Modules - University of Liverpool

Law School Module Details

The information contained in this module specification was correct at the time of publication but may be subject to change, either during the session because of unforeseen circumstances, or following review of the module at the end of the session. Queries about the module should be directed to the member of staff with responsibility for the module.

Title	COMPETITION LAW
Code	LLAW116
Coordinator	Dr J Zrilic Law J.Zrilic@liverpool.ac.uk
Year	CATS Level	Semester	CATS Value
Session 2021-22	Level 7 FHEQ	Whole Session	15

Aims

Ensuring competitive and efficient markets has been at the forefront of the realisation of the Common Market since the inception of the European Economic Community. Throughout the past fifty years competition policy has thus emerged as one of the key policy areas within the EC/EU and as a result has attracted increasing interest amongst students and academics as well as growing importance in legal practice. This module seeks to introduce students to the legal and economic concepts characterising the application of the EC competition rules, and especially Articles 81 and 82 of the EC Treaty. Through the analysis of relevant case law and of the Commission’s policy statements, the module aims to cover the principal topics concerning the enforcement of both the prohibition of cartel behaviour and that of abuse of a dominant position.

The module consists of a number of online seminars as well as of individual exercises designed to provide students with key information on the basic concepts of antitrust policy and law in the EC legal systems. Working individually and in the context of the remote seminar environment students will acquire knowledge of basic notions concerning, respectively, the prohibition of cartel and other collusive behaviour, enshrined in Article 81 of the EC Treaty and that of abuse of a dominant position, sanctioned by Article 82 of the Treaty. Using that knowledge they will examine specific instances of anti-competitive behaviour and will learn how to apply the concepts so acquired to individual problems and case scenarios. The module will first seek to impart information on key economic concepts, such as that of competition as opposed to monopoly and oligopoly, economic efficiency, consumer welfare, market definition and market power. Thereafter, the module will progress to covering legal notions, such as that of anti-competitive agreement, of effect on interstate trade, dominance and abusive behaviour. Finally, the course wi ll cover aspects of the procedure aimed at the enforcement of the EC antitrust rules before the European Commission.

Learning Outcomes
(LO1) At the end of the module the students will be able to:
(LO2) - illustrate the meaning and function of basic economic concepts in the context of the formulation and implementation of competition policy;
(LO3) - understand the principles governing the application of the antitrust rules in the EC legal system;
(LO4) - demonstrate knowledge of the legal rules governing the principal expressions of anticompetitive behaviour, both bi/multilateral and unilateral;
(LO5) - analyse relevant judgments and administrative decisions;
(LO6) - analyse and critique scholarly writings in the area of anti-trust law and policy;
(LO7) - apply the antitrust rules to hypothetical case scenarios and suggest solutions to them
(LO8) Demonstrate an ability to analyse and present materials
(S1) Critical analysis appropriate for advanced level masters study.
(S2) Problem-solving skills applicable to complex theoretical and practical contexts.
(S3) Time management and prioritisation skills by working to deadlines.
(S4) Individual and group communication skills by presentations in an online environment (e.g. the virtual classroom).
(S5) Take responsibility for independent learning agenda.
(S6) Reading, analysing and synthesising different viewpoints, becoming familiar with different viewpoints and presenting findings/conclusions in clear, comprehensible, structured format.
(S7) Critical skills with regard to the merits of particular arguments and making reasoned choices between alternative solutions or arguments in all modules and dissertation.

Syllabus

1
Week 1: Introduction to EU competition law: the notion of “competition” in economic theory; basic economic concepts (costs, revenue, profits; types of markets…); outline of possible legal approaches to anti-competitive behaviour (prohibition v abuse based systems, public and private enforcement…); economic tools available (i.e. market definition, market power).
Primary material: n/a; Administrative statements: Commission Notice on Market Definition. Secondary material: introductory chapter in any of the suggested textbooks.

Expected Responses: DQI + 3-5 DQF
Study packs to include cases and administrative statements, journal articles and questions for analysis.

Week 2: common concepts: undertaking, interstate trade effect, division of jurisdiction between EU and domestic competition law.

Primary material: Council Regulation No 1/2003; Hofner v Macrotron; STM v MBU; Walt Wilhelm v Bundeskartellamt.

Secondary mat erial: relevant case book chapters (e.g. Chapters 2 and 3, Whish: Competition Law).

Expected Responses: DQI + 3-5 DQF

Study packs to include cases and administrative statements, journal articles and questions for analysis.

Hand in assignment—HA—write a short report on the concept of “undertaking”.

Week 3: Article 81—introduction and structure; restrictions “by object” and “by effect”.

Primary material: Article 81 EC Treaty; STM v MBU; Grundig v Commission; Delimitis v Henninger; Pronuptia v Schigallis.