Economic Data Law

Provided by: Tilburg
Master's degree (EQF level: 7)

The course provides students with an advanced understanding of the competition law issues relevant to technology industries. The focus is on the three branches of competition law targeted at undertakings namely restrictive practices (Article 101 TFEU) abuse of dominance (Article 102 TFEU) and merger control. Where relevant by way of comparison reference will also be made to national competition cases of the EU Member States and to US antitrust cases.

The course studies the application of the main EU competition law sources in selected technology industries including energy pharma telecoms and digital platforms. Attention is also paid to how competition law intersects with intellectual property and data protection law in these sectors. By means of interactive sessions the course deals with these issues at an advanced level so that students understand and can critically reflect on the complex legal and economic challenges raised by technology industries.

The course is divided into three parts each of which relates to a particular objective or interest that is becoming associated with competition enforcement: namely 1. autonomy 2. level playing field and 3. innovation. The three overarching themes point at the need for competition law to continuously evaluate the boundaries of what constitutes an illegal practice reflecting market developments and novel commercial behavior facilitated by new technologies. This is not a straightforward exercise because the line between behavior and that is beneficial to welfare and conduct that excludes competition is increasingly difficult to draw especially in fast-moving markets. As commercial practices start to blur the boundaries between legal fields that are becoming interconnected the focus on the three themes also provides opportunity to discuss issues at the interface of competition enforcement with other forms of regulation including intellectual property data protection and newly emerging regulation like the Digital Markets Act.

Against this background the course discusses a range of issues at the very heart of current discussions in the field of competition law including 1. self-preferencing and discrimination 2. exploitative data practices 3. the role of data protection in merger review 4. collusion and 5. pay-for-delay.

Prerequisites: This course requires having completed education comparable to

Examination: Written assignment in the form of a case note (20%) and written open-book exam (80%)

  • 2024/2025 - semester 1 of 2 (Fall/Winter)

    Course start date 2024-08-26
    Course end date 2025-01-26
    Language English
    Credits 6 (ECTS)
    Grading scheme: Grades are awarded on a 10-point scale with 10 being the highest grade and 6 the minimum pass grade. The grades 1-3 are hardly ever awarded and 9 and 10 are very rare.