The application of Competition Law ensures fair and effective competition in the marketplace. Competition Law sets the ground rules for relationships between undertakings (companies) in the market. In this module, the student will gain an understanding of the law and economic rationale underpinning the legal regulation of competition, from both an EU and an Irish perspective. The module will examine two key ‘pillars’ of EU Competition Law, namely, Article 101 TFEU and Article 102 TFEU. Article 101 prohibits anti-competitive agreements between undertakings (cartels) while Article 102 prohibits the abuse of a dominant position by an undertaking. The important interface between Competition Law and Intellectual Property Law will also be examined. e workings of EU Competition Law and how it has influenced, to a considerable degree, our domestic Competition Law regime. Students should acquire the skills to avoid potential Competition Law pitfalls in business dealings
Horizontal restraints of trade
• Review of major issues pertaining to EU laws prohibiting horizontal agreements between competitors, including definition of an undertaking, agreements, decisions, concerted practices, the object of preventing, distorting or restricting competition, the effect on trade between member states, exemptions under Art. 101 (3)• Corresponding Irish law regarding horizontal agreements between competitors
Vertical restraints of trade
• Review of major issues pertaining to EU laws regulating vertical agreements between competitors, including exclusive distribution agreements, block exemptions.• Review of corresponding Irish law on vertical restraints.
Abuse of a Dominant Position
• Review of major issues pertaining to EU law prohibiting abuse of a dominant position• Review of corresponding Irish law on abuse of a dominant position
Enforcement of Competition laws by EU and Irish officials
n/a
Merger Regulation under EU and Irish law
n/a
Interactive lectures and self directed learning
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 70 |
| Other Assessment(s) | 30 |