Course Description
Competition policy has long been regarded as an essential framework for any economy based on market exchange. Its logic is not confined to capitalist systems; rather, it establishes the conditions under which markets can function at all. Traces of such principles can already be discerned in the Roman world two millennia ago, anticipating many features of modern regimes. In recent years, competition has also been valued as a mechanism for stimulating innovation across a wide range of fields, extending far beyond its important role in driving price rivalry.
Unlike other areas of law, there has never been a codified body of international competition law. Yet practice has always carried a strong cross-border dimension. The case of Google in Europe is emblematic: multiple abuses of a dominant position by a U.S. company not only harmed European consumers but also affected European firms, as well as other companies operating within the EU. Many of the latter were themselves U.S. firms, such as DuckDuckGo.
Traditionally, transatlantic cooperation between the European Union and the United States provided an anchor for international enforcement. These two jurisdictions have also been at the origin of several international initiatives in the field, most notably the creation and promotion of the International Competition Network. The OECD, though a more limited “club” of states, has likewise played an influential role in shaping cross-jurisdictional competition policy.
In recent months, however, the pace of history has accelerated. Established alliances have weakened, autocracies have flourished, and new partnerships among democratic blocs are bound to shape global competition policy in novel ways.
This course begins with a brief historical excursus before moving swiftly to the current order. The beginning of modern legislation in the field of competition policy is usually identified with the enactment of the Sherman Act in the United States in 1890, often regarded as the foundational statement of modern antitrust principles. These principles directly influenced the provisions of the Treaty of Rome, which founded the European Economic Community in the late 1950s. Competition was enshrined there into core legal provisions, as it was seen as an important tool to achieve the European single market—a pivotal project, all of which was to be based firmly on the rule of law.
In the closing decades of the twentieth century, competition policy spread widely, with antitrust legislation being adopted in almost every jurisdiction, including China. Yet rather than being strengthened, it often lost force under the prevailing neoliberal ideology. That system rested on a stylised belief that markets tended to function well on their own, requiring only minimal intervention in cases of market failure. The result was a competition policy that became hesitant, overly cautious, and in many respects ineffective.
Today, however, we are entering a post-neoliberal phase. This shift poses new challenges for competition policy, which must be re-imagined and made more effective in order to confront the multiplication of monopolies, particularly in key sectors such as digital technologies and global platforms.
The course will adopt a pragmatic, case-based approach, relying on inductive reasoning rather than abstract theory. From the outset, students will be actively engaged with leading cases and encouraged to draw broader lessons from them. Class sessions will provide ample opportunity for discussion and group work. The material provided will focus on case analysis and critical reflection, always with an eye to the broader context of profound change. What has been done in the past may prove of limited use for the future, and it is precisely this transition that the course aims to address.
Learning Outcomes
By the end of the course, students will be able to:
- Understand what competition policy is and how it is designed to shape the functioning of a market economy.
- Recognise how the principles of competition policy are being transformed in light of the digital economy, the growing role of data as a source of value, and the rise of AI.
- Apply these principles to future-oriented scenarios, whether from the perspective of a business, a policy-making role, or a consultancy context.
- Use competition policy concepts in a strategic way, linking theory to practical challenges.
- Identify avenues for further study and research in competition law and policy.
Assessment
Active participation is both mandatory and strongly encouraged, as it forms an integral part of the final grade. Students will be expected to contribute through presentations and small group assignments conducted throughout the course.
The final examination will be written ("paper and pen") and divided into two parts:
- a theoretical section with three open-ended questions;
- a case-based section, consisting of one question relating to a case discussed during the course.
Course Materials and Weekly Assignments
There is no single textbook for this course. Instead, students will receive weekly assignments consisting of readings and case materials. Each class session will build directly on this material, which together forms the required study corpus for the final exam. Weekly study and active participation are therefore not only encouraged but are in themselves the most effective preparation for the assessment.
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