Announcements

Important announcements will be posted here. Announcements will also be sent to each student via email.

Online Sessions Link

To connect to the online sessions of this module, except for the first session, please click on this link . You will be asked to register your attendance if you are not already signed in into your Zoom account. You will also be asked for the password which is below.

Meeting ID: 935 7824 1629
Passcode: 422218

Make sure that you show with your name & surname as you have been registered for the study programme. This is very important for attendance purposes.

Lecture Schedule & Notes

Lecture notes will be available during the week following the respective lecture. Schedule dates are indicative and may change. All changes, if any, may be communicated via email, SMS or telephone calls.

Lecturer/s  

Dr Lisa Abela

Lecture Summaries & Suggested Reading 

Lecture 1 - Introduction to Competition Law

This lecture aims to provide an overview and comparison of the:

• basic provisions of EU Competition Law specifically articles 101 and 102 of the Treaty on the Functioning of the European Union;
• the corresponding articles under the Malta Competition Act and
• the EU Merger Regulation which deals with merger control

Core Reading List

• Jones, A., Sufrin, B. and Dunne, N., 2019. Jones & Sufrin's Eu Competition Law: Text, Cases, And Material.
• Competition Act, Chapter 397 of the Laws of Malta
• Malta Competition and Consumer Affairs Authority Act, Chapter 510 of the Laws of Malta

Supplementary Reading List

• Whish, R. and Bailey, D., 2018. Competition Law. Oxford: Oxford University Press.

Lecture 2 - Article 101 TFEU

This lecture aims to provide an understanding on Article 101 TFEU which prohibits cartels and other restrictive agreements. The following topics will be covered:

• Article 101 TFEU - General principles
• Vertical agreements
• Distribution Agreements
• Cartels

Core Reading List

• Jones, A., Sufrin, B. and Dunne, N., 2019. Jones & Sufrin's Eu Competition Law: Text, Cases, And Material.
• Competition Act, Chapter 397 of the Laws of Malta
• Regulation (EU) No 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices
• Commission Notice - Guidelines on Vertical Restraints
• Communication from the Commission — Guidelines on the applicability of Article 101 TFEU to horizontal co-operation agreements

Supplementary Reading List

• Whish, R. and Bailey, D., 2018. Competition Law. Oxford: Oxford University Press.

Lecture 3 - Article 102 TFEU

This lecture aims to provide an understanding on Article 102 TFEU which prohibits abusive conduct by dominant firms. The following topics will be covered:

• Article 102 TFEU - General principles
• Market definition and Market Power
• Dominance
• Types of Abuse

Core Reading List

• Jones, A., Sufrin, B. and Dunne, N., 2019. Jones & Sufrin's Eu Competition Law: Text, Cases, And Material.
• Competition Act, Chapter 397 of the Laws of Malta
• Commission Notice - Guidelines on Vertical Restraints
• Communication from the Commission — Guidelines on the applicability of Article 101 TFEU to horizontal co-operation agreements

Supplementary Reading List

• Whish, R. and Bailey, D., 2018. Competition Law. Oxford: Oxford University Press.

Lecture 4 - EU Merger Regulation and introduction to Malta merger control

Merger control is the third pillar of EU competition law. At EU level the Commission plays the central role in the control of concentrations. In most jurisdictions, including Malta, merger control is designed as an ex ante control which primarily prevents merging firms from reinforcing or establishing a dominant position that could be harmful to the process of competition. The following topics will be covered in this lecture:

• EU Merger Regulation 139/2004 – Jurisdiction and Substantive Analysis
• The Control of Concentrations Regulations S.L.379.08
• The Concept of a Concentration
• Full function JVs
• Horizontal Mergers
• Vertical Mergers

Core Reading List

• Jones, A., Sufrin, B. and Dunne, N., 2019. Jones & Sufrin's Eu Competition Law: Text, Cases, And Material.
• Competition Act, Chapter 397 of the Laws of Malta
• Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings
• The Control of Concentrations Regulations S.L.379.08

Supplementary Reading List

• Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings

Methods of Assessment

Multiple Choice Question (MCQ) examination - 20% weighting

1 out of a choice of 3 assignment titles. - 80% weighting

Assignment

You have to choose 1 out of the 3 questions which will be made available in the Assignment Submission form below. Assignment should be submitted by not later than Friday 22 July 2022. The assignment has to be submitted together with the Assignment Submission Form. Please indicate the questions which you have addressed in the Assignment Submission form.

Assignment Submission Form

If you need information on how to plan, draft and submit your assignment follow the 21 Academy presentation on Writing and Submitting your Assignment.

We are also making the 21 Academy's Assignments Rubric available for your guidance. This is a performance-based assessment tool. Tutors will use the rubric to assist them to allocate scoring while it allows students to understand what is required in the assignment and how it will be graded. For referencing purposes, as much as possible please use the Oscola Referencing Guide.

Assignment should be sent accompanied by the respective assignment submission form on info@advisory21.com.mt. Please send assignments in pdf format. Do not scan assignment but convert/save it directly to pdf.

Note that the submitted assignment will be scanned for plagiarism.

Referencing Style

Oscola Referencing Guide

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