European Business Law: Competing in Europe

About this course: About this Course This six-week course titled Competing in Europe is the third in a series of three exploring some of the main business aspects of European Union law. Besides providing learners with a sound knowledge base of European laws and regulations, the series explores business considerations within a broader perspective by including inputs from leading law practitioners in the field. More specifically, the third course discusses how to compete on the internal market and protect your brand, product or invention. It includes legal disciplines such as Intellectual Property law (IP law), Competition law and specific branches within Public law, such as public procurement and state aid. At the end of this course, you will have a basic understanding of how to: • Find and understand relevant laws and regulations governing the internal European Union market • Protect and defend a company’s products, brands and inventions by obtaining and licensing trademarks and patents • Create a competitive edge for a company and apply the basic principles of EU competition law • Construct and present a persuasive legal argument About the Series The Lund series in European Business Law ranges from considering the basic structures and principles of the European Union to focusing on specialized areas of European Union law. The first course, Understanding the Fundamentals, examines the core structures and principles of the European Union. The second course, Doing Business in Europe, examines legal areas such as Company law, Labour law, Tax law, Environmental law and Private International law, and how they tie in to doing business in Europe. All three courses can be taken independently or in sequence depending on your needs and preferences. To keep up to speed on the course series, visit our Facebook page at: https://www.facebook.com/eblmooc/ Syllabus and Format Each course consists of a number of modules where one module represents about one week of work. A module includes a number of lectures and readings, and finishes with an assessment – a quiz or a peer graded assignment. The assessments are intended to encourage learning and ensure that you understand the material of the course. Participating in forum discussions is voluntary. Course I - Understanding the Fundamentals Module 1. Introduction Module 2. Legal Method and Sources Module 3. Constitutional Freedoms and Fundamental principles Module 4. Freedom of Movement Module 5. The External Dimension Course II - Doing Business in Europe Module 1. Making Business Transactions Module 2. Establishing a Company Module 3. Employing and Working in Europe Module 4. Paying Taxes and Complying with Environmental Standards Module 5. Case Clinic Module 6. Resolving Cross-border Disputes Course III - Competing in Europe Module 1. Obtaining Trademarks Module 2. Defending Patents Module 3. Competition: Illegal Agreements Module 4. Competition: Abuse of Dominance and Mergers Module 5. Advocacy and Legal Writing Module 6. Selling to the State and State Aid Lund University Lund University was founded in 1666. The Faulty of Law is a modern faculty with an international profile, welcoming both international and Swedish students. The university offers two international Masters: European Business Law and Human Rights Law. The former provides an in-depth understanding of both the practical and the theoretical aspects of business law within the European Union. The programme provides both general and specific knowledge of the European Union legal framework, which is necessary for students intending to work as legal advisors or business decision-makers. Education, research and interaction with the surrounding community are the main focus of the Faculty’s work. The connection between the three is particularly apparent in the programmes and courses offered by the university, including the university’s MOOC course in European Business Law. The students get the chance to engross themselves in traditional legal studies, while interacting with both researchers and professionally active lawyers with qualifications and experience from various areas of law.

Who is this class for: The course is useful to persons both inside and outside the European Union, whether they are students, professionals, or simply interested in the European Union and/or European Business Law. The series is ideal for entrepreneurs and businessmen/women who plan to work or do business in a European context and want to sharpen their competitiveness. For lawyers it is a great course to take in order to refresh European Union law or to gain an understanding of law in the context of European business. Those preparing for a legal career will also benefit from the course as it gives a good understanding of European Union law while including lectures by some of the most leading academics and practitioners in the field. Prior knowledge of law and the European Union is an advantage, but not a prerequisite. If you have taken our introductory course on Understanding the EU Fundamentals and our second course Doing Business in Europe, you might however have a bit of head start.

Created by:  Lund University

• Taught by:  Hans Henrik Lidgard, Senior Professor

  Faculty of Law

• Taught by:  Xavier Groussot, Pro Dean and Professor

  Faculty of Law

• Taught by:  Julian Nowag, Senior Lecturer

  Faculty of Law

• Taught by:  Jörgen Hettne, Associate Professor

• Taught by:  Justin Pierce, Doctoral student

• Taught by:  Magnus Schmauch, Lecturer

  Faculty of Law

• Taught by:  Ulf Maunsbach, Associate Professor

  Faculty of Law

Language English How To Pass Pass all graded assignments to complete the course. User Ratings 4.8 stars Average User Rating 4.8See what learners said Coursework

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Lund University Lund University was founded in 1666 and for a number of years has been ranked among the world’s top 100 universities. The University has 47 700 students and 7 500 staff based in Lund, Sweden. We are united in our efforts to understand, explain and improve our world and the human condition.

Syllabus


WEEK 1


Trademarks as Essential Assets



The first module examines trademarks, one of the most valuable assets that a company actually has. It gives a brief description of the history of intellectual property law (IP) protection. The module considers the main sources of law, case law and pertinent trademark strategies. It also looks at how a proprietor can exercise their trademark rights in a useful way, successfully preventing a third party from using an identical or similar sign.


