Checking date: 03/05/2023

Course: 2023/2024

Protection of competition
Master in Law of Regulated Sectors (Plan: 311 - Estudio: 294)

Coordinating teacher: ENTRENA RUIZ, DANIEL BRUNO

Department assigned to the subject: Private Law Department

Type: Compulsory
ECTS Credits: 4.0 ECTS


-Own and understand knowledge that can provide a base or opportunity to be original in the development and/or application of ideas, often in a context of research. -That students know how to apply the acquired knowledge and ability to problem-solving in new environments or little known within broad (or multidisciplinary) contexts related to their field of study. -That students be able to integrate knowledge and deal with the complexity of formulating judgments from information that includes reflections on the social and ethical responsibilities related to the application being incomplete or limited, their knowledge and judgment. -That students know how to communicate their findings, knowledge and latest reasons underpinning them public specialised and non-specialised in a way clear and unambiguous. -That students have learning skills which allow them to continue studying in a way that will be largely self-directed or autonomous. -Perceive the multidisciplinary character of the legal system and the necessary interdisciplinary vision of legal issues, especially from an international perspective. -Integrate, manage, identify, organize and analyze legal information. -Formulate critical judgments, rating them and communicate their findings in a clear and orderly way. -To assess the development of the personal and collective action, identifying the rigorous and well made, as well as errors, arguing and proposing alternative solutions to improve processes and results. -Recognise the growing importance of teamwork and demonstrate ability of initiative, creativity and sense of responsibility, maintaining interest throughout the process. -Adaptation and integration in different working groups, maintaining fluid communications and relations, respect for ideas and solutions provided by others with attitude of cooperation and tolerance, sharing responsibilities and giving and receiving instructions. -Develop professional work in interdisciplinary and international, acquiring the ability to integrate contributions various legal and multicultural environments different toward a common goal. -Acquisition of adequate and proper conduct at international level, especially in the case of regulatory compliance and the management of conflicts of interest in the negotiation of contracts and their implementation, both in the phase of dispute resolution -Ability to understand the role of counselling in a broader scope as the transnational -Ability to apply new and multidisciplinary environments, concepts, principles, theories, and models related to globalization and internationality of Law
Skills and learning outcomes
Description of contents: programme
1. Competition Law. Basic concepts. Historical evolution. Institutional and regulatory framework. Spanish and European Union Law. Economic foundations on markets competitive functioning. 2. Market definition: Relevant market. Market power. Undertakings. 3. Prohibited practices. Foundations of the prohibition. Restriction of competition by object and by efect. 4. Anticompetitive agreements. Horizontal agreements. Cartels. Cooperation agreements. Vertical agreements. Block exemption regulations. De minimis rule. 5. Abuse of a dominant position. Concept and assessment of a dominant position. The concept of abuse. Kinds of abuses: exploitative and exclusionary abuses. 6. Distortion of competition by unfair practices. 7. Competition Law enforcement. Institutional framework and decentralization. Public enforcement. Proceeding. Remedies and sanctions. Private enforcement. The compensation of antitrust damages. 8. Merger control. Concept of merger. National and European dimension. Assessment criteria. Proceeding 9. State aids control. Notion of State aids. Compatibility with the Internal Market. Enforcement proceeding. Public procurement and competition. 10. Competition Law, legal monopolies and regulated sectors: Public companies, exclusive rights and services of general economic interest. Essential facilities. Competition Law and Intellectual (and Industrial) Property Rights. 11. Competition Law and digital markets: The proposal for a Digital Markets Act. Network industries and electronic platforms. Assessment of potential remedies.
Learning activities and methodology
TRAINING ACTIVITIES Individual work for the study of theoretical and practical materials elaborated and contributed by the teacher. Theoretical-practical presence classes. Analysis of practical assumptions. Tutorials. Group work. TEACHING METHODOLOGIES -Lectures in class of the teacher with support of computer and audiovisual media, in which develop the principal concepts of the subject and the bibliography is provided to complement the learning of the students. -Critical reading of texts recommended by the subject professor: press articles, reports, manuals and/or academic articles, either for further discussion in class, either to broaden and consolidate the knowledge of the subject. -resolution of practical cases, problems, etc. posed by the teacher individually or in group-exhibition and discussion in class or in the virtual forum of the subject, under the moderation of the professor of subjects related to the content of the subject, as well as Case studies -Elaboration of works and reports individually or in a group
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Calendar of Continuous assessment
Basic Bibliography
  • AAVV. Derecho Europeo de la Competencia, Dir. Ruiz Peris. Tirant lo Blanch. 2017
  • CAMPUZANO LAGUILLO, A.B; SANJUÁN Y MUÑOZ, E.. GPS Competencia. Tirant lo Blanch. 2020
  • CAMPUZANO, A.B. / PALOMAR OLMEDA, A. / CALDERÓN, C. El Derecho de la Competencia. Tirant lo Blanch. 2015
  • CARBAJO CASCÓN, F. / CURTO POLO, M.M. / MARTÍN ARESTI, P. / et. al. Manual práctico de Derecho de la Competencia. Tirant lo Blanch. 2017
  • EZRACHI, A. EU Competition Law, An Analytical Guide to Leading Cases. Bloombsbury, ul. ed.
  • GOYDER, J. / ALBORS LLORENS, A. Goyder¿s EC Competition Law. - Oxford, ul. ed. .
  • KORAH, V. An introductory Guide to EC Competition Law. - Hart publishing, ul. ed. .
  • MONTI, G. EC Competition Law. Cambridge, ul. ed.
  • ORTIZ BLANCO, L. / MAÍLLO GONZÁLEZ-ORÚS, J. / IBÁÑEZ COLOMO, P. / LAMADRID DE PABLO, A. Manual de Derecho de la Competencia. Tecnos. 2008
  • SIGNES DE MESA, J.I. / FERNÁNDEZ TORRES, I. / FUENTES NAHARRO, M.,. Derecho de la Competencia. Thomson Civitas. 2013
  • SUFRIN, B. / JONES, A. EU Competition Law: Texts, cases and materials. Oxford, ul. ed.

The course syllabus may change due academic events or other reasons.