Competition Law II — Enforcement  

2 ECTs / 12h / English

The course will deal with the problems and prospects of modern competition law enforcement both at the EU and the Portuguese levels. The course will focus on the modern policy of decentralized application of EU competition law, its objectives, efficiencies and difficulties. The traditional approach of administrative enforcement in Europe will be compared with a more USA oriented judicial enforcement, against the background of a prevailing “effects based approach”. The course will aim at providing a good understanding of the nature of the so-called legal exception system set up by Regulation No 1/2003, as well as a detailed knowledge of the enforcement and investigation powers of the Commission and the National Competition Authorities, the rights of defence and the procedural rights of complainants, the scope of the authorities’ professional secrecy and of lawyers’ legal privilege and the functioning of the European Competition Network. Remedies and penalties, of both a pecuniary and a criminal nature, will be discussed. A part of the course will be devoted to a practical analysis of cartel cases, leniency and strategies of legal defense in cases concerning different jurisdictions. Finally, private enforcement and damages actions for breach of the EU antitrust rules will deserve particular attention, together with the question of arbitrability of competition law. An inside view on administrative and judicial application of EU competition law will be provided with the support of some important cases before the Commission, national authorities, national courts and the European courts.

Faculty

Invited Professor
Mariana Tavares is a United Nations International Consultant for Competition at the Administrative Council for Economic Defense of Brasil – CADE - Conselho…