LW343 Essential Learning Activities PDF

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Introduction to Competition Law...

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LW343 COMPETITION LAW LW343 Competition Law

Essential Learning Activities Week 2 (12 October – 18 October) Introduction to Competition Law The teaching activities connected to the topic of the Introduction to Competition Law are the following: Week

2 (12 October – 18 October) “Introduction to Competition Law”

3 (19 October – 25 October)

Lectures

2 x 25-minute videos:

4 (26 October – 1 November)

5 (2 November – 8 November)

(i) Why do we need competition law? (ii) Mapping the legal framework. & Live online lecture (webinar): “Enforcement & Objectives of Competition Law” Tuesday 17:00-18:00 You must complete your MultipleChoice Quiz before:

If your tutorial takes place in weeks 2,4,6,8,10

Tutorial

If your tutorial takes place in Weeks 2,4,6,8,10

MCQ 1 (complete before your tutorial) The quiz will include questions from Weeks 2 and 3.

If your tutorial takes place in Weeks 3,5,7,9,11

MCQ 1 (complete before your tutorial) The quiz will include questions from Weeks 2 and 3. Introductory Tutorial: This tutorial is only introductory.

If your tutorial takes place in Weeks 3,5,7,9,11

Tutorial 1

Introductory Tutorial: This tutorial is only introductory.

Themes and Purpose Prepared by Dr. Anastasia Karatzia 2020-2021

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Tutorial 1

LW343 COMPETITION LAW Welcome to LW343 Competition Law! This week is an introduction to the topic of competition law and to the main aspects of this field which we will cover in this module. The learning activities connected to this week should help you: 1) Develop an understanding of the concept of competition 2) Appreciate the need for rules regulating competition in the market 3) Map the legal framework governing competition law in the EU and the UK 4) Consider the objectives of competition law 5) Evaluate the relationship between EU and Member States’ competition law 6) Complete Multiple-Choice Quiz 1 (MCQ 1) before your Tutorial 1; What do you have to do this week? Watch two video lectures (“Why do we need competition law?” and “Mapping the legal framework”) Attend the live 50-minute live lecture “Enforcement & Objectives of Competition Law” Read Chapters 1 and 2 from R. Whish & D. Bailey Competition Law (9th edn OUP 2018): Chapter 1 “Competition Policy and Economics”, and Chapter 2: “Overview of EU and UK Competition Law” Read Article 101 of the Treaty on the Functioning of the EU (TFEU) Read Article 102 of the Treaty on the Functioning of the EU (TFEU) Read parts of Regulation 1/2003 (Council Regulation (EC) No 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (2003) OJ 1 Make a note of the key cases mentioned in the two videos, the live webinar, and the book chapters. Prepare for MCQ 1. Your preparation for this week is also relevant for Tutorial 1, which will take place in Week 4 or 5 depending on which tutorial you’re allocated to.

The importance of the material that you have to read Chapter 1 from Whish and Bailey introduces the concept of competition and explains why we need a competition policy regulating the way in which private undertakings behave in the market and between them. It discusses the goals of competition law including the importance of the single market when it comes to EU competition policy. It concludes with a discussion on market definition and market power which will prove useful later in our course. Chapter 2 provides an overview of EU and UK competition law. It explains the main legislation in each jurisdiction, the link between the two, and the institutions responsible for enforcement of competition law. Notably, the Chapter

Prepared by Dr. Anastasia Karatzia 2020-2021

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LW343 COMPETITION LAW explains the meaning of the process of ‘modernisation’, which took place in the EU in the early 2000s and resulted in a number of changes including the adoption of Regulation 1/2003. Articles 101 TFEU and 102 TFEU are the key Treaty provisions on competition law. They regulate anti-competitive agreements, and abuse of dominant procedure, respectively. Their importance cannot be overstated, as they are the basis for the entire EU competition law and, in many cases, for the national competition law of the EU Member States which largely reflects the two provisions. Regulation 1/2003 is also an important set of EU legislation, which regulates the implementation of Article 101 and 102 TFEU. You will come across it in your readings for this week and in subsequent weeks. It is available on the Talis Reading List of the module. Download and save Regulation 1/2003 on your laptop or print it out and have it next to you while reading the book chapters for this week. Whenever the book refers to an Article from the Regulation, go to the document and highlight the relevant Article. In this way, you will be reading the legislation in parallel with the explanation of the relevant provisions from the book chapters. This will help your understanding of the material.

