Karta przedmiotu



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Data04.05.2016
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UNIWERSYTET WARSZAWSKI

WYDZIAŁ ZARZĄDZANIA


KARTA PRZEDMIOTU


Kod przedmiotu w USOS (course cod of USOS)


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Kod przedmiotu SOCRATES

(course cod of SOCRATES)



10700

Nazwa przedmiotu (cours title)


LECTURE: From European Law to European Competition Law - Introduction to the Law of the Internal Market of the EU

Typ przedmiotu (type of course)


Elective

Poziom przedmiotu (level of course)


Introductory

Rok studiów, semestr (year of study, semester)



ECTS (number of credits)


2

Metody nauczania (teaching methods)


Lecture

Język wykładowy przedmiotu (language of instruction)


English

Imię i nazwisko wykładowcy (name of lecturer)


EWELINA D. SAGE

Wymagania wstępne (prerequisites)


None

Cele przedmiotu (objectives of the course, preferably expressed in terms of learning outcomes and competences)


Introduce students to:

  • The basic structure and functions of the EU

  • principles of the Law of the Internal Market

  • the applicability of EU law by companies with respect to their national origin, ownership structure, type and place of operation

  • the types of market practices regulated by EU law

  • the type and extent of the impact exercised by public EU law enforcement on companies acting on the Internal market

Skrócony opis przedmiotu (brief course description)


  • Basic structure and principles of the EU

  • EU law instruments, principles & sources

  • Application of EU law vs. laws of EU Member States

  • EU law enforcement by public authorities

  • EU law of the Internal Market

  • Principles underpinning free movement

  • Prohibition of State Aid in the EU

  • Special treatment of Services of General Economic Interest (ie public services)

  • Purpose and scope of EU competition law enforcement

  • Practices covered by EU Competition law: Restrictive practices, mergers & acquisitions

Pełny opis przedmiotu (full course description)


The course introduces students to the role of the EU and the functions of its individual institutions. Covered are fundamental principles governing the functioning of the EU such as subsydiarity, proportionality and non-discrimination on the grounds of nationality. Presented are also the principles of EU law overall with relation to the national legal systems of EU Member States (direct effect and the primacy/supremacy of EU law). These are followed by an outline of the special characteristics of different EU law instruments (EU Treaties, Regulations, Directives, Decisions) including their specific addresses and manner of their public enforcement. Assessed next is the scope, purpose and impact of the Law of the Internal market. The four basic freedoms of the Internal market are considered first. They are followed by the role of the basic prohibition of State Aid distorting competition in the Internal Market and the recent evolution of its application in light of the financial crisis. Special ‘protection’ given to Services of General Economic Interest (ie public services such as health and education) is discussed next. The purpose, scope and applicability of EU Competition law is presented next considering in particular the similarities and differences between EU Competition Law and national rules. Emphasis will be placed on identifying the types of practices covered by EU Competition law: (the unconditional prohibition of) the abuse of dominance, (conditional prohibition of) anticompetitive multilateral practices and (pre-emptive control of) mergers and acquisitions with EU dimensions. Emphasis will be placed on explaining basic concepts underpinning the application and public enforcement of EU Competition law such as the relevant market definition (as the essential concept for the establishment of market power and the evaluation of the resulting market practices) and on the advantages and disadvantages of enforcement instruments of a negotiated nature (commitments decisions, conditional merger approvals) and traditional repressive enforcement tools (infringement decisions and merger prohibitions).


Metody oceny (assessment methods)


Full participation and final essey

Literatura (bibliography)


TFEU (Treaty on the Functioning of the EU)

TEU (Treaty of the EU)














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