Merger Control

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Merger Control

Program:  LLM International and European Law
ECTS:  5
Lecturer:  Dr. Jakub Kociubinski
Email:  jakub.kociubinski@uwr.edu.pl
Type:  Optional
Level:  Medium/ Advanced

Lecture
Number of hours:  2h X 7 weeks = 14 hours (1 semester)

Classes
Number of hours:  2h X 7 weeks = 14 hours (1 semester)

Objective: 
Course dedicated at providing outline of law & economics of merger control

The aim:
To provide knowledge about the characteristics, function, legal tools of the merger control and its role in the socio-economic model of the European Union
To acquire sills necessary for analysis of a situation from the standpoint of the goals of merger control and to formulate de lege lata and de lege ferenda conclusions

Acquired knowledge:
Student have knowledge of the role of merger control in the economy on the basis of main economic theories
Student have knowledge of the general characteristics and axiology of merger control
Student understands the impact of various merger remedies on the overall competitiveness of the Internal Market

Acquired skills:
Student is able to identify the anti-competitive conduct and propose the measures of counteraction
Student is able to assess compatibility of a merger operation with the Internal Market
Student is able to utilize knowledge to provide assessment of a given situation from a merger control standpoint
Student is able to reach de lege lata and de lege ferenda conclusions of various competition law scenarios

Developed reflection:
Student is able to publicly presents his/her analysis of a merger case
Student is able to initiate and lead a discussion on the issues related to mergers and mergers control and competitiveness of economy

Assessment: 
The final grade consists of: exam, class activity, student own work.

Contents: 
Reasons for Mergers and Acquisitions
Law and Policy of Merger Control
Concept of Concentration – notions of effective control, decisive influence, and ancilliary restraints
Horizontal Mergers – non-coordinated effects
Horizontal Mergers – coordinated effects
Non-horizontal mergers
Efficiency defence and Failing firm defence
Merger Remedies

Recommended reading: 
EU Merger Control, I Kokkoris, H Shelanski, OUP, Oxford, 2014

Projekt “Zintegrowany Program Rozwoju Uniwersytetu Wrocławskiego 2018-2022” współfinansowany ze środków Unii Europejskiej z Europejskiego Funduszu Społecznego

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