MPP_SOPR Competition Law

Faculty of Economics and Administration
Autumn 2018
Extent and Intensity
1/2/0. 4 credit(s). Type of Completion: zk (examination).
Teacher(s)
doc. JUDr. Michal Petr, Ph.D. (lecturer)
doc. JUDr. Michal Petr, Ph.D. (seminar tutor)
Guaranteed by
doc. JUDr. Michal Petr, Ph.D.
Department of Law – Faculty of Economics and Administration
Contact Person: Lenka Hráčková
Supplier department: Department of Law – Faculty of Economics and Administration
Timetable
each even Thursday 16:00–17:50 P102
  • Timetable of Seminar Groups:
MPP_SOPR/01: each even Thursday 18:00–19:50 P102, M. Petr
Prerequisites
Předmět předpokládá základní znalosti a dovednosti z oblasti teorie práva.
Uvedené dovednosti lze získat absolvováním předmětu Základy práva.
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
The subject aims at providing students with a deeper insight into the complex questions of economic competition protection. The introductory part focuses on the definition of basic competition-law terms and the relation of competition law to other branches of law. It also explains the relation between competition law on the communitary level and law of the individual EU member states. Furthermore, students will be introduced in detail to the three basic competition law institutions, i.e., banned agreements, dominating position misuse and company merger check. The final part is devoted to the questions of the communitary competition law application on both the communitary and national levels. All these topics will be covered with special respect to the practice of the Antitrust Office.

At the end of this course students will be able to:
- understand basic mechanisms of regulation of competition;
- work with relevant sources of EC law and judicature;
- assess particular conduct of undertakings from the perspective of competition law and propose solutions in order to remedy competition problems and reach compliance;
- react to legal acts of the Commission or the Antitrust Office.
Learning outcomes
The students will acquire the ability to assess certain conduct with respect to competition law, to propose solutions in order to achieve compliance and to react to actions of the European Commission and the Czech Competition Authority. At the end of this course, the students will thus be able to: - understand basic mechanisms of regulation of competition; - work with relevant sources of EU law and jurisprudence; - assess particular conduct of undertakings from the perspective of competition law and propose solutions in order to remedy competition problems and reach compliance; - react to legal acts of the Commission or the Competition Authority.
Syllabus
  • 1.Competition law in general – object and purpose of competition law, distinction between national and communitary competition law, competition law and public and private interests protection, basic terms (competitor, relevant market, agreements and their forms, dominating position, checkup), competition law and other branches of law (unfair competition, price law, economic dependence, public support)
  • 2.Banned agreements – horizontal agreements, vertical, mixed (examples), exemptions from ban on agreements (de minimis rule, block exceptions, ex lege exceptions)
  • 3.Dominating position (market power analysis, forms of misuse – examples)
  • 4.Competition law application in the field of the Antitrust Office competence and the Commission competence (investigative competence, power to take decisions, sanctions and measures for correction, judicial review, ECN)
  • 5.Company merger – concept of merger, communitary dimension merger, allocation of cases, ban on realising mergers, merger reviewing (dominance test, SLC test, efficiencies, obligations, conditions and limitations, ancillary restraints), proceedings in the matter of company merger (proceedings by the Antitrust Office, proceedings by the Commission, judicial review)
  • 6.Competition law application by courts, private enforcement.
Literature
    required literature
  • MUNKOVÁ, J., KINDL, J., SVOBODA, P. Soutěžní právo. Praha: C. H. Beck, 2012
  • ŠIŠKOVÁ, N. a kol. Evropské právo 2. Jednotný vnitřní trh. Praha: Wolters Kluwer, 2012. Kapitola VII
    recommended literature
  • CRAIG, P., DE BURCA, G. EU Law: text, cases and materials. 6th ed. Oxford: Oxford University Press, 2015. Kapitoly 26, 27 & 28.
  • ANDREANGELI, A. EU Competition Enforcement and Human Rights. Cheltenham: Edward Elgar Publishing, 2008
  • ROSE, V., BAILEY, V. European Union Law of Competition. 7th ed. Oxford: Oxford University Press, 2013
  • PETR, M., DOSTAL, O., KREISELOVÁ , I., VAVŘÍČEK, V. Zakázané dohody a zneužívání dominantního postavení v ČR. Praha : C.H.Beck, 2010
  • BEJČEK, J., NERUDA, R., PETR, M., RAUS, D. Competition Law in the Czech Republic. Alphen aan den Rijn: Kluwer Law International, 2015
  • FAUL, J., NIKPAY, A. The EU Law of Competition 2nd ed. Oxford: Oxford University Press, 2014
  • WISH, R., BAILEY, A. Competition Law. 7th ed. Oxford: Oxford University Press, 2012
Teaching methods
Lectures, practical examples, discussion of solved cases, argumentation.
Assessment methods
The course finishes with a written exam. Students allowed to take the exam after passing a mid-term test.
"Any copying, recording or leaking tests, use of unauthorized tools, aids and communication devices, or other disruptions of objectivity of exams (credit tests) will be considered non-compliance with the conditions for course completion as well as a severe violation of the study rules. Consequently, the teacher will finish the exam (credit test) by awarding grade "F" in the Information System, and the Dean will initiate disciplinary proceedings that may result in study termination."
Language of instruction
Czech
Further comments (probably available only in Czech)
The course is taught annually.
General note: xx.
The course is also listed under the following terms Autumn 2009, Autumn 2010, Autumn 2011, Autumn 2012, Autumn 2013, Autumn 2014, Autumn 2015, Autumn 2016, Autumn 2017, Autumn 2019, Autumn 2020, Autumn 2021, Autumn 2022, Autumn 2023, Autumn 2024.
  • Enrolment Statistics (Autumn 2018, recent)
  • Permalink: https://is.muni.cz/course/econ/autumn2018/MPP_SOPR