Competition Law - Master

The aim of this course is to provide the students with a thorough knowledge in 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).

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 law 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.

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 students will hence learn about a specific part of EU/EEA Substantial law which is also an integral part of national law.

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 are 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.

Skills

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

• Identify, based on a set of facts (a case) which part of EU/EEA Competition Law which is applicable, which conditions in the relevant provisions that are relevant for solving the case, and interpret the relevant conditions.
• 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.

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.