Competition law in the digital age

Recommended Prerequisites

Not applicable.

Teaching Methods

Presention of the fundamental contents with the monitoring of the applicable legal norms. Analysis of applicable legislation. Frequent questioning of students requesting a critical analysis of concrete cases. Critical analysis of decisions by the Competition Authority and the European Commission. Resolution of practical cases.

Learning Outcomes

General bjectives:

a)Knowledge of the fundamental rules of Portuguese and European Union competition law;

b)Acquisition of tools to enable informed and sustained business decisions;

c)Understanding of the role and functions of the Competition Authority, the European Commission and the courts in defending competition;

d)Identifying infringements of competition law and knowledge of public and private enforcement mechanisms;

e)Understanding of the consequences associated with the practice of infringements of competition.

Skills:

a) Understand the transformations brought by Big Data and artificial intelligence in competition regulation;

b) Distinguish between allowed practices/operations and practices/operations forbidden by the Competition Law;

c) Know to whom to address a complaint for breach of competition law.

Work Placement(s)

No

Syllabus

§ 1 Competition at the digital era

§ 2 The Undertaking

§ 3 Public enforcement and private enforcement of competition law

§ 4 Agreements between undertakings restricting competition - legal elements

§ Agreements between undertakings which are justified

§ 6 Abuse of dominant position on digital market

§ 7 Mergers and anti-competitive effects of the digital age

§ 8 Administrative offence and penalties for companies and directors

§ 9 Leniency, transaction and limitation period.

Head Lecturer(s)

Maria Elisabete Gomes Ramos

Assessment Methods

Assessment
Periodic or by final exam as given in the course information: 100.0%

Bibliography

EZRACHI, Ariel / STUCKE, Maurice E.,  Virtual Competition, Harvard Univ. Press, Cambridge Massachusetts, 2016.

HENRIQUES, Miguel Gorjão (dir.). Lei da Concorrência. Comentário Conimbricense, 2ª ed, Coimbra: Almedina, 2017.

MORAIS, Luís D. S. - Os conceitos de objecto e efeito restritivos da concorrência e a prescrição de infracções de concorrência. Coimbra : Almedina, 2009.

 PATTERSON, Mark R.  Antitrust Law in the New Economy, Harvard Univ. Press, Cambridge – Massachusetts, 2017.

POŠĆIĆ, Ana / MARTINOVIĆ, Adrijana, "EU competition law in the digital era. algorithmic collusion as a regulatory challenge", EU AND COMPARATIVE LAW ISSUES AND CHALLENGES SERIES (ECLIC) – ISSUE 4.

SILVA, Miguel Moura e - O abuso de posição dominante na nova economia, Coimbra: Almedina, 2010.

SILVA, Miguel Moura e, Direito da Concorrência, Lisboa: AAFDL, 2018.

STUCKE, Maurice E. / GRUNES, Allen P., Big Data and Competition Policy, Oxford Univ. Press, 2016.