Module LAW3011: EC AND UK COMPETITION LAW

Department: Law

LAW3011: EC AND UK COMPETITION LAW

Prerequisites

• Legal Skills (LAW 1041) and Law of Torts (LAW 1051) and EU Constitutional Law (LAW 1061) and Law of Contract (LAW 1071) and The Individual and the State (LAW 1081) and UK Constitutional Law (LAW 1091).

Corequisites

• None.

Excluded Combination of Modules

• None.

Aims

• To provide the students with an understanding of how the competition authorities administer and interpret competition law.
• To understand and be able to apply the various competition rules that have been adopted by the EC and UK to regulate trade.
• To examine the role of EC and UK competition law in the integration process of the EC market.

Content

• The nature of Competition law - objectives - role of law in regulating market behaviour - US, German and UK approaches.
• The UK Competition Act 1998. The Enterprise Act 2002.
• EC Competition Law and Policy - overlapping jurisdiction - the Competition authorities - general scheme of EC Competition rules.
• Scope and application of Article 81 to horizontal and vertical agreements.
• Article 81 (3) exemption.
• Application of Article 82 to the practices of dominant firms - concept of "dominance" and abuse.
• The Commission's powers to investigate Regulation 1/2003 - Review of Commission Decisions under Articles 230 and 232.
• Merger Regulation, Joint Ventures and UK Fair Trading Act 1973.

Learning Outcomes

• Students should be able to demonstrate a sound understanding of the UK and EC Competition rules.

• Students should be able to:
• apply UK and EC competition rules to factual scenarios and advise accordingly
• analyze and evaluate the current rules in light of legal, political and economic questions raised.

• Students should be able to develop the ability to work independently and take responsibility for his/her own learning.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• Students will be supported in the development of their research and writing skills by the provision of guidance in identifying and retreiving relevant sources.
• Students are expected to work independently, in preparation for each seminar. A framework lecture will be delivered in order to offer a "starting point" for the preparation of the following seminar topic. Seminars provide the opportunity for students to develop and enhance their capacity for legal-problem solving in a particular factual situation, evaluative critical analysis and their appreciation of laws' linkage with broader fields of enquiry.
• Assignments (formative) are used both to develop problem-solving skills, the ability to engage in sustained evaluation of proposed schemes of reforms, and the ability to evaluate the law in a critical and contextual way.
• Staff will provide on-going support and guidance as appropriate.
• Summative assessment comprises one unseen examination of two hours fifteen minutes (including fifteen minutes reading time). Students are given a choice of questions to answer, but the paper is structured in such a way as to assess students on all the specific outcomes. In particular, students are required to answer both problem and essay type questions: the former primarily assessing knowledge and analysis of specific factual situations raising key legal issues; the latter primarily assess knowledge, evaluative capacity and an awareness of placing the analysis of law in wider contexts of enquiry.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

1 essay/term (2000 words max)

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University