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EU Competition Law

Course Level

intermediate - advanced / 3rd - 4th year

Course Language

English

Course Classification

This is a Themis course. It is also open to non-Themis students.

Contact Hours

2 hrs per week

ECTS-credits

5 (if course has been attended regularly and exam has been passed)

Teaching Mode

live online course in the summer term 2022 with two weeks of classroom teaching in July

Students are expected to attend and actively participate in each class session, arrive on time, stay for the entire session, and actively contribute to class discussion.

Frequency

This course will be taught for the first time in the summer term 2022.

Time Schedule and Course Venue

An up-to-date electronic course catalogue will be available for the winter semester from late August to late February and for the summer semester from late February to mid August on the website http://www.fu-berlin.de/vv. Please select "Fachbereiche" - "Rechtswissenschaft" - "Fremdsprachiges rechtswissenschaftliches Lehrangebot" in order to find out course hours and rooms.

Course Content

Within the scope of this course, basic concepts of EU competition law will be examined along with the recent decisions by the EU Commission.

  • Historical Development of EU Competition Law
  • Importance of Competition Law
  • The Comparison between EU and US Competition Laws
  • Introduction to Basic Concepts to Competition Law
  • Legal Framework for Competition Law: Public and Private Enforcement
  • Agreements between undertakings, decisions by associations of undertakings and concerted practices (Article 101 TFEU)
  • Horizontal Agreements
  • Vertical Agreements
  • Exemptions (Article 101(3) TFEU)
  • Abuse of Dominant Position 1 (Article 102 TFEU): Exclusionary practices: product design, interoperability, tying, bundling
  • Abuse of Dominant Position 2 (Article 102 TFEU): use and abuse of regulatory procedures, excessive royalties, exploitative abuses
  • Microsoft and Google Decisions of EU Commission
  • Sector-Based Assessments in Competition Law
  • Mergers in Competition Law
  • Sanctions of Competition Infringement
  • Compensation Claims in the Competition Law

Learning Objectives

The aim of the course is to teach students how to evaluate current debates on EU competition law within the framework of EU Law.

It is expected from participants to conceptualise main concepts of EU competition law and consequently, to be furnished with the ability of holding fundamental discussions in this manner.

Suggested Readings

Viktoria Robertson, ‘Competition Law’s Innovation Factor’ (Hart, 2020)
Maurice Stucke, Ariel Ezrachi, ‘Competition Overdose: How Free Market Mythology Transformed Us from Citizen Kings to Market Servants’ (HarperCollins, 2020)
Alison Jones and Brenda Sufrin, EU Competition Law Text, Cases and Materials (Oxford University Press)
Geoffrey Manne and Joshua Wright, Competition Policy and Patent Law under Uncertainty: Regulating Innovation (Cambridge)
Richard Whish and David Bailey, Competition Law (Oxford University Press)
Fatih Buğra Erdem, The Suppression of Innovation: Testing the Open Nature of Article 102 (Onikilevha)

Restricted Enrollment

yes (that means that the number of participants is limited and that you might not get a place in this course)

Course Registration

via Campus Management

Please sign up for this course under the module "Study Program for Exchange Students - Module 21".

registration period: 1 - 14 April 2022, 12 p.m. (noon)

In order to know if you have obtained a place in this course, please check out your course plan on Campus Management (tab "Stundenplan") from 15 April 2022.

As long as there are still seats available after the registration period has expired, they will be allocated according to the principle "first come, first served" if you sign up by 6 May 2022.

De-Registration from this Course

via Campus Management

regular drop period: 1 April - 6 May 2022

After the regular drop period you can only drop this course with a valid cause until 14 days prior to the exam. Please contact the International Office at the Law Department if you have to use this option.

Type of Exam

written exam

Exam Period

The exam will take place during the last class session in the last week of the lecture period. Academic Calendar

Registration for the Exam

Students will automatically be registered for the exam when they sign up for this course.

De-Registration from the Exam

Students who drop this course via Campus Management are automatically de-registered from the exam. Students who do not drop this course via Campus Management and do not take the exam, are going to finish this course with a non-passing grade (0 points).

Grade Release

via Campus Management