Competition Law in Slovenia and EU

Prerequisits:
No special conditions (or specify)  

Content :

1. Basic concepts of economics
2. Market structures
3. Objectives of competition law
4. Comparison of competition law and economic regulation
5. The relationship between Slovenian and EU competition law
6. Addressees of the competition law rules – comparison of the concepts of undertaking and economic unit with the concepts of company, corporate group and affiliated companies
7. Restrictive agreements in theory and in Slovenian and EU administrative practices and case law
8. Abuse of a dominant position in theory and in Slovenian and EU administrative practices and case law
9. Pricing and pricing strategies in terms of competition law
10. Assessment of concentrations in theory and in Slovenian and EU administrative practices and case law
11. State aid under Article 107 TFEU and in the practice of the European Commission
12. Unfair competition
13. Proceedings before the CPA and the European Commission in competition law matters
14. Sanctions for violations of competition law rules in Slovenian and EU administrative practices and case law

Readings:

Required readings:

• Repas, M.: Konkurenčno pravo v teoriji in praksi, Uradni list RS, 2010
• Jones, A., in Surfin, B.: EU Competition Law, Oxford University Press, 2016
• Komentar ZPOmK-1
• EU zakonodaja in slovenska ter EU upravna in sodna praksa (oboje bo sporočeno na predavanjih glede na razvoj zakonodaje in upravne ter sodne prakse) / EU legislation and Slovenian and EU case law and administrative practices (both will be communicated in lectures in the perspective of the developments of legislation, case law and administrative practices)
• Zapiski s predavanj / lecture notes

Recommended readings:

• Whish, R., Bailey, D.:Competition Law, Oxford University Press, 9. izdaja, 2019
• Colomo, P. I.: Beyond the „more Economic-based Approach“: a Legal Perspective on Article 102 TFEU Case Law, Common Market Law Review 53, str. 709–740, 2016
• Rozman, T. Doktrina cenovnega plenilstva v EU in ZDA skozi perspektivo nadomestitve izgub, izključitvenega namena ter stroškov. Podjetje in delo, ISSN 0353-6521, 2013
• Rozman, T. Cenovno predatorstvo v Sloveniji: pravno razlogovanje v perspektivi naziranj Komisije in Sodišča EU. Lexonomica, ISSN 1855-7147, dec. 2012

Objectives and competences:

Students will acquire general competencies:

• initiative and independence in decision-making;
• broadening the general legal horizon in the field of competition law, which ensures a broader vision that is significantly important for establishing quality decision-making;
• ability to transfer theoretical knowledge into practice with the ability to solve more complex cases, which require the integration of different legal areas, and preparation of more complex legal acts;
• ability to analyse the internal and external legal conditions of the organization, define achievable goals and develop a strategy for achieving them;
• ability to use different interpretive methods for interpreting legal texts;
• ability to use solutions of various professional and scientific disciplines in planning the goals of the organization and introducing changes in the organization.

Students will develop subject-specific competencies:

• ability to connect knowledge from different fields (interdisciplinarity);
• identifying opportunities and threats in the global market;
• understanding of the Slovenian and EU legal framework of competition law;
• ability to address specific professional issues using relevant legislation, case law, interpretative arguments and scientific methods and procedures.

Intended learning outcomes:

After successfully completing the course, students will be able to:

• develop the ability to identify legal risks in business from the competition law point of view;
• identify the lawful and unlawful conducts of undertakings from the competition law point of view;
• develop the ability to formulate and propose legal solutions;
• become trained to prepare expertise materials for decision makers.

Learning and teaching methods:
Lectures with active student participation, case studies, individual and team research work, distance learning with ICT and presentations.

Assessment:

• Written exam (50 %) and
• student written assignment (50 %).

Prerequisite for taking the written examination is a positive assessment of the written assignment.

Lecturer's references:
Dr. Til Rozman obtained his bachelor’s degree in law from the University of Ljubljana Law School in 2009. After legal internship (2009–2011), Rozman worked as a young researcher in the field of civil and commercial law and as a teaching assistant at the University of Ljubljana (2011–2015). Since 2015, he has been teaching at the Faculty of Social Sciences in the field of Comparative Corporate Law and EU Law and has been working as a market regulation expert at the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS).

In 2016, Rozman cum laude defended his doctoral thesis on the issues of normative regulation and business practices of managing corporate groups in the Republic of Slovenia and the EU and was awarded with the title PhD. Between 2016 and 2019, Rozman was member of two research projects at the Research Centre for Comparative Corporate Law, namely „Socially Responsible Corporate Governance as the Foundation of the new Development Paradigm of Slovenia and EU” and “Corporate Governance of State-Owned Enterprises: Contemporary Issues and Challenges for Slovenia and EU”.

In 2018, Rozman was appointed as an Assistant Professor of Civil and Commercial Law at the University of Ljubljana. He has published several academic articles and has delivered papers at national and international conferences in the fields of the EU and comparative corporate law, competition law and economic regulation.

In 2020, Rozman has joined research project »Holistic approach to business and human rights: a normative reform of Slovenia and international legal order«, carried out by the Faculty of Government and European Studies and funded by the Slovenian research agency.

References:

• Scientific Conference Paper: ROZMAN, Til. (Un)Locking parcel lockers - refusal to supply. Prispevek na konfernci "27th Conference on Postal and Delivery Economics", 22-25. maj 2019, Dublin, Irska (in press)
• Scientific Conference Paper: ROZMAN, Til. Quantity rebate scheme: applicability of per sender reasoning for corporate groups. V: PARCU, Pier Luigi (ur.). The contribution of the postal and delivery sector: between ecommerce and e-substitution, (Topics in regulatory economics and policy). Cham: Springer, 2018
• Scientific Article:ROZMAN, Til. Doktrina cenovnega plenilstva v EU in ZDA skozi perspektivo nadomestitve izgub, izključitvenega namena ter stroškov. Podjetje in delo, ISSN 0353-6521, 2013
• Scientific Article: ROZMAN, Til. Cenovno predatorstvo v Sloveniji: pravno razlogovanje v perspektivi naziranj Komisije in Sodišča EU. Lexonomica, ISSN 1855-7147, dec. 2012