IDENTIFYING DATA 2017_18
Subject (*) COMPETITION LAW Code 20725110
Study programme
Technology and Engineering Management (2017)
Cycle 2nd
Descriptors Credits Type Year Period
3 Compulsory First 2Q
Language
Anglès
Department Private, Procedural and Financial Law
Public Law
Coordinator
COCCIOLO ., ENDRIUS ELISEO
E-mail endrius.cocciolo@urv.cat
irenesofia.martinez@urv.cat
Lecturers
COCCIOLO ., ENDRIUS ELISEO
MARTINEZ NÚÑEZ, IRENE SOFÍA
Web
General description and relevant information The course is designed to introduce and study the regulatory framework applicable to enterprises in regard of Spanish and EU Competition Law.

Competences
Type A Code Competences Specific
 A1.5 Analyse the complexity of the micro- and macroeconomic and legal environment of technology and innovation companies in a changing and ill-defined context.
Type B Code Competences Transversal
 B6.1 AApply ethical principles and social responsibility as a citizen and as a professional
Type C Code Competences Nuclear

Learning outcomes
Type A Code Learning outcomes
 A1.5 Understand the national and international legislation regarding business activity, particularly regarding technological and industrial companies.
Adapt business decisions to the current legislation.
Type B Code Learning outcomes
 B6.1 Adapt business decisions to the current legal framework by applying the principles of ethics, social responsibility and sustainability.
Type C Code Learning outcomes

Contents
Topic Sub-topic
Unit 1 Competition Law in Spain and the EU. Introduction to Intellectual Property Law. Copyright Law 1.1.1 Introduction to Competition Law
1.1.2 Overview of precedents in legislative history and Antitrust Law
1.1.3 Regulatory framework
1.1.4 The relationship between EU Competition Law and National Competition Laws
1.2.1 Introduction to Intellectual Property Law
1.2.2 Regulatory framework
1.2.3 Justification for Intellectual Property Law
1.3.1 Copyright Law. Subject matter
1.3.2 Criteria for protection and nature of the rights
1.3.3 Duration. Exploitation and its limits
1.3.4 Infringement and defences
Unit 2. Intellectual Property Law. Industrial creations and Distinctive Signs
2.1.1 Patents and Utility Models: requirements of patentability
2.1.2 Ownership
2.1.3 Exploitation
2.1.4 Infringement
2.1.5 Other registrable industrial creations: industrial designs and plant variety rights.
2.2.1 Distinctive signs: Trademark Law
2.2.2 Scope of registrable trademarks and trade names
2.2.2.1 Subjetc matter
2.2.2.2 Absolute and relative grounds for refusal
2.2.3 Revocation and Infringement
2.2.4 Defenses
2.2.5 Protection of Geographical Indications of Origin


Unit 3. Competition Law: collusive practices and abuse od dominance
3.1 Agreements, Decisions and Concerted Practices
3.1 1 Horizontal Agreements – Cartels
3.1.2 Vertical Agreements – Distribution chains
3.1.3 Exchanges of information in Horizontal and Vertical Agreements.
3.2 Block Exemptions
3.3 Concerted Practices and the effect on trade between Member States
3.4 Abuse of dominance: Elements of the illegal behavior
3.4.1 Undertakings
3.4.2 Dominant position
3.4.3 Effect on Inter-State Trade
3.5 Pricing practices
3.6 Non-pricing practices
3.7 Collective dominance
3.8 Exemptions

Unit 4. Merger control in Spain and the EU
4.1 Merger Activity
4.1 Regulatory Framework
4.3 EU merger control and jurisdiction
4.4 Procedures: Notification, suspension of concentrations, procedural timetable
4.5 Substantive analysis
4.6 Remedies

Unit 5. State Aid Control
5.1 Relationship between National legislation and EU Law on State Aid
5.2 Contents of Art. 107 TFEU Aids granted by States
5.3 Justification and contents of reports.
5.4 Competition Law Disciplinary system
5.5 Infringement Procedures for Collusive practices
5.6 Leniency Program

Unit 6. Institutional Structure of EU and Spanish Competition Law
6.1 Regulators independence and interdependence
6.2 Relationship between Regulatory framework and Competition Law Principles
6.3 Application of Competition Law to Public Entities.
6.4 Competition Law and jurisdictional Authorities: civil and administrative procedures.

Planning
Methodologies  ::  Tests
  Competences (*) Class hours
Hours outside the classroom
(**) Total hours
Introductory activities
4 0 4
Scientific and/or public events
A6
2 0 2
Assignments
A6
CT3
9 20 29
Case study
CT3
24 15 39
Personal tuition
1 0 1
 
 
(*) On e-learning, hours of virtual attendance of the teacher.
(**) The information in the planning table is for guidance only and does not take into account the heterogeneity of the students.

Methodologies
Methodologies
  Description
Introductory activities Activities designed to introduce the subject to students and also get to know their previus knowledge of the subject.
Scientific and/or public events Meetings, roundtables, congresses, etc., where students will strengthen their knowledge of specific subjectes related to the course.
Assignments Individual papers and/o assignments to be handed out by the students. They will be expected to apply practical knowledge in one specific subject of the course.
Case study One real or imaginary case in which students will have to provide a founded an educated solution to the problem at hand.
Personal tuition Time specifically allocated to solve questions and doubts students may have relating to the topics discussed during the course.

Personalized attention
Description
Time specifically allocated by each professor in which he/she will answer student's questions related to the contents of the course. Date to be agreed by email between student and professor.

Assessment
Methodologies Competences Description Weight        
Assignments
A6
CT3
Assignments handed out by students where they are expected to apply theoric knowledge at a practical level. 50%
Case study
CT3
A real o imaginary case where students must provide a solid and founded answer to the problem described. 50%
Others  
 
Other comments and second exam session

All evaluation activities in all Calls must be in English.

In Second Call the student will be examined of the whole content of the subject for 100% of the grade in the dates to be publish in the official calendar.


Sources of information

Basic Lionel Bently and Brad Sherman, Intellectual Property Law , 4th., 2014
Justine Pila and Paul Torremans, European Intellectual Property Law, 1st., 2016
Richard Whish and David Bailey, Competition Law, 8th., 2015
Ioannis Lianos, Valentine Korah, Paolo Siciliani, Competition Law Analysis, Cases and Materials , 4th., 2017

Complementary

Recommendations


(*)The teaching guide is the document in which the URV publishes the information about all its courses. It is a public document and cannot be modified. Only in exceptional cases can it be revised by the competent agent or duly revised so that it is in line with current legislation.