KDEC 9815 - Competition and innovation

KDEC 9815 · Spring semester 2025-2026

Language of tuition
English
Course type
Cours séminaire
Number of hours
24
Credits
4

Information

Description

This course analyses the relationship between competition and innovation and how innovation concerns are increasingly integrated into competition law analysis in Europe and the US. It focuses in particular in the digital and pharma sector.

The structure of the course is the following:

  • An introduction on the relationship between competition, innovation and competition law;
  • Simulation exercise in group: imagine a new innovative digital platform and the corporate strategies to grow and compete with existing and potential competitors; discussion of which strategies could be anti-competitive;
  • Interplay between abuses of dominant position and innovation and analysis of some cases in France (Google/Gibmedia, Google/Publishers) and in the EU (Microsoft, Huawei);
  • Interplay between anti-competitive agreements and innovation, in particular in the pharma industry and analysis of some EU cases (Servier);
  • How innovation is integrated into merger analysis, in particular in case of big tech acquisitions such the acquisitions (WhatsApp and Giphy by Meta);
  • When competition law needs to be complemented by regulation: the EU Digital Markets Act and innovation.

The course is based on a group case study, the analysis of landmark cases in France, UK, EU and the US as well as discussion of key academic contributions on both sides of the Atlantic.

Assessment

The evaluation will be based on:

Active participation in the class and presentation of the cases;

An essay to be written based on the group case study done in class;

An oral open book exam of to discuss the essay and another question dealt in class.

Workload

ome compulsory readings before some class and one case to be prepared and presented during the whole course

Readings

Main readings 5

  1. - N. Petit and D.J. Teece (2021), Innovating Big Tech firms and competition policy: favoring dynamic over static competition, Industrial and Corporate Change 30, 1168–1198

    Read online

  2. - P. Larouche (2008). “The European Microsoft Case at the Crossroads of Competition Policy and Innovation”, Antitrust Law Journal 75: 933.

  3. - T. Wu (2012), ‘Taking Innovation Seriously: Antitrust Enforcement If Innovation Mattered Most’, Antitrust Law Journal 78, 313-328

  4. - W. Kerber (2018) Competition, Innovation, and Competition Law: Dissecting the Interplay, in B. Meyring, D. Gerard, E. Morgan de Rivery (eds), Dynamic markets, Dynamic competition and dynamic enforcement, Bruylant, 33-62

    Borrow

  5. M. Bourreau and A. de Streel (2020), Big Tech Acquisitions: Competition & Innovation Effects and EU Merger Control, CERRE Issue Paper.

    Read online

Further readings 1

  1. - G. Federico, F. Scott Morton, and C. Shapiro (2019), “Antitrust and innovation: Welcoming and protecting disruptions”, in J. Lerner and S. Stern (eds), Innovation Policy and the Economy 20, University of Chicago Press, read only 125-162

Teaching units

Unit no.Unit type Teaching unitsTeachers Number of hoursCredits
54357Cours séminaire Competition and innovation —244