JUR640 Competition Law (Spring 2023)

About the course

The aim of this course is to introduce students to EU/EEA Competition law and public procurement law. The central subjects in this course are 1) TFEU art. 101 containing the prohibition of anti-competitive agreements, decisions by associations of undertakings and concerted practices, 2) TFEU art 102 containing the prohibition of abuse of a dominant position, 3) the rules on enforcement and sanctions (mainly found in EU regulation 1/2003), and the public procurement rules. Competition law issues are also closely related to other issues that will not be dealt with in this course, such as state aid measures, marketing act and intellectual property rights.

The Course also aims to provide the students with an understanding of how the competition rules, mainly aimed towards private parties, also may affect the Member States of the EU/EEA.

By the end of the course, students should have thorough knowledge of substantial EU/EEA competition rules regarding anti-competitive agreements and abuse of a dominant position. In addition, students will have knowledge on provisions regulating the enforcement the EU/EEA competition rules and the basics of EU Public Procurement Rules.

The course will give the students a fundamental understanding of terms, problems and basic principles and legal concepts used in EU/EEA Competition Law. This will also give the students the same understanding of national competition law, as those often are harmonized with EU/EEA Competition Law. The course will also provide the students with a basic understanding of the EU/EEA Public Procurement rules, which are incorporated into national law in all EU/EEA Member States. The students will hence learn about a specific part of EU/EEA Substantial law which is also an integral part of national law.

The course is connected to the following study programs

• Bachelor in Law

Required prerequisite knowledge

You must have completed a minimum of 60 ECTS in law-related courses to follow JUR640.

The student's learning outcomes after completing the course

Knowledge

By the end of the course the students shall be able to

• Describe the concept of Undertaking in EU and EEA competition law

• Describe and explain the concepts of agreements, concerted practices and decisions by associations of undertakings in article 101 TFEU and article 53 EEA

• Describe and explain when agreements or other forms of collaborations restrict competition, in particular when they have as their object to restrict competition.

• Explain when anti-competitive agreements may fulfill the conditions in article 101(3) TFEU and article 53(3) EEA and be exempted from the prohibition of anti-competitive agreements, and additionally be able to discuss whether agreements contributing to public policy goals – such as sustainability – should be exempted from the prohibition of anti-competitive agreements.

• Describe and explain the concept of a dominant position in Article 102 TFEU/Article 54 EEA

• Describe and explain what type of conducts which may amount to an abuse of a dominant position.

• Describe the main concepts of EU/EEA Public Procurement Law

Skills

By the end of the course the students shall be able to

• Apply the prohibition of anti-competitive agreements in Article 101 TFEU/Article 53 EEA on specific cases, including being able to identify when a set of facts will amount to a violation of the prohibition of anti-competitive agreements.

• Apply the prohibition of abuse of a dominant position in Article 102 TFEU/Article 54 EEA on specific cases, including being able to identify if a conduct performed by a dominant undertaking amount to a abuse of a dominant position.  

• Explain the goals of competition law and public procurement law.

General Competence

The students shall achieve the competence to

• Apply EU and EEA case law to interpret and apply the competition provisions in EU/EEA law

• Solve competition cases by applying EU and EEA legal sources

• Communicate and discuss competition law issues with national and EU-based lawyers

Forms of teaching and learning

Lectures and seminars.

Coursework requirements - conditions for taking the exam

• Mandatory coursework: Assignment(s)

• Courseworks given: 1

• Courseworks required: 1

• Comment:

Examination

• Form of assessment: Digital school assessment

• Proportion: 100%

• Duration: 6 hours

• Grouping: Individual

• Grading scale: Letter (A - F)

• Supported material: Lovdata (examination mode)