6 ECTS credits
180 h study time
Offer 1 with catalog number 4017494FER for all students in the 2nd semester at a (F) Master - specialised level.
This course has, with its interactive lectures, two parts:
I. European competition law for companies (F. Tuytschaever)
This part has the following objectives:
1. To familiarize the students with the scope of articles 101-102 TFEU (also other competition regimes will be briefly mentioned).
2. To give the students insight into the EU policy on vertical agreements, as governed by Regulation (EU) 330/2010 and the accompanying Guidelines on Vertical Restraints. The different distribution models are discussed (non-exclusive, selective and exclusive distribution, franchising, agency), as well as their common features and differences. This part includes case studies. One of the case studies concerns the competition law assessment of e-commerce.
3. To give students insight into the EU policy on horizontal agreements, including both prohibited horizontal agreements (cartels) as well as horizontal agreements which must be assessed according to the Guidelines on horizontal co-operation agreements. This part includes case studies.
4. To give the students insight into the EU institutional and procedural competition law for companies, including Regulation (EC) 1/2003 and its accompanying communications.
5. To give the students insight into the interaction between EU and national (Belgian) competition law for companies.
6. To give the students insight into the public enforcement (fines and leniency) and the private enforcement of competition law for companies (damages claims), and the relationship between the two.
7. Guest lectures: possibly, guest speakers will lecture on current issues of EU competition law for companies. Recent guest lectures concerned the calculation of fines for competition law infringement, and leniency, as well as the competition law analysis of information exchanges.
8. Materials: the materials consist of a set of basic EU law texts (that may be used during the exam), up-to-date slide presentations, and recent decisions of the European Commission and/or judgments of the General Court and the Court of Justice (of the EU).
II. European competition law on State aid (T. Joris)
1. In an introduction, the following preliminary questions will be answered: why an EU State aid policy?; what role does this policy play in the internal market?; what actors play a role in the State aid policy of the EU?; ...
2. Substantive aspects of the EU State aid policy: article 107 TFEU (State aid prohibition and exemptions). The following questions will be answered: what is State aid in the meaning of article 107(1) TFEU?; which State aid will or can be exempted from the State aid prohibition (article 107(2) and (3) TFEU)?; ...
3. Procedural aspects of the EU State aid policy: article 108 TFEU; procedural Regulation 2015/1589 (implemented by Regulation 794/2004); enabling Regulation 2015/1588 (implemented by general block exemption regulations and de minimis regulations); and communications of the European Commission. The procedural rules will be illustrated with decisions of the European Commission, judgments of the General Court and the Court of Justice (of the EU), and/or national court decisions.
4. Within the framework of the European Economic Area, the unique EU State aid law was "exported" to Iceland, Liechtenstein and Norway. Also agreements between the EU and some third States contain State aid provisions. Brief attention will be given to this "internationalisation" of EU State aid law.
5. Guest lectures: possibly, guest speakers will lecture on current issues of EU competition law on State aid. Recent guest lectures focused on the private enforcement of EU State aid law.
6. Materials: the materials consist of a reader (that may be used during the exam), decisions of the European Commission and judgments of the General Court and/or the Court of Justice (of the EU).
Knowledge already acquired: objectives and working of the EU. See, for example, K. Lenaerts en P. Van Nuffel, Europees Recht, Antwerpen/Cambridge, Intersentia, 2017. Use is made of sources in Dutch, unless they are only available in English or French.
The students also gather knowledge through self study.
During the first lectures (parts I and II), the students are informed about the content and the learning outcomes of the course, and about the study materials and the exam.
Recording (audio-visual) of the lectures is not allowed.
For "evening students": at least two separate contact moments.
Because of COVID-19, in 2020-2021 all lectures (with the exception of one) were taught online (via Teams). Also a few existing recordings ("European competition law on State aid" - 2019-2020) were posted on the learning platform.
Part I: European competition law for companies
The overall objective of this part of the course is to give the students a frame of reference and a methodology to apply EU competition law for companies.
This overall objective encompasses the following more specific competences:
Part II: European competition law on State aid
The overall objective of this part of the course is to introduce the students to the basic and some specific principles of the EU State aid policy.
This overall objective encompasses the following more specific competences:
The final grade is composed based on the following categories:
Written Exam determines 100% of the final mark.
Within the Written Exam category, the following assignments need to be completed:
Written exam. Open (and possibly closed) questions and case studies.
During the examination, students may use the EU basic texts (part I) and the reader (part II) that are made available to them. These documents may not be written in (no own written texts/notes; see also the "aanvullend reglement m.b.t. het gebruik van hulpmiddelen tijdens examens).
Examples of exam questions (parts I and II):
The students may, at their request (tljoris@vub.ac.be), inspect the copy of their exam paper within five calendar days after the announcement of the exam results. Within the same period, they may also ask for a clarification of their exam result (see the Teaching and examination regulations).
Because of COVID-19, a digital written examen with multiple choice questions was organised in the academic year 2020-2021. The students were not allowed to use documents during this exam.
This offer is part of the following study plans:
Master of Laws: Dual Master in Comparative Corporate and Financial Law (only offered in Dutch)
Master of Laws: Civil and Procedural Law (only offered in Dutch)
Master of Laws: Criminology (only offered in Dutch)
Master of Laws: Economic Law (only offered in Dutch)
Master of Laws: Tax Law (only offered in Dutch)
Master of Laws: International and European Law (only offered in Dutch)
Master of Laws: Public Law (only offered in Dutch)
Master of Laws: Social Law (only offered in Dutch)
Master of Laws: Criminal Law (only offered in Dutch)
Master of International and European Law: Standaard traject (only offered in Dutch)