The aim of the course is to build on the study of competition law (antitrust) in the narrow sense (which is the content of the prerequisite Antitrust Law) by interpretation, discussion and practice of analysis directed to the regulation of markets seeking to maintain open and fair competition. The scope of the course is the protection of the competitive structure of EU markets in particular from the effects of mergers and takeovers and the evolving EU regulation of fair and open digital markets. Some attention is also paid to international overlaps, both comparable regulation in the US and the transnational debate on the future direction of competition protection in the high-tech industries of the future.
The first part of the course focuses on the interpretation of the EU merger control legislation and application practice, including the latest developments in the treatment of killer acquisitions, cross-ownership and interlocking directorates, as well as protection against takeovers with the help of foreign subsidies. The second part of the course will focus on the evolution of the EU's approach to competition protection in the online environment, the content and application of the Digital Markets Act, related soft-law and expert discussion. Also included are recent proposals for a so-called participatory antitrust, a New Brandeisian antitrust, and a complexity antitrust, as well as other similar attempts at a new approach to the concept of open and dynamic competition protection. In both parts of the course, the emphasis is on the analysis of practical examples and the monitoring of recent case law.
Graduates of the course will gain a more comprehensive and organised view of modern trends in competition protection, focusing on the pro-competition legal regulation of markets not only in the EU. They will understand the differences between classical antitrust on the one hand and the later adopted and constantly evolving protection of the open competition structure of markets on the other. They will become familiar with the current debate on how to protect competition in dynamic high-tech industries. The graduate will be able to analyse and solve competition distortion cases, both with the help of classical antitrust tools and with the help of new tools and approaches to protect open competitive markets.
The main method of teaching will be, besides the teacher's presentations, mainly individual and group presentations of students, solving assigned and independently searched competitive cases and their active discussion.
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
The aim of the course is to build on the study of competition law (antitrust) in the narrow sense (which is the content of the prerequisite Antitrust Law) by interpretation, discussion and practice of analysis directed to the regulation of markets seeking to maintain open and fair competition. The scope of the course is the protection of the competitive structure of EU markets in particular from the effects of mergers and takeovers and the evolving EU regulation of fair and open digital markets. Some attention is also paid to international overlaps, both comparable regulation in the US and the transnational debate on the future direction of competition protection in the high-tech industries of the future.
The first part of the course focuses on the interpretation of the EU merger control legislation and application practice, including the latest developments in the treatment of killer acquisitions, cross-ownership and interlocking directorates, as well as protection against takeovers with the help of foreign subsidies. The second part of the course will focus on the evolution of the EU's approach to competition protection in the online environment, the content and application of the Digital Markets Act, related soft-law and expert discussion. Also included are recent proposals for a so-called participatory antitrust, a New Brandeisian antitrust, and a complexity antitrust, as well as other similar attempts at a new approach to the concept of open and dynamic competition protection. In both parts of the course, the emphasis is on the analysis of practical examples and the monitoring of recent case law.
Graduates of the course will gain a more comprehensive and organised view of modern trends in competition protection, focusing on the pro-competition legal regulation of markets not only in the EU. They will understand the differences between classical antitrust on the one hand and the later adopted and constantly evolving protection of the open competition structure of markets on the other. They will become familiar with the current debate on how to protect competition in dynamic high-tech industries. The graduate will be able to analyse and solve competition distortion cases, both with the help of classical antitrust tools and with the help of new tools and approaches to protect open competitive markets.
The main method of teaching will be, besides the teacher's presentations, mainly individual and group presentations of students, solving assigned and independently searched competitive cases and their active discussion.
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
Requirements to the exam -
1.Assessment will take place both during the semester and in the final exam.
2.During the semester, the student may earn 30% of the final grade by making an individual presentation of a case, study, or problem.
3.The weight of the end-of-course exam in the final grade is the remaining 70%. This final exam of 60 minutes will be a professional essay on a given topic. The use of printed aids, i.e. texts, notes (not electronic aids) is allowed if they are properly cited in the written work.
Example of an individual presentation / essay assignment:
Prepare a two pages brief on the new competition tool provisions in the current legislation of country X with at least one example of their implementation.
Example of a final exam assignment:
Is the online economy so different from the bricks and mortar economy that it requires new concepts, new objectives and new competition protection instruments? Carefully consider and organise all applicable arguments, supporting your answers with references to sources and examples from practice to make your solutions as convincing as possible.
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
1.Assessment will take place both during the semester and in the final exam.
2.During the semester, the student may earn 30% of the final grade by making an individual presentation of a case, study, or problem.
3.The weight of the end-of-course exam in the final grade is the remaining 70%. This final exam of 60 minutes will be a professional essay on a given topic. The use of printed aids, i.e. texts, notes (not electronic aids) is allowed if they are properly cited in the written work.
Example of an individual presentation / essay assignment:
Prepare a two pages brief on the new competition tool provisions in the current legislation of country X with at least one example of their implementation.
Example of a final exam assignment:
Is the online economy so different from the bricks and mortar economy that it requires new concepts, new objectives and new competition protection instruments? Carefully consider and organise all applicable arguments, supporting your answers with references to sources and examples from practice to make your solutions as convincing as possible.
