European Competition Law

6 ECTS credits
180 h study time

Offer 1 with catalog number 4017494FER for all students in the 2nd semester at a (F) Master - specialised level.

Semester

2nd semester

Enrollment based on exam contract

Possible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Enrollment Requirements

De student is ingeschreven in een traject waar het opleidingsonderdeel voorkomt.

Taught in

Dutch

Partnership Agreement

Under interuniversity agreement for degree program

Faculty

Faculty of Law and Criminology

Department

International and European Law

Educational team

Tony Joris (course titular)
Filip Tuytschaever

Activities and contact hours

39 contact hours Lecture
120 contact hours Independent or External Form of Study

Course Content

This course has, with its interactive lectures, two parts:

I. European competition law for companies (F. Tuytschaever)

This part has the following objectives:

1. To familiarize the students with the scope of Articles 101-102 TFEU, both at the European level and in Belgium. This includes an overview of recent decisions of the European Commission and judgments of the Court of Justice of the EU, as well as an overview of the applicable legal rules depending on the market share of the parties involved (de minimis agreements, agreements benefiting from a block exemption or an individual exemption, dominant position) and whether or not they are competitors.

2. To provide the students with insight into the European Union's (EU) policy on horizontal agreements (agreements between competitors). This includes both prohibited horizontal agreements (cartels) and horizontal cooperation agreements, which are governed by the horizontal block exemptions (for R&D and specialisation) and the Guidelines on Horizontal Cooperation Agreements. Concrete case studies are used. For cartels, students are familiarised with the functioning of the leniency regime (immunity and reduction of fines).

3. To provide the students with insight into the EU policy on vertical agreements, which are governed by the Vertical Block Exemption and the Guidelines on Vertical Restraints. The different forms of distribution (vertical integration, selective distribution, open and exclusive distribution, franchising, agency), their similarities and differences, are discussed. Concrete case studies will be used. Special attention will be given to the competition law analysis of internet sales (e-commerce).

4. To provide the students with insight into the EU's policy on the abuse of a dominant position, distinguishing between exclusionary and exploitative abuses.

5. To provide students with an understanding of the European institutional/procedural dimension of competition law, including the powers of the European Commission in the context of competition law (including conducting unannounced inspections), the functioning of the ECN ('European Competition Network'), the cooperation between the European Commission and national courts, and the role of the Court of Justice of the EU and national courts.

6. To provide the students with insight into the interaction between European and national (Belgian) competition law for companies, including the application by the Belgian Competition Authority of European competition law and the applicability of European block exemptions in Belgium.

7. To provide students with an understanding of the public enforcement (fines) and private enforcement of competition law for companies (actions for damages), the relationship between the two and the possibility for the Belgian Competition Authority to impose fines on natural persons for breaches of competition law.

8. Guest lectures: the lecturer may invite guest speakers, based on their special knowledge or current events.

9. Material: the lecture material consists of the EU basic texts on competition law for companies and the book F. Wijckmans, F. Tuytschaever, H. Burez and E. Wijckmans, Bos Door De Bomen Mededingingsrecht, contrast books & seminars BV, 2022, XXII - 377p. (ISBN 978-94-640-7865-7)

II. European competition law on State aid (T. Joris)

1. In an introduction, the following preliminary questions will be answered: why an EU State aid policy?; what role does this policy play in the internal market?; what actors play a role in the State aid policy of the EU?; ...

2. Substantive aspects of the EU State aid policy: article 107 TFEU (State aid prohibition and exemptions). The following questions will be answered: what is State aid in the meaning of article 107(1) TFEU?; which State aid will or can be exempted from the State aid prohibition (article 107(2) and (3) TFEU)?; ...

3. Procedural aspects of the EU State aid policy: article 108 TFEU; procedural Regulation 2015/1589 (implemented by Regulation 794/2004); enabling Regulation 2015/1588 (implemented by general block exemption regulations and de minimis regulations); and communications of the European Commission. The procedural rules will be illustrated with decisions of the European Commission, judgments of the European General Court and/or the European Court of Justice, and/or national court decisions.

4. Within the framework of the European Economic Area, the unique EU State aid law was "exported" to Iceland, Liechtenstein and Norway. Also agreements between the EU and some third States contain State aid provisions. Brief attention will be given to this "internationalisation" of EU State aid law.

