Competition Law - Master
- ECTS credits10
- Teaching semesterAutumn
- Course codeJUS3509
- Number of semesters1
Level of Study
Place of Instruction
Faculty of Law, University of Bergen
Objectives and Content
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.
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.
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.
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.
Required Previous Knowledge
Three years of law studies.
Recommended Previous Knowledge
Good level of English language.
Credit Reduction due to Course Overlap
Combined with JUS258-2-B Competition Law or JUS2309 Competition Law this course will generate no new credits.
This course combines well with
JUS2301/JUS3501 Free movement under EU and EEA market law
JUS2315/JUS3515 EU and EEA public procurement law
JUS2302/JUS3502 EU and EEA State Aid Law
JUS35XX EEA moot court competition
Access to the Course
The course is available for the following students:
- Admitted to the five-year master programme in law
- Admitted to the two-year master programme in law
- Admitted to the Master of Laws (LLM) in EU and EEA Law
- Granted admission to elective courses at the Faculty of Law
- Granted additional right to study following completed Master in Law degree at UiB
- Exchange students at the Faculty of Law
The pre-requirements may still limit certain students¿ access to the course.
Teaching and learning methods
Lectures and mandatory seminars.
The seminars will be about solving competition cases and consist of teaching and discussion about how to write decisions solving a case. There will be a total of three seminars. The first two seminars will be of one hour each, while the third and final seminar will be of 2 hours. In the first seminar the topic is identifying which rules that are applicable to a case and identifying the relevant conditions/criteria in the rules. The topic for the second seminar is interpretation of the conditions which are relevant for a given case, in particular how to use case law in the interpretation, and to interpret conditions in manner relevant for the specific case. The topic for the third seminar is to apply the relevant provisions and conditions to a case, or in other words how to write the discussion part of a decision, leading up to a conclusion.
The format of all the seminars will be the same. Before the seminar the students will submit a short text related to the topic for the seminar. The texts will be subject to student per review. Before the seminar the texts and comments will be used by the teacher as part of the preparation of the seminar. Some of the text will be used as examples in the seminars.
The goal of these seminars is to provide teaching which will make the students able to acquire the skills mentioned in the learning outcome above. Based on these seminars the students will be well equipped to solve a case in the final home exam.
Compulsory Assignments and Attendance
Compulsory attendance on the three seminars which are aimed specifically at master level students, and compulsory writing assignments in relation to the seminars.
Forms of Assessment
Case based home exam.
- Question paper: English
- Answer paper: English
Examination Support Material
Please note the rules concerning source citation.
A - E for passed, F for failed.
The reading list will be ready 1 July for the autumn semester.
According to the administrative arrangements for course evaluation at the Faculty of Law.
The Academic Affairs Committee (Studieutvalget) at the Faculty of Law is responsible for ensuring the material content, structure and quality of the course.¿
Professor Ronny Gjendemsjø
The Faculty of Law¿s section for students and academic affairs (Studieseksjonen) is responsible for administering the programme.