Newcastle University

Pre Requisite Comment

N/A

Co Requisite Comment

N/A

Aims

Module aims:

To acquire knowledge and develop understanding of the different types of commercial behaviour that are subject to competition law scrutiny by EU and UK authorities.

To acquire knowledge and develop understanding of the relationship between EU and UK/Member State competition law and enforcement bodies.

To evaluate the effectiveness of EU and UK competition law in achieving the stated objectives.

Companies increasingly operate in global markets with little regard for the boundaries of the nation state, and yet commercial behaviour in one part of the world can cause ripple effects in many jurisdictions due to economic integration. This module considers how EU and UK competition law attempts to deal with anti-competitive behaviour both within and beyond their jurisdictional borders, from both a civil law and (increasingly) criminal law perspective.

Essentially the module will focus on the legal scrutiny of two broad categories of behaviour: monopolistic behaviour and anti-competitive agreements. The module will also introduce the legal regimes for the control of mergers (UK) and state aids (within the European Union).

An awareness of competition law and its impact upon business not only equips students with legal skills useful for those wishing to enter into legal practice, but also provides students with a greater commercial awareness that will be useful for all, irrespective of their chosen career path.

Outline Of Syllabus

•       Introduction to UK & EU competition policy and law
•       Competition law enforcement framework and jurisdiction
•       Cartels and anti-competitive agreements
•       Control of monopoly power
•       Merger control
•       State aid

Intended Knowledge Outcomes

• The inter-relationship between competition law and the economic environment and the importance of underlying economic concepts to competition policy.

• The legal institutions, procedures and jurisdictional rules under EU and UK competition law.

• The importance of EU competition law to commercial behaviour. In particular, students should become familiar with Articles 101 and 102 TFEU, as well as Regulation 1/2003.

• The importance of UK competition law to commercial behaviour. Students should become familiar with key provisions within the Competition Act 1998 and Enterprise Act 2002 and the significance of these pieces of legislation to competition law enforcement.

• The differing sanctions available under EU and UK competition law.

• The legal framework for the control of State aid.

Intended Skill Outcomes

Subject Specific Skills

• Ability to engage in competition law analysis, with reference to basic economic concepts and analysis, to determine likelihood of legal infringement in given scenarios, and suggest appropriate sanctions with reference to appropriate jurisdiction and legal basis throughout.

• Ability to debate the effectiveness of EU and UK competition law in achieving their stated objectives, with reference to appropriate authority.

• Evaluate the enforcement powers available to competition law authorities and assess whether they are sufficient.

• Ability to write and speak with care and precision in the analysis and synthesis of the law

• Ability to structure legal argument and analysis

Cognitive Skills

• Analysis. Identifying and ordering issues by relevance and importance

• Synthesis of materials from diverse sources

• Critical judgement. Discernment between the merits or otherwise of particular arguments

• Evaluation. Making a reasoned choice between competing solutions or arguments

Teaching Rationale And Relationship

Lectures and online lecture materials aim to deliver a holistic and, where appropriate, interactive presentation of the individual topics, enabling students to inform their knowledge, test their understanding and be directed towards opportunities for further reading. Pre-recorded lecture extracts are supplemented with additional notes and reading materials for each topic area.

Module talks and lectures are reserved for instances where students benefit from the interactive element of large-group synchronous activity (e.g. when in Q&A sessions involving coursework, when engaging with guest lecturers, etc). Where possible, these sessions will be recorded to allow for asynchronous access at a later point.

Seminars and online discussion boards will be interactive and require advanced preparation through guided learning. These small group sessions promote analytical, argumentative and critical skills essential for discourse. They also allow students to explore key elements of a topic in greater detail and to recognise the contentious themes of the module through written and oral debate.

Assessment Rationale And Relationship

The essay is designed to promote critical thought on one-or-more of the broader themes of competition law. It will give students the opportunity to develop and demonstrate their research skills, and their ability to understand the operation of law within the commercial environment, and present coherent arguments supported by appropriate legal basis and precedent.

General Notes

N/A