KDEC 9815 - Competition and innovation

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.

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.

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