02-048 Konkurenčno pravo/ Competition law
Content (Syllabus outline):
1. Introduction: notion, development, meaning and content of competition law and
the related institutions; connection of competition law with other subjects.
Placement of competition law into the Slovene legal system, notion, sources and
the contents of related legal fields.
2. Basic notions of competition law (terminology): the notion of competition, the
notion of company, market and considering market, the notion of good business
practice, basic notions of competition law.
3. Preventing unfair competition: the notion of unfair competition in the RS and in
the EU law, examples of unfair competition.
4. Preventing restriction of competition: the notion of restricting competition in the
RS and the EU law, forms of restriction of competition. Prohibition of abusing
dominant position (basic notions, case analysis). National restriction of
competition (basic notions, case analysis). Restriction of competition with
concentrations (forms of concentrations (forms of concentration, criteria for
notification of concentration, procedure and criteria of assessment).
5. Dumping and subsidised export: notion, characteristics, types and cases, legal
arrangement in the RS and the EU.
6. Protection of competition: Competition Protection Office of the RS and changes of
legislation in this area. Administrative legal protection of competition, criminal
protection of competition, civil protection of competition.
7. Consumer protection law: placement into the Slovenian legal system, Slovenian
and European consumer protection law, sources of consumer law, basic notions of
consumer law.
8. Selected fields of consumer protection law: the field of consumer protection (basic
division). Advertisement of goods and services, responsibility for products,
guarantee, the sale of goods and services, general operating terms and conditions,
and failure to comply with business practice. Consumer protection carriers.
Exercise of rights.
Objectives and competences:
Student will develop general competences:
•
legal principles of market operation and the performance of commercial entities
on the market,
•
familiarity with the specific area of prohibition of unfair competition,
•
familiarly with the European and domestic competition law.
Students will develop the following subject-specific competences:
•
familiarity with prohibited forms of unfair competition,
•
familiarity with the notions of competition law in comparative law (i.e. trust),
•
familiarity with related legal areas – intellectual property law, legal aspects of
consumer protection and, in particular, business ethics,
•
the subject in question (Competition Law) will thus train students to be able to use
their knowledge of the legal principles of market operation,
•
understanding the legal principles of market operation is nowadays undoubtedly
a priority of future managers in their professional practice.
Intended learning outcomes:
Knowledge and understanding:
Student will:
•
become familiar with the notion of competition law in market economy and
related legal institutions,
•
become familiar with and understand the basic terminology in the field of
competition law,
•
master the notion of unfair competition, know the general clause and taxatively
listed cases, will understand concrete court cases from the practice of the
Slovenian courts and the EU courts,
•
become familiar with the notion of restriction of competition, general prohibition,
forms of prohibition of competition and means of their prevention in the RS as
well as in the EU. Students will become familiar with the notion of the abuse of the
dominant position, cartel agreements, national restriction of competition,
concentration of companies. Students will be familiar with and understand basic
court cases from this area,
•
become familiar with dumping and subsidised export and know regulations in this
area,
•
become familiar with the carriers of protection of competition in the RS, will know
the basic principles of competition protection in administrative, criminal and civil
procedure and will know the basic procedural rules,
•
be able to place the field of consumer protection within the wider legal frame.
They will be familiar with history, development and sources of consumer law in
Slovenia as well as in the EU, and the basic notions of consumer law,
•
gain an insight into the current area of consumer protection. They will become
familiar with the currently very popular topics, will understand the organisation
and protection of consumer rights, and will gain knowledge that will be useful in
their profession as well as every-day life. Students will become familiar with the
operation of the judicial system in the field of consumer protection, and will widen
their basic knowledge about liability for damages and other forms of liability.
Assessment:
Final examination (written/oral exam)
Short written assignments
Other: exam