By the end of the week, you should be able to explain the main goals and objectives of competition law and the legal framework of EU and UK competition law.

Essential background information Competition essentially implies a struggle to be the best. In the commercial world competition has been described as a process of rivalry between firms that seek to win customer’s business over time. Effective competition in the market is crucial as it contributes to lower prices, better product quality, and more product and services options for consumers. There are three main pillars in competition policy: (a) the prohibition of anti-competitive agreements, (b) the prohibition of abuse of dominant position, and (c) merger control. All three regulate the market behaviour of private businesses. We will cover all of these in our course. At the EU level, effective competition is an objective of the EU Treaties, similar in value with the fundamental freedoms that exist at the core of the Single Market. In fact, competition law and the protection of the four freedoms can be seen as complementary objectives. On the one hand, the protection of the four freedoms is sought after via regulating the behaviour of the Member State (think here of the Treaty provisions ensuring free movement of goods and free movement of persons). On the other hand, competition law regulates the behaviour of individual companies which seeks to create obstacles to other undertakings aiming to expand beyond their Member State

of establishment, or to harm consumers. As such, the status and importance of competition law in the EU is equivalent to those of the four fundamental freedoms. Prepared by Dr. Anastasia Karatzia 2020-2021

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LW343 COMPETITION LAW EU competition law is a big component of our course for a simple reason: It is the starting point for studying any Member State’s competition law regime. Member States’ competition law regimes are largely based on the EU competition law regime. You’ll see, for example, that the main substantive prohibitions for anti-competitive agreements and abuse of dominant position are very similar under EU law (Articles 101 and 102 TFEU) and UK law (Chapter I and Chapter II of Competition Act 1998). In fact, EU law itself to a great extent defines the relationship between EU competition law and national competition law: Regulation 1/2003 regulates key aspects of enforcement, including the relationship between Article 101, 102 and national competition laws, and the cooperation between the EU Commission and the National Competition Authorities. Regulation 1/2003 resulted from a big project that took place in the early 2000s, namely the modernisation of EU law. The project aimed at increasing the efficiency of competition law and led to the adoption of new EU secondary legislation accompanied by helpful guidelines and instructions issued by the Commission. To understand and study the national competition law of any EU Member State, one must first understand and study EU competition law. As you know, up until January 2020, the UK was an EU Member State. Since the EU and the UK are currently negotiating their future relationship, UK competition law remains as (heavily) influenced by EU competition law as before Brexit.

ASK YOURSELF: What objectives is EU competition law trying to achieve? How may those objectives be different than the objectives of national competition law? What authorities are responsible for the enforcement of competition law at the EU and the UK level? For the answer to this question, look at Chapters 1 and 3 of Whish and Bailey in the required reading, at the Video Lecture “Why do we need competition law?” and in the live webinar “Enforcement & Objectives of Competition Law”.

Essential Learning Tasks Video Lectures, Live Lecture, Required Reading and Tutorial Preparation Prepared by Dr. Anastasia Karatzia 2020-2021

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LW343 COMPETITION LAW On the module Moodle page, you will find the links to this week’s video lectures, the recording of the live lecture, and the required readings. Engage with the learning tasks in the order set out below. Don’t attempt MCQ 1 until you have watched the videos and completed the required readings in the order set out below.

Task 1 WATCH THE VIDEO LECTURE: “Why do we need competition law?” which explains why competition in the market is desirable and why we need rules to ensure it. Time: 25 minutes, but you will need to pause the video to take notes or replay some sections to help you clarify your understanding. Watch the video and consider: 1) Is perfect competition ever achieved? 2) Think back at your knowledge of EU law and the importance of the single market imperative. What is the link between the achievement of the single market, and EU competition law?

