LL4D8 EC Competition Law and the State
This information is for the 2009/10 session.
Teacher responsible
Mr Giorgi Monti, NAB 7.18
Availability
For LLM, MSc Regulation and MSc Regulation (Research) students and other Master's students with permission.
Pre-requisites
Students should be familiar with EU Law, and have some knowledge of competition law. Students without knowledge of competition law must take LL430 (Competition Law).
Course content
The course is a study of how EC competition law and regulation apply to the interventions of Member States in competitive, and newly liberalised markets. It covers the following areas: (1) the liberalisation of economic sectors: the State Action Doctrine in EC and US Law; the contribution of the European Courts to liberalisation; the EC Liberalisation Directives (in Electronic Communications, Energy, Postal Services) and sector regulation; the provision of services of general interest; (2) EC Law of public procurement; (3) State Aid: definition; procedure; enforcement by Commission and by private litigation; State Aids and Services of General Economic Interest; State Aid and EC Industrial Policy. (4) the impact of EC competition law on national competition laws (with an emphasis on the UK).
Teaching
Twenty 2 hour seminars plus two revision sessions.
Formative coursework
One essay per term (word limit 1500 words), a mock examination in the ST and class presentations/web contributions.
Indicative reading
No textbook covers all of these topics. For introductory reading see: Szyszczak The Regulation of the State in Competitive Markets in the EU (2007); Arnull et al, Wyatt and Dashwood's European Union Law, 5th edn, chs 26 and 27 (2006); Geradin (Ed), The Liberalisation of State Monopolies in the European Union and Beyond (2000); Chalmers, Hadjemanuil, Monti and Tomkins EU Law: Text and Materials (2006) ch.25; Monti EC Competition Law (2007) ch.12; Bacon, European Community Law of State Aid (2009); Biondi et al, The Law of State Aids in the European Union (2003). Specific reading lists will be available for each seminar topic.
Assessment
A three hour examination in the ST. ^
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