Derecho de la Competencia

Group	Teacher	Department	Language
1 - Law Exchange Program 20	Carlos Alberto Ruiz Garcia	Derecho	ENG

Previous Knowledge

No previous knowledge required, despite students may have basic knowledge of this subject from their Law degree - usually covered in Commercial Law - or from its specific study as an optional subject when studying abroad within the framework of the Erasmus Programme.

Workload distribution

Students must attend all sessions and participate actively. Likewise, students should review all materials beforehand and be able to solve the practical cases that will be analysed in the classroom.

The workload to pass the course is approximately distributed as follows:

Classroom hours (lectures and seminars): 40%
Home study hours: 60%

Tutorials and individual attention will be offered preferently duriing the sessions. In case of emails, answers will be delivered in a reasonable time.

COURSE CONTRIBUTION TO PROGRAM

In the framework of the current market enviroment and the functioning of the markets, it is essential for every practicing corporate or in-house lawyer to know the legal rules of free competition. It becomes increasingly essential and transversal, at the present time, to add this knowledge of Competition Law to the field of legal advice in order to assist companies upon decision-making and to avoid, accordingly, major legal and reputational risks.

Course Learning Objectives

By the time students have successfully accomplished this course, they will:

- Have a greater overview of the subject; i.e. each of the fields of Competition Law that may affect companies (restrictive practices and economic concentrations).
- Have knowledge of not only European Union law but also the foundations upon which such legislation is built.
- Be able to identify those business practices that might affect the different fields of application of EU Competition Law.
- Be able to provide preliminary advice on the legality of the analysed business practices and, where appropriate, to assess the effects that the activities of EU and National Competition Authorities might have on business behaviour.
- Understand the institutional architecture related to the public entities involved in the application of EU Competition Law, as well as the procedures to follow before them.

CONTENT

1.
2. CONTENTS 1. Introduction 2. Agreements I - General concepts 3. Agreements II - Vertical Agreements 4. Agreements III - Horizontal Agreements - Cartels 5. Abuse of Dominant Position I 6. Abuse of Dominant Position II 7. Procedure: Regulation 1/2003 8. Control of concentrations I 9. Control of concentrations II 10. State Aid

1. 2. CONTENTS

1. Introduction

2. Agreements I - General concepts

3. Agreements II - Vertical Agreements

4. Agreements III - Horizontal Agreements - Cartels

5. Abuse of Dominant Position I

6. Abuse of Dominant Position II

7. Procedure: Regulation 1/2003

8. Control of concentrations I

9. Control of concentrations II

10. State Aid

Methodology

The approach of the course will be essentially practical. For the most part, the case study method will be employed, focusing on decisions by competition authorities, case law of different jurisdictional bodies, as well as (fictional) cases specifically designed for the course (and based on actual professional practice). At the end of certain sessions, students may be provided with practical cases to be solved individually or in teams, prior to the next session during which students will contribute to the discussion, assessment and solution of the case.

Students will have to be able to handle autonomously the relevant legislation, decisional practice and case law, with the purpose of studying the subject and solving the practical cases.

It is compulsory to use the Moodle platform in order to ensure the proper attendance of the course.

Description	%
	30

Assessment criteria

Active participation during the sessions 30%

Final exam 70%

Continuous evaluation (in particular, active participation in class by making questions or raising issues/debate, and answering questions from teachers; 30% of the course).

Evaluation will be based on both the final exam, and the active and continuous participation of students throughout the sessions and the solving of cases. Those elements will be weighted in the following manner:

- Final Exam: 70% of the course. It is necessary to score at least 4 points to pass the course.

- Continuous evaluation: 30%. Active participation in class (e.g., by making questions, raising issues/debates, answering questions from the teachers, debating with other students) will be of the utmost relevance and will be controlled in each session. For the sake of clarity: mere attendance to sessions does not ensure alone a satisfactory or maximum grading for this criterion.

Bibliography

At the beginning of the course, students will be provided with an outline of basic European Union legislation on Competition Law, as well as a list of recommended manuals and treatises.

Likewise, at the end of each session and through the Moodle platform, students will be provided with a list of all materials and (for certain sessions) case studies that will have to be solved for next session.

Finally, were suitable, students will be provided with a relation of the main websites on which they will be able to find the latest developments in the field of Competition Law as well as the case law of Courts and the practice of Competition Authorities.

Timetable and sections

Group	Teacher	Department
1 - Law Exchange Program 20	Carlos Alberto Ruiz Garcia	Derecho

Timetable 1 - Law Exchange Program 20

From 2023/9/21 to 2023/11/30:
Each Thursday from 14:30 to 17:30. (Except: 2023/10/12)

Thursday 2023/12/21 from 14:30 to 17:30.

Type:	OPT	Curs:	1	Period:	S semester
ECTS Credits:	3 ECTS

Derecho de la Competencia (2235.YR.014129.1)

General information

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Prerequisites