Task 2 Read Chapter 1 from Whish and Bailey, titled ‘Competition policy and economics’ up to page 29. The book is available through the module reading list https://rl.talis.com/3/essex/lists/3068B01E-50A0-7A7A-0093-934AB09EB4FB.html Make sure you set aside enough time to read the chapter carefully and make notes. While reading this chapter, consider the following questions: 1) What practices does competition law control and why? 2) What do we mean by ‘efficiencies’ in the context of competition law? Can you describe them in your own words? 3) Is competition applicable / desirable in all economic sectors? 4) What do we mean by ‘consumer welfare’? 5) What is competition law trying to achieve? From p.29 onwards, the chapter focuses on market definition and market power. We will cover these later in our course.

Don’t watch the second video lecture until you have done the above reading.

Prepared by Dr. Anastasia Karatzia 2020-2021

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LW343 COMPETITION LAW

Task 3 WATCH THE VIDEO LECTURE: “Mapping the legal framework” which provides an overview of the legal framework governing competition law both from a substantive and an institutional perspective at the EU and the national (UK) level. Time: 25 minutes, but you will need to pause the video to take notes or replay some sections to help you clarify your understanding. Watch the video and consider: 1) What are the main substantive provisions regulating competition at the EU level and at the UK level? 2) Which institutions are involved in the enforcement of EU and UK competition law? 2) How does EU law – and specifically Regulation 1/2003 – define and delineate the relationship between EU and national competition regimes? 3) What were the main changes brought by the modernisation of EU competition law? Collect any questions you may have from completing Tasks 2 and 3 and ask them during our live lecture on Tuesday (see below: Task 4). The lecturer will take the time to reply during the live lecture.

Task 4 Attend the live 50-minute live lecture “Enforcement & objectives of competition law” This lecture will take place as a webinar on Tuesday, 13 October, 17:00-18:00. Consider the following questions while attending the lecture: 1) What do we mean by ‘objectives of competition law’? Are these clearly stated somewhere? 2) Is it important to set out precise objectives of competition law? Why? 3) Besides Regulation 1/2003, what other sources of law govern the relationship between the systems of EU competition law and national competition law?

Task 5 Read Chapter 2 from Whish and Bailey and complete your notes from the previous tasks and from the live lecture. The book is available through the module reading list https://rl.talis.com/3/essex/lists/3068B01E-50A0-7A7A-0093-934AB09EB4FB.html Chapter 2 elaborates on a number of issues that were discussed in the second video lecture and the live lecture. Use the structure of the discussion in the lectures and the questions set out in the tasks above to guide your reading of Chapter 2.

Prepared by Dr. Anastasia Karatzia 2020-2021

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LW343 COMPETITION LAW Task 6: Complete the MCQ 1 after you have done the required reading for this and the next week (Weeks 2 and 3) Completing the above tasks will help you complete Multiple-Choice Quiz 1 (MCQ 1).

Further Reading and Optional Activities If you would like to engage in further reading on the topic, have a look at the resources below:  Jones & Sufrin, Chapter 1 “Introduction to EU Competition Law” esp. pp. 26-51, 54-86; and Chapter 2 “The Competition Law and Institutions of the European Union” (this is highly recommended to refresh your memory of EU law, should you feel it’s necessary)  Have a look at the EU Commission DG Competition website: http://ec.europa.eu/competition/antitrust/overview_en.html and the CMA website: https://www.gov.uk/government/organisations/competition-and-markets-authority  Chillin’ Competition, “What’s with this obsession with the objectives of EU competition law?” accessible at: https://chillingcompetition.com/2015/09/17/whats-with-thisobsession-with-the-objectives-of-eu-competition-law/  Ezrachi, Ariel, EU Competition Law Goals and the Digital Economy (June 6, 2018). Oxford Legal Studies Research Paper No. 17/2018, Available at SSRN: https://ssrn.com/abstract=3191766

Prepared by Dr. Anastasia Karatzia 2020-2021

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