5. Guest lectures: possibly, guest speakers will lecture on current issues of EU competition law on State aid. In the academic year 2020/2021, the guest lectures focused on "The private enforcement of EU State aid law" and "Article 107(3)(b) TFEU and the Temporary Frameworks of the European Commission in response to the COVID-19 pandemic and to the Russian aggression in Ukraine”.

6. Materials: the materials consist of a reader (that may be used during the exam), and decisions of the European Commission and judgments of the European General Court and/or the European Court of Justice.

Course material

Digital course material (Required) : Reader "Europees mededingingsrecht inzake staatssteun", Joris, T. (ed.)
Digital course material (Required) : Slides "Europees mededingingsrecht voor ondernemingen", Tuytschaever, F.
Handbook (Required) : Mededingingsrecht, Contrast books & seminars BV, XXII – 377p., Wijckmans, F., Tuytschaever, F., Burez, H. and Wijckmans, E., XXII – 377p., Bos door de Bomen, 9789464078657, 2022

Additional info

Knowledge already acquired: objectives and working of the EU. See, for example, K. Lenaerts en P. Van Nuffel, Europees Recht, Antwerpen/Cambridge, Intersentia, 2017. Use is made of sources in Dutch, unless they are only available in English or French.

The students also gather knowledge through self study.

During the first lectures (parts I and II), the students are informed about the content and the learning outcomes of the course, and about the study materials and the exam.

Recording (audio-visual) of the lectures is not allowed.

For "evening students": at least two separate contact moments.

Learning Outcomes

General competencies

Part I: European competition law for companies

The overall objective of this part of the course is to provide the students with a reference framework and methodology to understand and apply European competition law for companies.

This general objective encompasses the following more specific competences:

answering knowledge questions related to substantive, institutional and/or procedural European competition law for companies;
analysing and solving practical cases concerning the legality of horizontal and/or vertical agreements concluded between companies and concerning the abuse of a dominant position; and
the ability to consult, understand and apply basic texts provided by the lecturer.

Part II: European competition law on State aid

The overall objective of this part of the course is to introduce the students to the basic and some specific principles of the EU State aid policy.

This overall objective encompasses the following more specific competences:

answering knowledge questions, pertaining to the substantive, institutional and/or procedural European competition law on State aid;
analysing and solving case studies; and
being able to consult and use basic texts which are made available during the course.

Grading

The final grade is composed based on the following categories:
Written Exam determines 100% of the final mark.

Within the Written Exam category, the following assignments need to be completed:

Written Exam with a relative weight of 1 which comprises 100% of the final mark.

Additional info regarding evaluation

Written exam. Open (and possibly closed) questions and case studies.

During the examination, students may use the EU basic texts (part I) and the reader (part II) that are made available to them. These documents may not be written in (no own written texts/notes).

Examples of exam questions (parts I and II):

what are block exemption regulations? Are the EU block exemption regulations applicable in Belgium and, if so, when?
where to find the "European convergence" rule? Explain this rule
a supplier wants to commit himself for a period of 10 years to exclusively supplying a single customer in some EU Member States. Is that legal or not under article 101 or article 102 TFEU? Motivate your answer
what demonstrates that the European Commission still plays a central role in ensuring the uniform application of articles 101 and 102 TFEU under the regime of Regulation 1/2003. Motivate your answer on the basis of the EU basic texts
two competitors want to distribute each other's products and give each other a suggested retail price to do so. Is that legal or not under article 101 or article 102 TFEU? Motivate your answer
why does the TFEU contain rules on State aid?
explain the prohibition of State aid ex article 107(1) TFEU
what are existing State aid schemes?
explain "regional and material selectivity"
explain the EU-procedure for unlawful State aid and the issue of recovery
what are the powers of national courts in case of unlawful State aid?
what mechanisms can be activated, and what are their possible outcome, if a company believes that a competitor has received unlawful State aid?

The students may, at their request (filip.tuytschaever@vub.be (part I) - tony.joris@vub.be (part II)), inspect the copy of their exam paper within five calendar days after the announcement of the exam results. Within the same period, they may also ask for a clarification of their exam result (see also the 'Teaching and examination regulations').

Allowed unsatisfactory mark

The supplementary Teaching and Examination Regulations of your faculty stipulate whether an allowed unsatisfactory mark for this programme unit is permitted.

Academic context