EU Economic Law (Internal Market and Competition) (B-KUL-C06B7C)
Aims
Caution!
There is a quota for this course. Consult the specific terms and conditions for registration on this faculty web page.
This course offers an overview of the main areas of EU economic law: EU internal market law and EU competition law. It deals with principles, legislation and case law, and policy questions. Participants also learn to work with the relevant legal sources: the EU Treaties, the secondary law, the case law of the General Court (the GC) and the Court of Justice of the EU (the ECJ), and the decisional practice of the European Commission.
Competition law
Ever increasing cartel fines, sometimes accompanied by criminal sanctions, and the perspective of multi-billion euro private damages actions have made companies and individuals much more aware of competition law and the risks of ignoring it. In fact, competition law determines our lives much more than we realize. It has a direct impact on, among others, the availability, pricing and distribution of consumables, and on the degree of liberalization of economic sectors. More importantly, it helps establishing the economic identity of a society. The 'workable competition' approach and the weight attached to services of general interest certainly help determine the economic identity of the European Union (the EU). From an EU lawyer's point of view, European competition law moreover functions as a 'laboratory' for other areas of European law: important new developments in EU law, especially regarding judicial protection, are often first 'tested' in the competition law field.
This course focuses on cartels, abuse of dominance, and merger control, as well as their enforcement in an ever more digitalised world.
Internal market law
Whereas competition law traditionally applies to companies, internal market law scrutinizes the economic behaviour of Member States. In order to realize a true internal market, the EU Treaties guarantee four ‘fundamental freedoms’ or ‘economic freedoms’, each ensuring that cross-border movement within the EU is not unduly restricted. In this course, the main focus is on the free movement of goods, as well as the free provision of services and the freedom of establishment. Whereas these principles have proven to be the foundation of a single market, new challenges constantly appear, including servitization of the (platform) economy, the threat of economic nationalism and the horizontalisation of economic freedoms.
Can European cities regulate the negative consequences of the growing sharing economy? Are Member States allowed to discriminate, in order to preserve the environment? These and other real life questions will be studied in this course, highlighting why internal market law is rapidly expanding into new areas of EU and national law.
Previous knowledge
A basic knowledge of the substantive and institutional EU law is a prerequisite to follow the course.
Is included in these courses of study
- Master of Law (double degree with Zurich) (Leuven et al) 120 ects.
- Master of Laws (LL.M) (Leuven) 60 ects.
- Master of Laws (LL.M) (Leuven) (International and European Business Law Option) 60 ects.
- Courses for Exchange Students Faculty of Law and Criminology (Leuven)
Activities
3 ects. EU Economic Law (Internal Market and Competition) (B-KUL-C06B7a)
Content
Six units cover the different substantive and procedural domains : introduction to European competition law (unit 1), cartel cases (unit 2), abuse of dominant position and combined application of Protocol No 27 annexed to the Treaty on the functioning of the EU (the TFEU), Article 4(3) TEU and Articles 101-102 TFEU (unit 3), concentration control (unit 4), state aid (unit 5), and public undertakings and services of general interest (unit 6).
Theory and practice are held to be equally important. From a theoretic perspective, the course aims to structure what might otherwise appear a chaotic multitude of regulations and cases. From a practical viewpoint, the course is built upon the study of real-life or hypothetical cases, inspired by international practice.
Course material
Mandatory reading
1. Coursebook. (i.e. a reader)
2. You have to be able to use the accompanying Sourcebook: W. DEVROE, P. NIHOUL, A.-M. VAN DEN BOSSCHE, C. VERDURE, Sourcebook on EU Competition Law, Larcier, 2012.
It may from time to time be necessary to consult other provisions, available on internet.
Further reading
No further reading is required. If you want further reading, please consult the Sourcebook or you may read the relevant chapters in P. CRAIG and G. DE BÚRCA, EU Law. Text, Cases and Materials, Oxford University Press.
The Sourcebook includes an extensive and fully up-to-date overview of other relevant books, articles, case law overviews and (law) reviews since 2000. Many of the books listed are available in the library. Apart from this, official information sources, (law) reviews and the Internet all provide much useful information.
Format: more information
Lectures. Typical of the area of competition law is the enormous amount of information that has to be "digested". Dozens of regulations, decisions, guidelines, communications, judgments, ... threaten to baffle those interested in this area of European law (see also the Sourcebook). In order to provide a framework for further study, one lecture a week is given.
Case studies and discussion themes. Participants are expected to prepare class sessions carefully by reading the case studies and discussion themes and addressing the issues raised by them on the basis of the legal provisions, judgments, decisions and/or literature referred to. It is to be noted that not all cases studied are hypothetical : regularly, students will be asked for an in-depth analysis of "real" judgments, or to reconstruct an entire case. The importance of a thorough analysis of the case studies cannot be overstated.
Self-tests. Units typically end with a self-test. Students should take these tests after having read the literature, legal provisions and/or case law indicated. They serve to verify their ready knowledge, to deepen insights or to clarify the practical application of the rules in question. Although the self-tests cannot be dealt with systematically in class, some of the questions might be raised to verify or deepen the knowledge of participants. Generally, the self-tests are most of all intended for purposes of self-study. They should be seen, though, as an integral part of the course.
You find in the Coursebook two assignments. They have to be handed in electronically and will be graded. Modalities will be set out during the lectures and on eleum.
Evaluation
Evaluation: EU Economic Law (Internal Market and Competition) (B-KUL-C26B7c)
Explanation
Oral exam with written preparation. The exam is closed book but the unannotated readers ‘Part 1: Legislation’ and ‘Part 2: Cases and materials’ can be used during the exam.