Google translate No value Título de Especialista en Derecho de la Competencia

Module I. Introduction  to competition law (2 credits). María Pilar Canedo (CNMC)

• Origin and evolution of competition law. Competition, efficiency and market economy. The constitutional recognition of freedom of enterprise and economic competition.
• Legal regime: European and Spanish community regulations. Approach. Institutional Design
• Relevant market and market power. Special features of multi-sided markets (platforms): digitalization, network effects and big data
• The relations between competition and regulation

Module II Prohibited conduct (5 credits). Antonio Guerra (Uría Menéndez)

• Common elements: Subjective scope. Company concept. The agency problem. The responsibility of the facilitator. facilitator Applicability of competition law to public administrations. Concepts of agreement, collective recommendation and concerted practice. The single and continued violation. Restrictions by object and effect. The de minimis rule.
• Horizontal agreements: Cartels and exchanges of information. The problem of tacit collusion. Particular analysis of other cooperation agreements between competitors. Business cooperation in special sectors: insurance, maritime consortia, agriculture.
• Vertical agreements: The assessment of vertical restrictions: by Consten and Grundig c. Commission to Regulation 2790. Distribution agreements. Regulation 330/2010. Particular analysis of specific restrictions. The distribution of motor vehicles. Technology transfer agreements. Industrial and intellectual property rights licenses.
• Dominant position abuse: The dominance position. The joint dominant position and control of oligopolies. Concept and types of abuse. Abuses of exclusion. The Communication on the control priorities of the Commission. The subsequent jurisprudence of the Court of Justice. Exploitation Abuses The problem of excessive prices. Abusive behaviors in digital markets. The exercise of industrial and intellectual property rights by dominant companies.

Module III The application of prohibitions (3 credits). Carmen Herrero (University of Valladolid)

•  The public application
•  Faculties of investigation. Inspections Process; Confidentialities and access to the file, Precautionary measures, Practice of tests and oral hearing, Resources Remedies and sanctions. The clemency procedure.
•  The private application: The nullity. Compensation for damages. Directive 2014/104 / EU and its transposition into Spanish law.
•  Promotion of Competition: Information function: Promotion of the culture of competition: Guides, Compliance programs (compliance)
   

Module IV Concentration control (2 credits). Rafael Allendesalazar (MLAB)

• Introduction. Applicable regulations: origin and evolution. Concept of concentration: acquisition of control; changes in the nature of control; joint ventures
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• Jurisdictional aspects: thresholds, companies affected and turnover; competent authorities; forwarding mechanisms with the European Commission; international cooperation mechanisms.
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• Procedures before the EC and the CNMC: Deadlines, phases, access; investigation mechanisms; powers of the competition authority; sanctions Judicial Review
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• Substantive evaluation criteria. Horizontal, vertical and conglomerate effects. Unilateral and coordinated effects. Remedies: obligations and conditions.
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• Concentrations and digital economy. Digital platforms: network effects and big data.

Module V. Public restrictions of competition (2 credits). Pedro Hinojo (CNMC)

•  Public aid: Community regime. Spanish law Advisory function Annual Aid Report.
•  Exclusive or special rights. Services of general economic interest
•  Acts and restrictive provisions of competition: Theory of efficient economic regulation. Rules or acts restrictive of competition. Consultative function: Studies. Position Reports. Reports of Normative Projects. Reports on administrative acts. Active Legitimation Barriers to effective competition. The market unit.

Module VI Unfair competition, collaborative economics and the food chain (2 credits). Ainhoa ​​Veiga (Araoz and Rueda)

• Concept, purpose and application requirements
•  The general clause
•  Especially prohibited behaviors.
•  The collaborative economy
•  Advertising
•  Actions and remedies
•  Distortion of free competition for acts of unfair competition: art. 3 LDC.
•  The regulation of the food chain

Module VII Practices or End of Course Work (4 credits). Antonio Robles (UC3M)

Research work, practices in offices or associated institutions. Participation in a moot court on the subject will be valued if economic and personal resources allow it.

The teaching staff is mainly composed of professionals of recognized prestige, both from the public sector (European Commission, CNMC, regional authorities) and private (law firms, legal advice of companies, Self-control of advertising) without prejudice to the participation of experienced academics coroner or investigator in the corresponding subject.

The Academic Committee is composed of renowned professionals who supervise the program and contribute to the improvement of the general orientation of the degree.

ACADEMIC COMMISSION

• Mr. Luis Berenguer (senior advisor of Broseta Abogados, former president of the CNC)
• Prof. Julio Costas (Professor of Commercial Law, former director of the CNC, President of the Academic Network of Competition Law)
• Mr. Antonio Guerra (Lawyer, coordinating partner of the Law Areas of the European Union and the Uría Menéndez Competition).
• Prof. Luis Miranda (Professor of Commercial Law, advisor of the Academic Network of Competition Law)
• Prof. Francisco Marcos (Professor IE, vice president of the Academic Network of Competition Law)
• Mr. Antonio Maudes (Vocal Advisor IAC. Former Director of Promotion of the CNC)
• Prof. Antonio Robles (Associate Professor of Commercial Law, UC3M, Counselor of the Academic Network of Competition Law)
• Mr. Rafael Allendesalazar (Lawyer, MLAB Partner)
• Prof. Dr. Ms. Ana Tobío (Professor of Commercial Law)

FACULTY

Although it is likely that some of our students are already active in the labor market, the objective is to enable them to provide services as specialists in defense of competition in the sectors of corporate legal advice, advocacy or consulting, as well as in regulatory bodies or public administrations.

Duration and Hours

The duration of the specialist course is 4 months (-) at a time compatible with the professional activity (late Friday and Saturday mornings). It is taught at the Puerta de Toledo Campus, in the center of Madrid.

Course start date: September 13, 2019

End of course date: January 19, 2020

Language

The language of the degree is in Spanish, although it is planned to teach seminars and classes in English, taking into account that it is a very common working language for specialists in this field.

Professional practices

The end-of-course work will consist of a research project, the realization of a complex case study or the participation in a Moot on the subject. It may be replaced by professional practices in the entities with which the corresponding agreement has been signed, such as:

• Araoz y Rueda
• Autocontrol
• Estudio Jurídico EJASO
• CNMC
• Garrigues
• Gómez Acebo y Pombo
• Hogan Lovells
• Marimón Abogados
• Martínez Lage, Allendesalazar & Brokelmann
• MVA Abogados

Aids

One or more half aids will be called for students who prove their need and ensure a special use of the course.

Teaching Campus

☛ Campus Madrid Puerta de Toledo

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