Over the past 50 years, EU Competition Law has developed into a substantial body of law. It constitutes directly applicable rules for companies, and as such they are of immediate concern to business lawyers and management. Similar rules apply in most countries in the world. Compliance has become extremely important in view of the huge fines that are imposed by the Competition Authorities, damage claims by customers or other third parties (“private enforcement”), prison sentences and fines for managers and other important consequences such as reputational damage. Moreover, Merger Control in multiple jurisdictions has become for companies to determine their growth strategy and M&A and joint venture policy. Companies that have a dominant market position are subject to special rules that may determine their market behaviour. Finally, EU State Aid law dealing with all forms of government aid (from subsidies to guarantees and infrastructure prices) has developed into an important area of law for governments and companies alike. Reflecting the importance of competition policy, this course is devoted to the study of it and will provide the participants with a solid understanding of the main principles of all the relevant areas, including the liberalization of regulated sectors.
Objectives of the course
The principal objectives of this course are:
to introduce the substantitive and procedural legislation applicable in the subject area, including primary and secondary source materials;
to understand, interpret and apply the extensive body of case law by the EU Courts, by national courts and by the European Commission;
to recognise specific problems that may arise e.g. in business deals (contracts, M&A), in their context of trade associations and conduct by dominant players;
to introduce the skills which are necessary to apply the relevant regulation and case law to compliance within companies and the role of legal counsel.
The following achievement levels apply with regard to the course.
By the end of the course the student should have:
a general insight of the place of competition law in society and the position of the business lawyer;
a general understanding of both the substantive and procedural rules concerning conduct and compliance, as well as ;
a general knowledge of the major issues regarding cartels, distribution systems, abuse of dominance, trade associations, merger control, and State aid; and
a general analytical and practical skill to apply competition law in practice and to advise on prevention of infringements.
The timetable of this course can be found in uSis.
Mode of instruction
Number of (2 hour) lectures: 5
Names of lecturers: to be announced
Required preparation by students: preparation of prescribed literature
Number of (2 hour) seminars: 5
Names of instructors: to be announced
Required preparation by students: preparation of prescribed literature, case studies and any other assignments.
The assessment of this course is based on two elements:
- submitted case-report(s) (20% of the final grade)
- exam at the end of the course (80% of the final grade)
If a student has not passed the course by the end of the academic year, any partial grades for case report or exam are no longer valid.
Areas to be tested within the exam
All subjects taught in the lectures, all required reading (literature, case-law) published here and on Blackboard, all other instructions and skills taught during the course.
More information on this course is offered in Blackboard.
Obligatory course materials
Literature: to be announced on Blackboard
Course information guide: to be announced on Blackboard
Reader: to be announced on Blackboard
Recommended course materials
To be announced on blackboard
Students have to register for courses and exams through uSis.
Co-ordinator: Dr. Pieter Van Cleynenbreugel
Work address: KOG B.135
Telephone number: 1369
Institute: Public Law
Department: European Law
Room number secretary: KOG, room B1.21
Opening hours: Monday to Friday, 9.00 – 17.00
Telephone number secretary: +31 (0)71 527 8837
Belangstellenden die deze cursus in het kader van contractonderwijs willen volgen (met tentamen), kunnen meer informatie vinden over kosten, inschrijving, voorwaarden, etc. op de website van Juridisch PAO.