MPP_SOPR Competition Law

Faculty of Economics and Administration
Autumn 2023
Extent and Intensity
1/2/0. 4 credit(s). Type of Completion: zk (examination).
Teacher(s)
doc. JUDr. Michal Petr, Ph.D. (lecturer)
doc. JUDr. Michal Petr, Ph.D. (seminar tutor)
Guaranteed by
doc. JUDr. Michal Petr, Ph.D.
Division of Legal Education – Faculty of Economics and Administration
Contact Person: Lenka Hráčková
Supplier department: Division of Legal Education – Faculty of Economics and Administration
Timetable
each odd Thursday 16:00–17:50 P102, except Thu 9. 11.
  • Timetable of Seminar Groups:
MPP_SOPR/01: each odd Thursday 18:00–19:50 P102, except Thu 9. 11., M. Petr
Prerequisites
Předmět předpokládá základní znalosti a dovednosti z oblasti teorie práva.
Uvedené dovednosti lze získat absolvováním předmětu Základy práva.
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
The subject aims at providing students with a deeper insight into the complex questions of economic competition protection. The introductory part focuses on the definition of basic competition-law terms and the relation of competition law to other branches of law. It also explains the relation between competition law on the communitary level and law of the individual EU member states. Furthermore, students will be introduced in detail to the three basic competition law institutions, i.e., banned agreements, dominating position misuse and company merger check. The final part is devoted to the questions of the communitary competition law application on both the communitary and national levels. All these topics will be covered with special respect to the practice of the Antitrust Office.

At the end of this course students will be able to:
- understand basic mechanisms of regulation of competition;
- work with relevant sources of EC law and judicature;
- assess particular conduct of undertakings from the perspective of competition law and propose solutions in order to remedy competition problems and reach compliance;
- react to legal acts of the Commission or the Antitrust Office.
Learning outcomes
The students will acquire an ability to assess certain conduct from the point of view of competition law, to propose its modifications in order to achieve compliance and to respond to actions from the EUropean Commission and the Czech Competition Authority.
Syllabus
  • 1.Competition law in general – object and purpose of competition law, distinction between national and communitary competition law, competition law and public and private interests protection, basic terms (competitor, relevant market, agreements and their forms, dominating position, checkup), competition law and other branches of law (unfair competition, price law, economic dependence, public support)
  • 2.Banned agreements – horizontal agreements, vertical, mixed (examples), exemptions from ban on agreements (de minimis rule, block exceptions, ex lege exceptions)
  • 3.Dominating position (market power analysis, forms of misuse – examples)
  • 4.Competition law application in the field of the Antitrust Office competence and the Commission competence (investigative competence, power to take decisions, sanctions and measures for correction, judicial review, ECN)
  • 5.Company merger – concept of merger, communitary dimension merger, allocation of cases, ban on realising mergers, merger reviewing (dominance test, SLC test, efficiencies, obligations, conditions and limitations, ancillary restraints), proceedings in the matter of company merger (proceedings by the Antitrust Office, proceedings by the Commission, judicial review)
  • 6.Competition law application by courts, private enforcement.
Literature
    required literature
  • KINDL, Jiří. Soutěžní právo. 3. vydání. V Praze: C.H. Beck, 2021, xxxvi, 975. ISBN 9788074008061. info
  • ŠIŠKOVÁ, N. a kol. Evropské právo 2. Jednotný vnitřní trh. Praha: Wolters Kluwer, 2012. Kapitola VII
    recommended literature
  • ROSE, V., BAILEY, V. European Union Law of Competition. 7th ed. Oxford: Oxford University Press, 2013
  • PETR, M., DOSTAL, O., KREISELOVÁ , I., VAVŘÍČEK, V. Zakázané dohody a zneužívání dominantního postavení v ČR. Praha : C.H.Beck, 2010
  • FAUL, J., NIKPAY, A. The EU Law of Competition 2nd ed. Oxford: Oxford University Press, 2014
  • WISH, R., BAILEY, A. Competition Law. 7th ed. Oxford: Oxford University Press, 2012
Teaching methods
Lectures, practical examples, discussion of solved cases, argumentation.
Assessment methods
The course finishes with a written exam. Students are allowed to take the exam after passing a mid-term test.
The same condition applies to students with  ISP or on an internship. The student must contact the teacher at the beginning of the semester and agree on an (individual) date for the mid-term test.
"Any copying, recording or leaking tests, use of unauthorized tools, aids and communication devices, or other disruptions of objectivity of exams (credit tests) will be considered non-compliance with the conditions for course completion, as well as a severe violation of the study rules. Consequently, the teacher will finish the exam (credit test) by awarding a grade "F" in the Information System, and the Dean will initiate disciplinary proceedings that may result in study termination."
Language of instruction
Czech
Further Comments
Study Materials
The course is taught annually.
The course is also listed under the following terms Autumn 2009, Autumn 2010, Autumn 2011, Autumn 2012, Autumn 2013, Autumn 2014, Autumn 2015, Autumn 2016, Autumn 2017, Autumn 2018, Autumn 2019, Autumn 2020, Autumn 2021, Autumn 2022, Autumn 2024.
  • Enrolment Statistics (Autumn 2023, recent)
  • Permalink: https://is.muni.cz/course/econ/autumn2023/MPP_SOPR