Course info
LAWS0222: Introduction to Competition Law and Consumer Protection (21/22)
Course Summary (including aims and objectives)Competition law and consumer
protection are essential underpinnings of a market economy. According to
economic orthodoxy, competitive markets enable society’s limited
resources to be produced and allocated efficiently, thereby promoting
economic prosperity. The global push for ‘deregulation’ is underpinned
by a widely-held belief in the benefits of competition in generating
appropriate incentives for both the private and public sector to carry out
their activities in a manner that will promote the community’s welfare.
But if left to their own devices, markets are unlikely to operate
competitively because firms are able to reap greater private profits by
engaging in anti-competitive conduct. Competition law is therefore required
to regulate business activity that tends to impair the competitive
functioning of the market and for this reason more than 130 jurisdictions
have enacted competition law statutes. Competition law is intended to
ensure that the market remains competitive, so that a meaningful range of
options is made available to consumers. Competition rules do not seek
to prescribe how firms should behave in the market, but they
rather proscribe certain forms of economic behavior, which are deemed to
be harmful to competition and consumers. Competition law rules influence
and govern a broad range of corporate practices. For example, competition
authorities may take enforcement action against firms, which agree not to
compete with each other and secretly fix prices (‘cartels’), or against
firms that have the ability to influence market conditions and to exclude
equally efficient competitors (Microsoft, Google). Competition authorities
also have the power to block mergers and acquisitions that are likely to
create market dominance or otherwise harm consumers. In order to assess the
likely impact of business practices and to determine whether these are
nefarious, benign or healthy, competition authorities and courts evaluate
economic evidence and engage in economic analysis. This creates a strong
link between economics and competition law.Consumer protection laws are
intended to ensure that consumers can effectively exercise choice in the
market. They aim to safeguard the economic interests of consumers, empower
them with free and informed choice and give them rights when something goes
wrong. Consumer protection laws may specify a duty of information, a total
prohibition of misleading and aggressive practices a prohibition of unfair
contract terms in certain types of contracts and so on. Competition law
exists in parallel with fields, other than consumer protection, such as
intellectual property and data protection. While they often share common
goals, the terms of their coexistence are not always straightforward. The
application of competition policy to the Goliaths of the digital markets
and e-commerce exemplifies the tensions between these fields.Against this
broad background, the aim of this module is twofold. First, to offer an
introduction to competition law and policy in the EU and the UK. We shall
therefore examine EU rules governing
anticompetitive agreements and unilateral conduct – namely Article
101 TFEU, which prohibits agreements and concerted practices among
undertakings which restrict competition by object or by effect, and Article
102 TFEU, which bans abuses of a dominant position. To this end, most
lectures will be dedicated to understanding the law and economics of
specific practices in light of existing case law– in particular: cartels;
distribution arrangements; predatory pricing; rebates; refusals to deal;
and tying. Attention will also be paid to the specifics of public and
private antitrust enforcement in the EU. Second, to explore the
interaction between competition law and consumer protection (and to some
extent data protection) in the context of e-commerce. E-commerce –
broadly, buying and selling online – has become an important feature of
economic activity throughout the world. The growth of e-commerce has the
potential to increase competition and enhance consumer choice, yet it may
also facilitate anticompetitive conduct by firms (e.g. algorithmic
collusion), which is reflected in the increasing levels of antitrust
enforcement in e-commerce markets.
Course contacts
Tutor
AM
Course Administrator
NC
HG
SH