EU Competition Law and Digital Markets

Timetable

Module aim (aims)

The basic objective is to explain the regulatory framework and recent legal developments regarding the interplay between EU Competition law and conducts by certain actors in digital markets, including the key role of the so-called “gatekeepers” who may prevent or enhance the free flow of information in the digital single market.

The objective is to deliver knowledge of different rights and obligations that different digital market actors may derive from EU Competition rules. These types of actors include online platforms, gatekeepers, other online service providers and end users.

The other objective is to provide understanding on how certain actors impact the digital markets and to what extent as well as how precisely competition rules may prevent that such impact occurs abusive.

Following the problem-based-learning method students will be able identify relevant legal framework, relevant case law and soft law (such as recommendations or best practices); research information and use various EU online portals and databases facilitating access to information regarding EU law and practice.

Pre-requisites in terms of knowledge, skills and social competences (where relevant)

Basic knowledge of EU substantive law and single market. Knowledge of basic EU Competition Law will be an asset, but is not required.

Syllabus

Week 1: Primary rules and objectives of EU competition law       

Week 2: Characteristics of digital markets and market actors      

Week 3: Specific competition challenges in digital markets and reactions in the light of traditional legal framework

Week 4: Specific competition challenges in digital markets: case studies (I)        

Week 5: Specific competition challenges in digital markets: case studies (II)       

Week 6: The Digital Markets Act: the need for specific regulation. Objectives and key concepts. Social and economic role of digital services and online platforms regulation 

Week 7: The Digital Markets Act: specific obligations for gatekeepers      

Week 8: Competition rules in the Digital Services Act     

Week 9: Enforcement: general competition law, Digital Markets Act and Digital Services Act

Week 10: Coherence and effectiveness of the new competition rules in digital markets  

Reading list

Given the nature of the lecture (very recent regulatory framework, limited availability of books on the matter), selected reading materials will be circulated on a rolling basis in the course of the semester.

Reading materials include legislation, valuable Internet sources and books on EU competition law:

• Regulation 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector (Digital Markets Act)
• Council Regulation No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty
• Chalmers D., Davies G., Monti G., European Union Law. Cases and Materials
• Monti G., EC Competition Law
• Wish R., Competition Law