ECLJ Summer School

General Information

The aim of the ECLJ project is to enrich the skills of national judges with particular reference to the application of new competition law legislation in a correct and consistent manner.

The objective is to guide the training of judges in the 27 EU countries in the context of the application of European competition rules, specifically with regard to the public and private enforcement of antitrust and State Aid rules, in order to ensure consistent application of EU competition law by national courts. This can be achieved through the ECLJ project which focuses in particular on the role of national judges in the application of EU competition law, their particular needs, working environments, training, knowledge and skills.

One of the aims of the ECLJ project is to create a European Judicial Network in the field of competition law as a useful tool to play a "harmonising" role with regard to the implementation and effective application of the available Union instruments in the field of civil justice.

A further objective of the ECLJ project is to overcome geographical and language barriers in order to create a common European judicial area.

The development of legal language skills is an ancillary objective of the training project, which is carried out by means of legal language training linked to the specific terminology used in the application of competition law.

The added value of the project is inherent in the intention to implement mechanisms aimed at improving the implementation phase of EU competition law, focusing on the consistent and harmonious application of the competences of national judges in the field of competition law, all this in order to fill the effective lack of coordination between the different national systems of the EU Member States.

Programme

Main Area: Improvement of knowledge, application and imterpretation of EU competition law
Ancillary Area: Development of legal linguistic skills of national judges
The second goal of the ECLJ project is the overcoming of the geographical/linguistic barriers to the benefit of the creation of a common European judicial area.

Priorities

Main Area:

Improvement of knowledge, application and imterpretation of EU competition law

The project "PRESENT AND FUTURE OF EU COMPETITION LAW FOR THE NATIONAL JUDGES: A WORKABLE APPROACH", focuses on the following priorities:

Training on the application and the scope of Articles 101 and 102 TFEU and relevant secondary Law, such as the block exemption regulations; The main topics of this priority are the following:

  • Institutional design and substantive provisions of EU competition law;
  • Perspective of a National Civil law Judge;
  • Introduction to the scope of application of Article 101 TFUE:
    • Panel I: Concept of Undertaking;
    • Panel II: Concept of Agreement, Cartels and Anti-competitive Agreements;
    • Panel III: Concerted practice;
    • Case studies;
  • Introduction to the scope of application of article 102 TFUE:
    • Panel I: Concept of dominance under Article 102 TFUE;
    • Panel II: Abuse of Dominance Position;
    • Panel III: Types of abuse of Dominance Position:
      • Exploitative conducts: excessive pricing;
      • Exclusionary conducts: predatory pricing;
      • Exclusionary conducts: margin squeeze;
      • Exclusionary conducts: fidelity rebates, bunding and tying;
      • New types of abuse of dominance: IP and high-tech markets;
    • Case studies;
  • Concept of effect on trade between Member States:
    • Case studies;

Training activities focusing on the application of competition law in regulated industries (such as the energy, telecommunications or pharmaceutical sector and in the framework of IP rights).

The main topics of this priority are the following:

  • Scope of application of competition law in regulated sectors;
  • Concepts of an undertaking and of an association of undertakings applied to public bodies (i.e. public bodies as undertakings vs public bodies as regulatory bodies);
  • Competition law enforcement in the Telecom case;
  • Licensing Agreements and Other Agreements Involving Intellectual Property Rights.

In the framework of State aid Modernisation and the new enforcement role of national courts, training activities focusing on State Aid.

The main topics of this priority are the following:

  • Scope of application of competition law in regulated sectors;
  • Concepts of an undertaking and of an association of undertakings applied to public bodies (i.e. public bodies as undertakings vs public bodies as regulatory bodies);
  • Competition law enforcement in the Telecom case;
  • Licensing Agreements and Other Agreements Involving Intellectual Property Rights.

The main topics are the following:

  • Panel I: Notion of State aid
    • Method of financing of the aid through parafiscal levies;
    • Services of General Economic interest;
  • Panel II: The regulations adopted in the framework of the State aid modernization exercise;
    • the De minimis Regulation and;
    • the General Block Exemption Regulation;
  • Panel III: The role of national courts in implementing State aid law
    • based on the notice on the enforcement of State aid law by national courts;
    • based on the Recovery notice;
    • the request for provisional measures brought before the courts and its interaction with the EU Court proceedings;
    • The special attention to be paid to the principle of domestic res judicata vis-à-vis the effectiveness of EU legal regulations on the State aid.
  • Panel IV: Competition law proceeding and fundamental rights;
  • Panel V: Prohibition of state aid and derogatory labor law;
    • State aid and national public intervention policies to support employment;
    • Employment incentives and possible exemptions from the ban on state aid;
  • Panel VI: The creative role of dialogue between the Court of Justice and national courts in balancing competition law with fundamental social rights;
    • Free competition and "Job creation";
    • Case studies.

Ancillary Area:

Development of legal linguistic skills of national judges

The second goal of the ECLJ project is the overcoming of the geographical/linguistic barriers to the benefit of the creation of a common European judicial area.

The development of legal linguistic skills is also the ancillary focus of our training programme, in particular:

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