7 videos, 7 readings expand

1. Video: Welcome to the Course
2. Reading: Course instructions
3. Reading: Synopsis
4. Video: Brand and Trademark Strategy
5. Reading: Brand and Trademark Strategy
6. Video: Trademark Law and Global Harmonization
7. Reading: Trademark Law and Global Harmonization
8. Video: Introducing European Trademark Law
9. Reading: Introducing European Trademark Law
10. Video: Obtaining and managing EU Trademark Protection
11. Reading: Obtaining and Managing EU Trademark Protection
12. Video: Safeguarding EU Trademark Protection
13. Reading: Safeguarding EU Trademark Protection
14. Video: A Practitioner's View- Kristina Fredlund

Graded: Trademarks as Essential Assets

WEEK 2


Defending Patents



The second module examines the role patents play in business transactions. It examines strategies and advantages/disadvantages of patent protection. The module looks into the substantive rules regarding the requirements for patent protection and how to obtain a patent. It introduces strategies to capitalize and possibilities to license rights to third parties. Finally, it discusses potential ways to misuse a patent.


6 videos, 5 readings expand

1. Video: Patents as a Strategic Tool
2. Reading: Patents as a Strategic Tool
3. Video: European Patent Protection
4. Reading: European Patent Protection
5. Video: Protecting a Solution to a Problem
6. Reading: Protecting a Solution to a Problem
7. Video: Capitalizing from your Patent
8. Reading: Capitalizing your Patent
9. Video: Patent Misuse or Anti-trust Abuse
10. Reading: Antitrust Infringement and Patent Misuse
11. Video: A Practitioners View- Maria Stenbäck

Graded: Defending Patents

WEEK 3


Competition: Illegal Cooperation



The third module gives an overview of the European competition regime. Competition is a key element of an open market economy that stimulates European economic performance. The module describes the three core regulations pertinent to European competition law, including article 101 and 102 TFEU, as well as the European Merger Regulation. It considers how particular agreements or behaviour is anti-competitive and the four main aspects when establishing a breach of article 101 TFEU.


6 videos, 5 readings expand

1. Video: Introduction to European Competition Law
2. Reading: Introduction to European Competition Law
3. Video: Why Competition Law?
4. Reading: Why Competition Law?
5. Video: Defining the Market
6. Reading: Defining the Market
7. Video: Anti-competitive behaviour Part I
8. Reading: Anti-competitive Behaviour Part I
9. Video: Anti-competitive behaviour Part II
10. Reading: Anti-competitive Behaviour Part II
11. Video: A Practitioners View- Marcus Glader

Graded: Competition: Illegal Cooperation

WEEK 4


Competition: Abuse of Dominance and Mergers



The module examines article 102 TFEU, which prohibits the abuse of a dominant position within the internal market. It also provides an overview of secondary law and EU merger regulations. The module provides a brief history of merger regulations in the EU, the substantive elements and finally, the procedural rules in merger cases. The last three lectures provides practical aspects of competition law, looking at how the Commission carries out an investigation, its powers to reach a conclusion and to implement sanctions.


6 videos, 5 readings expand

1. Video: Abusing a Dominant Position
2. Reading: Abusing a Dominant Position
3. Video: Merging Businesses
4. Reading: Merging Businesses
5. Video: Competition Procedure
6. Reading: Competition Procedure
7. Video: Inquiries and Investigations by the Commission
8. Reading: Inquiries and Investigation by the Commission
9. Video: Penalties and Sanctions
10. Reading: Penalties and Sanctions
11. Video: A Practitioners View- Marcus Glader

Graded: Competition: Abuse of Dominance and Mergers

WEEK 5


Legal Writing and Argumentation (optional)



The module includes a series of lectures on how to create a legal argument and present it to a court. It focuses on universally applicable advocacy strategies, without regard to the particular legal system in which the learner practice or study. It includes classical rhetoric while also considering practical aspects of constructing a persuasive written argument. It concludes with a lecture on structuring an oral argument and its delivery.


6 videos, 4 readings expand

1. Reading: Compendium Week 5
2. Video: Introduction to Advocacy and Legal writing
3. Video: Writing a Persuasive Legal Memorandum Part I: Laying the Foundation
4. Video: Writing a Persuasive Legal Memorandum Part II: Substance, Structure and Style
5. Video: Keys to Maximizing Persuasion
6. Video: Crafting a Persuasive Oral Argument
7. Video: A Practitioner's View- Rosa Kim
8. Reading: Article 101 TFEU
9. Reading: Sample Objective Memo
10. Reading: The Hagen Case

Graded: Legal Argumentation

WEEK 6


Selling to the State and State Aid



The final module addresses some of the key interactions taking place between law, politics and economics. It considers the role Public Procurement law plays within the EU and the main legal framework. It outlines the State aid control system and the procedural elements of the State aid assessment.


7 videos, 6 readings expand

1. Video: What is State Aid?
2. Reading: What is State Aid?
3. Video: How to Control State Aid
4. Reading: How to Control State Aid
5. Video: Services of General Economic Interest
6. Reading: Services of General Economic Interest
7. Video: The Framework of Selling to the State
8. Reading: The Framework of Selling to the State
9. Video: Publications to Contract Signing
10. Reading: Publications to Contract Signing
11. Video: Environmental and Social Clauses
12. Reading: Environmental and Social Clauses
13. Video: A Practitioner's View- Martin Levinsohn

Graded: Selling to the State and State Aid