This course examines the principal issues arising from the application of Articles 101 and 102 TFEU to practices aimed at furthering innovation and investment. It will include a consideration of the following topics:
- Article 101 TFEU: current approaches to prima facie anti-competitive agreements in general; legal implications of joint venture arrangements and the application of Article 101(3) to individual cases; the current Block Exemption on Technology Transfer Agreements.
- Article 102 TFEU: current approaches to abuses of dominant position generally - the 2009 Enforcement Priorities' document; abuse of dominance in innovative industries - the problem of network effects; issues arising from the application of Article 102 to industry leaders refusals to deal and to license.
By the end of the course students should be able to:
- critically analyse the most common arrangements leading to the emergence of new products and technologies in light of the EU competition rules;
- discuss possible implications of the application of Articles 101 and 102 to the most common commercial practices occurring in investment driven industries;
- identify problems and possible tensions between the demands of competitive markets and the need to continue encouraging innovation in the long term;
- suggest solutions to these problems.
4000-word essay (60%); assessed course work (20%); participation in online activity (20%).
Terms and conditions
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