Regulation and Competition Law

Code:

MD117

Acronym:

DRC

Keywords
Classification	Keyword
OFICIAL	Public Law

Instance: 2014/2015 - 2S (since 09-03-2015 to 19-06-2015)

Active?	Yes
Course/CS Responsible:	Law

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
MD	36	Plano Oficial de MD	1	-	10	-

Teaching language

Portuguese

Objectives

Study of Market Competitivity and Market Regulation. A Law and Economics approach to Antitrust behavior. The role of regulator entities. Study of cases.

Learning outcomes and competences

The syllabus set provide the knowledge on the subjects treated, so students can apply them later in their academic and professional life.Students will obtain skills to understand the economic and legal realities of competition.

Working method

Presencial

Program

PART I - MARKETS, COMPETITION AND REGULATION

1. TYPES OF MARKETS
1.1 Market-competitive and profit maximization
1.2 - Monopoly
1.3-The oligopoly
1.4 - The monopolistic competition
1.5 - Game Theory in competition analysis
1.6 - Competition, Monopolies and Cartels
1.7 - Introduction to antitrust policies
1.8 - The schools of thought concerning the policies of antitrust

2. THE POWER OF MARKET AND ANTI-COMPETITIVE BEHAVIOUR
2.1 - Definition of the relevant market
2.2 - Definition of market power
2.3 - How to measure market power and concentration?
2.4 - Consultations and agreements between companies
2.5 - Factors that facilitate collusion
2.6 - Difficulties to identify collusion
2.7 - The concentration of companies: taxonomy
2.8 - Horizontal concentration
2.9 - Vertical restraints and vertical integration
2:10 - Conglomerates (Holdings)
2:11 - The State aid and competition policy
2:12 - Market power and research, development and innovation

3. A DEFENSE OF COMPETITION IN THE EUROPEAN UNION
3.1 - A summary of the history of competition policies
3.2 - EU Policy on the Protection of Competition
3.3 - Application of Competition Law in the EU
3.4 - Evolution of Portuguese laws and institutions relating to antitrust

4. THE LEGAL REGIME OF COMPETITION IN PORTUGAL (LAW 19/2012)
4.1 - Critical Analysis of Law 19/2012
4.2 - Analysis of decisions and actions of the Competition Authority in Portugal

4. A MEMORANDUM FOR ECONOMIC REGULATION
4.1 - Market failures and the need for state intervention in THE defense OF efficiency
4.2 - The regulation as a way of correcting market inefficiencies
4.3 - The problem of natural monopoly and regulation
4.4 - Policy antitrust and regulation
4.5 - The relationship between the cross-sectoral regulation and competition regulation

PART II - ADMINISTRATIVE AND REGULATION LAW (ARL)

1. INTRODUCTION
The ARL as part of administrative law of economics.
Brief recap of the typology of government intervention in the economy: direct and indirect intervention.

2. ECONOMIC REGULATION
General notions; concept of economic regulation, the regulation as administrative activity; police administrative activity focusing on economic activities and economic regulation strictly, economic regulation, public services, services of general interest 'empresarializados' professional services and services of general interest AND of general economic interest.
Autoregulation public and state regulation. Self-regulation in the economic and professional activities (self-government) and the Regulatory State (regulation by regulators dependent - indirect state administration - and regulation by independent regulatory bodies - independent state administration).

3. SELF-REGULATION PROFESSIONALS AND ECONOMIC ACTIVITIES (INDEPENDENT ADMINISTRATION)

4. THE STATE AS REGULATOR: (I) THE REGULATION BY DEPENDENT REGULATOR AUTHORITIES
4.1. Framework: in particular, the Law of Public Institutions
4.2. Regulated sectors and the respective regulators

5.THE STATE AS REGULATOR: (II) THE REGULATION BY INDEPENDENT REGULATORY BODIES
5.1. Framework: in particular, the proposed Law on the Independent Regulators
5.2. Regulated sectors and the respective regulators

6. The ANTITRUST AND FREE MOVEMENTS OF FACTORS AND COMMODITIES

Mandatory literature

Leão, Pedro; Economia dos mercados e da empresa. ISBN: 9789725923184
Confraria João 1960-; Regulação e concorrência. ISBN: 972-54-0113-1
Motta Massimo; Competition policy. ISBN: 978-0-521-01691-9
MONCADA, Luís Cabral; Manual Elementar de Direito Público da Economia e da Regulação: Uma Perspetiva Luso-Brasileira, Almedina, 2012. ISBN: 978-972-40-4757-7
PORTO, Manuel Lopes; VILAÇA, José Luís da Cruz; CUNHA, Carolina; HENRIQUES, Miguel Gorjão (coord); Lei da Concorrência: Comentário Conimbricense, Almedina. ISBN: 978-972-40-5060-7
Miguel Moura e Silva; Direito da Concorrência, Almedina, 2008. ISBN: 978-972-40-3404-1
Adalberto Costa; O Novo Regime da Concorrência Anotado e Comentado, Grupo Editorial Vida Económica, 2014. ISBN: 9799727888580

Complementary Bibliography

Bongardt Annette 340; Competition policy in the European Union. ISBN: 972-9222-52-5
União Europeia Comissão Europeia; Concentration, competition and competitiveness in the beverages industries of the European Community. ISBN: 92-825-4876-7
União Europeia Comissão Europeia; Definition of the relevant market in community competition policy. ISBN: 92-825-6700-1
Van Bael & Bellis; Competition law of the European Community, 5ª ed.. ISBN: 9789041138768
Nitsche Rainer 070; Study on methods to analyse the imapct of state aid on competition. ISBN: 92-79-01185-5
Cunha Carolina; Controlo das concentrações de empresas. ISBN: 972-40-2497-0
Lipczynski John; Industrial organization. ISBN: 978-0-273-71038-7
Hiemenz Ulrich; Growth and competition in the new global economy. ISBN: 92-64-16973-3
União Europeia Comissão Europeia; Surveys of the Member Sates. powers to investigate and sanction violations of national competition l. ISBN: 92-826-9069-5
JUNQUEIRO, Ricardo Bordalo Junqueiro; Abusos de Posição Dominante, Almedina, 2012. ISBN: 978-972-40-4944-1

Teaching methods and learning activities

Presencial classes, with theoretical exposition and practical analyses of Case-Studies.

Evaluation Type

Evaluation with final exam

Assessment Components

Designation	Weight (%)
Exame	100,00
Total:	100,00

Eligibility for exams

 

Calculation formula of final grade

Marks obtained in the written examination.

Minimum of 10 marks in the written test examination.