Learning outcomes of the curricular unit
The aim of the syllabus is to provide a comprehensive understanding of the main issues on regulation and competition, naimely theories of regulation, regulatory instruments, regulators accountability and legitimacy, regulation in Portugal, the relationship between the portuguese competition authority and the other regulators, and the application of competition law provisions against collusive restrictive practices, unilateral practices of dominant firms, anticompetitive mergers and state aid. The analysis of the law, court decisions, legal literature and economic-political commentary on these provisions aim to provide a detailed understanding of these subjects in order to fully prepare the students for their professional activity in this field. The syllabus also intends to improve legal and research skills: oral and written communication, advocate a position or a cause, analytical and logical reasoning, master legal terminology, techniques of investigation and proper legal citation.
Syllabus
I. Regulation
1. Theories of regulation and regulatory instruments
2. Regulatory accountability and legitimacy
3. Regulation in Portugal
4. The relationship between the Portuguese Competition Authority and the other Regulators
II. Competition
Introduction: Sources; Institutions; Schools of Competition Analysis
I- The prohibition of agreements between undertakings which restrict competition
1.The elements
a- Undertakings
b- Collusion
c- Restriction of competition
d- Appreciable effect on inter-State trade
2. The consequences of infringement
3. Declaration of inapplicability
II- The prohibition of any abuse of one or more undertakings in a dominant position
1. The elements
a- Undertaking(s) in a dominant position held within the relevant market
b- Abuse
c- Appreciable effect on inter-State trade
2. Conduct which can be abuse
3. Objective justification?
III- Merger control
1. Aims
2. Substantive appraisal
3. Procedure
IV. State Aid
1. Substantive issues
2. Procedural issues
