University of Cambridge, Faculty of Law

Competition Law (LL.M.)

Syllabus
  1. Introduction to Competition Law. Development of competition law from the 1890 Sherman Act to the 1957 EC Treaty. Competition policy as part of the single market objective. Interaction of national and EU competition law. Relevant principles of economics: market definition, product substitutability, market power, monopoly, oligopoly, workable competition. Schools of economic thought on optimum competition policy.
  2. The Framework of the EU Treaties. Role of the Council, Commission and Parliament. Regulations, Directives and Notices.
  3. Collusion between undertakings (Article 101 TFEU). The general prohibition of agreements restrictive of competition. Decisions by associations of undertakings. Concerted practices. Effect on trade between Member States. Vertical and horizontal agreements. Consequences of breach.
  4. The Rule of Reason. Block Exemptions. Criteria for exemption. Examples of individual exemption. The block exemption system. The Block exemption regulations on horizontal agreements. Selective and exclusive distribution agreements and franchising agreements. Reform of the treatment of vertical restraints. The 2010 umbrella block exemption for vertical agreements. The Commission’s Guidelines on vertical and horizontal agreements.
  5. Abuse of a Dominant Position (Article 102 TFEU). Concepts of relevant market, dominance, abuse. Joint dominance.
  6. Mergers. The EU Merger Regulation.
  7. Competition Law Procedure. The new enforcement regulation (Regulation 1/2003)
  8. Enforcement of EU Competition Law at National Level. Direct effect of EC competition law. Private enforcement before national courts. Available remedies. Preliminary references. Role of the national competition authorities.
  9. Public Undertakings and the application of 106 TFEU.