Cursos / 2º Ciclo / Faculty of Law :: Law

Versao Portuguesa

DIREITO DA CONCORRÊNCIA - 2016/2017

1º curricular year
Semestralidade: 1st semester
ECTS: 7.5

Teachers

Leading Teacher: Prof. Doutor Alberto Estima
Assistant Professor: Prof. Doutor Alberto Estima

Class type and School hours

Teaching Language

Portuguese

Main Aims/Objectives

Understand the competition law in its multiple faces either in the European law or the Portuguese law making reference to the anti-trust law from the common law.

Specific Aims/Objectives

Understand the competition law rules including the rules applied to enterprises and to the States. Specially, get knowledge of the regime applicable to cartels, abuse of dominant positions and state aid. It is also import to know the Portuguese regime.

Skills to be acquired

Identify the national and European Union rules applicable. Interpret the decisions from the Competition authorities, the European Commission and the decisions of the European Court of Justice.

Teaching Procedures

Teaching with the participation of the students and interpretation of the court decisions on competition. Works presented by the students.

Programme

I. Introduction.
1. Notion of competition law.
2. Unfair competition, illegal competition e competition law.
3. Perfect competition e workable competition.
4. North American model (from the Sherman Act to the Chicago school).
II. EU competition law.
1. Justification.
2. Rules applicable to companies.
a. Cartels (article 101 TFUE).
i. Collusion.
1. Company notion.
2. Types of cartels.
ii. Effect on the trade among member states.
iii. Competition restriction.
iv. Types of agreements, decisions and forbidden practices.
v. Sanction in article 101.º, n.º 2, of the TFUE.
vi. Exceptions to the prohibition of the article 101.
1. Individual and categorical exemptions.
b. Abuse of dominant position (article 102 TFUE).
i. Scope.
ii. Prerequisites:
1. Effect on trade among member states;
2. Dominant position;
a. Relevant market.
3. Abuse of dominant position;
a. Types of abusive exploitation.
4. Authors;
5. Sanctions.
c. Mergers.
i. The problem;
ii. Notion of merger;
iii. Mergers control.
3. Rules applicable to States.
a. The regime of the article 106 TFUE.
i. Public companies;
ii. Scope;
iii. Companies that develop services of general economic interest or that benefit from a fiscal monopoly;
iv. Commission control.
b. State aid (article 107 TFUE).
i. Prerequisites;
ii. Types of State aid;
iii. Derogations;
iv. Commission control.
III. Portuguese competition law
1. The European competition law and its direct application.
2. The conflict between the Portuguese competition law and the European competition law.
3. Portuguese competition law:
a. Collective practices.
b. Abuse of dominant position.
c. Control of mergers.
d. State subsidies.
e. Competition and public services.
IV. Procedural rules on the Portuguese competition law.

Evaluation Type

Oral presentation of works and written exams.

Teaching Resources

Bibliography.
Legislation.
Court decisions.

Sustainability Objectives

Keywords

Competition.
Cartels.
Abuse.
Mergers

Main Bibliography

Author GORJÃO-HENRIQUES, MIGUEL
Title Direito da União
Edition 7.ª
Place Coimbra
Editor Almedina
Year 2014
Author CUNHA, CAROLINA; GORJÃO-HENRIQUES, MIGUEL
Title Lei da concorrência - comentário conimbricense
Edition 1.ª
Place Coimbra
Editor Almedina
Year 2013
Author MACHADO, JÓNATAS E. M.
Title Direito da União Europeia
Edition 2.ª
Place Coimbra
Editor Coimbra Editora
Year 2014

Complementary Bibliography

Author MOURA E SILVA, Miguel
Title Direito da Concorrência
Edition 1.º edição
Place Coimbra
Editor Almedina
Year 2008
Author SANTOS, ANTÓNIO CARLOS DOS; GONÇALVES, MARIA EDUARDA
Title Direito Económico
Edition 7:ª
Place Coimbra
Editor Almedina
Year 2014