European Competition and Innovation

Course summary

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.

Learning outcomes

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.

Assessment

4000-word essay (60%); assessed course work (20%); participation in online activity (20%).

Terms and conditions

Please note the University reserves the right to make variations to the contents of programmes, including the range of courses offered, and the available choice of courses in any given year may change.

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