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Introduction to European Competition Law - D'Estaintot/Hoffmann

Dates:
  • Tue 24 Nov 2020 10.00 - 12.00
  Add to Calendar 2020-11-24 10:00 2020-11-24 12:00 Europe/Paris Introduction to European Competition Law - D'Estaintot/Hoffmann

Course overview

The course aims at (i) shedding light on the origins and goals of European Union ( EU ) competition law, (ii) describing the building blocks of its enforcement system, (iii) underlining the current policy issues it faces and (iv) outlining perspectives for evolution.

Created in the late 19th century in the US, competition law plays since the 1950's a crucial role in the economic, legal and political integration of the EU and the organization of its single market. This course attempts to explain the reasons for the appearance of a system of competition law in the EU and the historical evolution of the goals assigned to it up to the present day. These premises will help to understand the developmental course of EU competition law through time, including its spread into new markets.

The course then focuses on the concrete enforcement of competition law by answering basic questions. Who is subject to competition law? Who are the enforcers? Are there frictions with other fields (tax, industrial policy, environmental protection…)? We intend to explain the general principles of competition law enforcement through an analysis of the prohibitions and exemption rules embodied in articles 101 to 109 TFEU, with examples taken from the case-law. The course will thus discuss the four branches of EU competition law, namely anticompetitive agreements and concerted

practices, abuse of dominance, merger control, state aid. While exploring the case-law, we will stress the increasing prevalence of the more economic approach in competition enforcement. This will provide the crucial aspects of the legal framework and enable participants to grasp the logic of competition law and the specificities of its methods of reasoning.

Lastly, the course will discuss contemporary policy debates. New technologies and the digital economy expose the limits of traditional competition law tools. Original business models have led to unresolved issues in terms of enforcement. The course will discuss some of the solutions that have been identified so far. It will also discuss recent decisions of national authorities that tackle through competition enforcement issues that could (and maybe should) be dealt with under other bodies of law (for example privacy law). This will hopefully open a debate on the role of competition law in the overall

public policy mix in the digital economy. Finally, the course will incite participants to think of unusual applications of competition law reasoning that could nurture their own research. Given that these debates are both recent and controversial, this last part of the course could pave way to fruitful discussions.

Participants would greatly benefit from preparing the discussed case law before each class. For those who want to dive deeper into a particular aspect of the class, we provide supplementary references in the syllabus. The introductory class does not contain case law.

Sala del Camino - Villa Salviati- Castle DD/MM/YYYY
  Sala del Camino - Villa Salviati- Castle

Course overview

The course aims at (i) shedding light on the origins and goals of European Union ( EU ) competition law, (ii) describing the building blocks of its enforcement system, (iii) underlining the current policy issues it faces and (iv) outlining perspectives for evolution.

Created in the late 19th century in the US, competition law plays since the 1950's a crucial role in the economic, legal and political integration of the EU and the organization of its single market. This course attempts to explain the reasons for the appearance of a system of competition law in the EU and the historical evolution of the goals assigned to it up to the present day. These premises will help to understand the developmental course of EU competition law through time, including its spread into new markets.

The course then focuses on the concrete enforcement of competition law by answering basic questions. Who is subject to competition law? Who are the enforcers? Are there frictions with other fields (tax, industrial policy, environmental protection…)? We intend to explain the general principles of competition law enforcement through an analysis of the prohibitions and exemption rules embodied in articles 101 to 109 TFEU, with examples taken from the case-law. The course will thus discuss the four branches of EU competition law, namely anticompetitive agreements and concerted

practices, abuse of dominance, merger control, state aid. While exploring the case-law, we will stress the increasing prevalence of the more economic approach in competition enforcement. This will provide the crucial aspects of the legal framework and enable participants to grasp the logic of competition law and the specificities of its methods of reasoning.

Lastly, the course will discuss contemporary policy debates. New technologies and the digital economy expose the limits of traditional competition law tools. Original business models have led to unresolved issues in terms of enforcement. The course will discuss some of the solutions that have been identified so far. It will also discuss recent decisions of national authorities that tackle through competition enforcement issues that could (and maybe should) be dealt with under other bodies of law (for example privacy law). This will hopefully open a debate on the role of competition law in the overall

public policy mix in the digital economy. Finally, the course will incite participants to think of unusual applications of competition law reasoning that could nurture their own research. Given that these debates are both recent and controversial, this last part of the course could pave way to fruitful discussions.

Participants would greatly benefit from preparing the discussed case law before each class. For those who want to dive deeper into a particular aspect of the class, we provide supplementary references in the syllabus. The introductory class does not contain case law.


Location:
Sala del Camino - Villa Salviati- Castle

Affiliation:
Department of Law

Type:
Research seminar

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