Seminar 6: Competition Law and Contract Law
NB THIS SESSION IS ALSO PART OF THE COMPETITION & REGULATION WORKING GROUP. We start at 10 AM and meet in Sala Europa.
Our guest speaker, Dr Pinar Akman (UEA) will kick off with a presentatin of her paper that has been circulated.
Contract Law remains national, albeit Europeanised in both positive ways (e.g. the consumer acquis) and negative ways (e.g. the requirements that EU-based rights are effectively protected). This seminar considers the intersection between contract law and competition law from a different perspective, and asks how contract law doctrines fare when confronted with competition law concepts.
Akman ‘The Relationship between Economic Duress and Abuse of a Dominant Position’
Lucey ‘Europeanisation and the Restraint of Trade Doctrine’ (2012) Legal Studies (not published yet, but available electronically from the journal’s website)
Case C-453/99 Courage v Crehan  ECR I-6297
Please identify, in the national contract law system you are familiar with, what doctrines appear analogous to economic duress as explored in the paper by Akman, and discuss to what extent the approach by the national courts to this phenomena is comparable (or not) to that taken by antitrust law
In US Law it is common for plaintiffs to use antitrust even for contractual disputes because of the lure of treble damages. This does not occur in the EU, but are there any differences in remedies between contract law and competition law that might shape a party’s litigation strategy?
Is it useful to ask whether competition law can teach something to contract law, or vice versa?
Does it at all matter that we are looking at the intersection between EU competition law and contract law, and not national competition law?
** A particularly helpful analysis is found in Trebilcock The Limits of Freedom of Contract (1997) ch.4
Those unfamiliar with economic duress can have a look at Mc Meel ‘Threatened Breach of Contract and Refusal to Supply’ (1996) 5 Nottingham Law Journal 120
Glick, Bush and Hafen ‘The Law and Economics of Post-Employment Covenants: A Unified Framework’ (2002) 11 George Mason Law Review 357
Schepel ‘The Enforcement of EC Law in Contractual Relations: Case Studies in How Not to ‘Constitutionalize’ Private Law’ (2004) European Review of Private Law 661