplinary approach to the basic rules of European competition law, which include competition rules addressed to undertakings (Arts. 101 and 102 TFEU), competition rules addressed to the State (Art. 106 TFEU), merger control (Reg. 139/2004) and State aid (Art. 107 TFEU).

General characterization

Code

33108

Credits

6

Responsible teacher

Lúcio Tomé Feteira

Hours

Weekly - 3

Total - 36

Teaching language

English

Prerequisites

Not Applicable

Bibliography

  • Bellamy & Child, European Union Law of Competition, 8th edition (Oxford University Press: 2019)
  • Simon Bishop / Mike Walker, The Economics of EC Competition Law, 3rd edition (Sweet & Maxwell: 2010)
  • Ariel Ezrachi, EU Competition Law: An Analytical Guide to the Leading Cases, 7th. edition (Bloomsbury: 2021)
  • Faull & Nikpay, The EC Law of Competition, 3rd edition (Oxford University Press: 2014)
  • Damien Geradin, Anne Layne-Farrar, Nicholas Petit, EU Competition Law and Economics (Oxford University Press: 2012)
  • Alison Jones / Brenda Sufrin, EU Competition Law: Text, Cases and Materials, 7th edition (Oxford University Press: 2019)
  • Ioannis Lianos / Valentin Korah / Paolo Siciliani, Competition Law: Analysis, Cases and Materials, (Oxford University Press: 2019)
  • Luís D. S. Morais, Os Conceitos de Objecto e Efeito Restritivos da Concorrência e a Prescrição de Infracções de Concorrência (Almedina: 2009)
  • Miguel Moura e Silva, Direito da Concorrência ¿ Uma Introdução Jurisprudencial, 2.ª edição (AAFDL: 2018)
  • Massimo Motta, Competition Policy: Theory and Practice (Cambridge University Press: 2004)
  • Richard Whish / David Bailey, Competition Law, 10th edition (Oxford University Press: 2021)

Teaching method

Lectures involving the participation of students through the discussion of previously assigned cases.

Evaluation method

Final written exam (50%) combined with the outcome of the student's presentation in class (50%).

Subject matter

  1. Introduction
  2. Some basic notions: competition and competition law; competition law v regulation; the different layers of competition law; competition policy and its goals
  3. Basic microeconomic tools: utility, marginal cost and welfare; elastiticity; scale and scope economies (and natural monopolies); perfect and imperfect competition (monopoly and oligopoly); total welfare v consumer welfare
  4. Relevant market: notion definition and purpose
  5. Art. 101/1 of the Treaty on the Functioning of the European Union (TFEU): a primer
  6. Undertaking: notion and essential features
  7. The notion of agreement in Art. 101/1 TFEU; horizontal and vertical agreements; the notion of agreement in particular settings
  8. The notion of decision by associations of undertakings for the purpose of Art. 101/1 TFEU
  9. The notion of concerted practice: justification and (elusive) boundaries; the issue of parallel behaviour in the market
  10. Elements and application of Art. 101/3 TFEU
  11. Discussion os some of the most common examples of horizontal agreements  and concerted practices: price fixing, supply or output restriction, market and client partitioning, information exchange
  12. Vertical agrrements and their assessment under competition law
  13. The abuse of a domint position under Art. 102 TFEU: the definition of the relevant market; identifying dominance; distinguishing between different types of abuse
  14. Collective dominance: notion and justification
  15. Competition rules and the State: Art. 106 TFEU
  16. Regulation (EC) 1/2003 and the application of Arts. 101 and 102 TFEU
  17. Regulation (EC) 139/2004 and merger control
  18. State aid: a primer