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Presentation
Presentation
The aim of this course is to deepen the study of competition law. This is an essential area considering that companies operate in a free market.
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Class from course
Class from course
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Degree | Semesters | ECTS
Degree | Semesters | ECTS
Master Degree | Semestral | 7
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Year | Nature | Language
Year | Nature | Language
1 | Mandatory | Português
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Code
Code
ULHT6659-16242
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Prerequisites and corequisites
Prerequisites and corequisites
Not applicable
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Professional Internship
Professional Internship
Não
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Syllabus
Syllabus
1.Introduction. 2.Political and economic fundamentals of Competition Law.3. Competition Law in Portugal. 4. TheCompetition Law.5. Fundamental concepts: company and service of general economic interest (sieg). 6. TheCompetition Authority (AdC).7. Restrictive practices. 7.1 Justification of agreements, concerted practices anddecisions of associations; notion of dominant position and abuse of economic dependence.7.2 Sanctions process.7.3The AdC powers. 7.4 Precautionary measures.8. Merger Control.9. AdC powers regarding studies, inspections andaudits.10. Public aids.11. Regulatory procedure.12. Infractions and penalties.13. Competition Law in the EU.14.Antitrust rules in the TFEU.15. Rules applicable to enterprises: Articles 101 and 102 of TFEU.16. Rules applicable toState Aids.
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Objectives
Objectives
The aim of the curricular unit is to provide a comprehensive understanding of the main issues on competition law,namely the application of competition law provisions against collusive restrictive practices, unilateral practices ofdominant firms and merger control. The analysis of the law and its economic and policy context, court decisions andlegal literature aim to provide a detailed understanding of these subjects in order to fully prepare the students for theirprofessional activity in this field. The curricular unit also intends to improve legal and research skills: oral and writtencommunication, advocate a position or a cause, analytical and logical reasoning, master legal terminology, techniquesof investigation and proper legal citation.
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Teaching methodologies and assessment
Teaching methodologies and assessment
The classes use different methods in order to enable students to understand the subjects of the syllabus, as well asdevelop legal and research skills: lecture in the first class (to provide a context); active learning methods such asparticipation in class through analysis of the court decisions and administrative praxis, discussions, solving caseproblems and case presentation, with materials previously sent to students, written work and oral presentation. Theanalysis of the subjects of the syllabus is complemented by additional researches undertaken by students anddiscussed in class.
The evaluation can be through a written work (report) or a final written exam.
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References
References
Marques, N. Castro (2019), Contributo para a Autonomia do Direito Nacional da Concorrência – em especial no querespeita à criminalização dos cartéis, Universidade Católica Editora.(2017)A different path to the same old question:why should cartels be criminalised? Market and Competition Law Review, Volume I, n.º 2, October 2017, pp. 141-176.(2015)Concorrência, consumidor … e cidadania”, in Cidadania Europeia – Desafios e oportunidades, coordenação deSofia Oliveira Pais, Universidade Católica Editora, pp. 395-414.(2014)Cartel: Quando uma conversa é uma conspiraçãocontra o público”, em co-autoria, in Infracções Económicas e Financeiras, Estudos de Criminologia e Direito, CoimbraEditora, pp. 655-675
Silva, M. Moura e (2010). O Abuso de Posição Dominante na Nova Economia.Almedina.
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Office Hours
Office Hours
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Mobility
Mobility
No