Last update: Šicnerová Barbora, Mgr. (08.04.2025)
Syllabus -
The course covers primarily the following topics:
1. Introduction: course information, differences between classical antitrust and the protection of the open competitive structure of markets, illustrative examples
2. Doctrinal discussion on the objectives of competition protection, its priorities and criteria, the importance of an open and fair competitive market structure
3. Mergers: the concept of merger, mergers with EU relevance, examples of authorised and prohibited mergers, assessment of the effects of mergers, criteria and procedures applied by the European Commission and the Court of Justice of the EU
4. Recent trends in merger control: cases of killer takeovers, cross-ownership and interlocking directorates.
5. Recent trends in internal market protection: foreign subsidy takeovers, protection of EU strategic interests and competition aspects of the new EU industrial policy
6. Online environment, IT technologies, Big data, AI and competition protection
7. The so-called New Competition Instrument, its design and application in Member States and the debate at EU level.
8. Digital Markets Act (Regulation 2022/1925)
9. Application of the Digital Markets Act - European Commission practice and expert discussion
10. Other options and approaches to protect open competitive markets, comparing the EU/US debate
11. Protection of competition under complexity (the so-called economics and antitrust complexity)
12. Students' individual presentations and discussion
Last update: Šicnerová Barbora, Mgr. (28.08.2025)
The course covers primarily the following topics:
1. Introduction: course information, differences between classical antitrust and the protection of the open competitive structure of markets, illustrative examples
2. Doctrinal discussion on the objectives of competition protection, its priorities and criteria, the importance of an open and fair competitive market structure
3. Mergers: the concept of merger, mergers with EU relevance, examples of authorised and prohibited mergers, assessment of the effects of mergers, criteria and procedures applied by the European Commission and the Court of Justice of the EU
4. Recent trends in merger control: cases of killer takeovers, cross-ownership and interlocking directorates.
5. Recent trends in internal market protection: foreign subsidy takeovers, protection of EU strategic interests and competition aspects of the new EU industrial policy
6. Online environment, IT technologies, Big data, AI and competition protection
7. The so-called New Competition Instrument, its design and application in Member States and the debate at EU level.
8. Digital Markets Act (Regulation 2022/1925)
9. Application of the Digital Markets Act - European Commission practice and expert discussion
10. Other options and approaches to protect open competitive markets, comparing the EU/US debate
11. Protection of competition under complexity (the so-called economics and antitrust complexity)
12. Students' individual presentations and discussion
Last update: Šicnerová Barbora, Mgr. (28.08.2025)
Learning resources -
Basic literature:
1. Electronic study support - overview of basic documents and case law for the course with links to their location on the web, in particular:
a. Documents from the website of the European Commission, DG Competition, https://competition-policy.ec.europa.eu/index_en
b. Case law of the EU Court of Justice http://curia.europa.eu
c. FTC (former) Chair Lina Khan’s articles on antitrust - https://scholar.google.com/citations?user=W9yXICgAAAAJ&hl=en
2. UNCTAD Global Competition Law and Policy Approaches to Digital Markets, 2024 https://unctad.org/system/files/official-document/ditcclp2023d7_en.pdf
Other literature:
1. Current primary and secondary sources sent by the instructor during the semester.
2. Arnaudo, L. New competition regulatory tools: Towards a structure behavior-performance framework, Concurrences N° 3-2024 pp. 58-70 https://www.concurrences.com/IMG/pdf/06.concurrences_3-2024_article_arnaudo_3_.pdf?127926/9fa36c85e96502848ec1832b41fc2a3427b1196132c1c8c0ebbaba07b192107e
3. Kraemer, J. Digital markets and online platforms New perspectives on regulation and competition law, CERRE, 2021 https://cerre.eu/wp-content/uploads/2020/11/CERRE_Digital-markets-and-online-platforms_new-perspectives-on-regulation-and-competition-law_November2020.pdf
4. Monti, G. Procedures and Institutions in the DMA. CERRE, 2022 https://cerre.eu/wp-content/uploads/2022/12/DMA_Institutions_and_Procedures.pdf
5. Petit, N. Schrepel, T. Complexity-minded antitrust. Journal of Evolutionary Economics Volume 33, pages 541–570, (2023) https://link.springer.com/article/10.1007/s00191-023-00808-8
6. Kathuria, V. The Rise of Participative Regulation in Digital Markets, Journal of European Competition Law & Practice, Volume 13, Issue 8, December 2022, Pages 537–548, https://academic.oup.com/jeclap/article-abstract/13/8/537/6827726
7. AUC Iuridica II/2023 Digitization and Antitrust https://karolinum.cz/casopis/auc-iuridica/rocnik-69/cislo-2
Basic legislation (always in wording in force and effect as on the date of examination):
1. Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the EC Merger Regulation)
2. Regulation (EU) 2022/1925 of the European Parliament and of the Council on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act)
3. Commission Implementing Regulation (EU) 2023/814 of 14 April 2023 on detailed arrangements for the conduct of certain proceedings by the Commission pursuant to Regulation (EU) 2022/1925 of the European Parliament and of the Council
Other legal regulations (always in wording in force and effect as on the date of examination):
1. Regulation (EU) 2022/2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market
2. Guidelines on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings (2004/C 31/03)
Last update: Šicnerová Barbora, Mgr. (28.08.2025)
Basic literature:
1. Electronic study support - overview of basic documents and case law for the course with links to their location on the web, in particular:
a. Documents from the website of the European Commission, DG Competition, https://competition-policy.ec.europa.eu/index_en
b. Case law of the EU Court of Justice http://curia.europa.eu
c. FTC (former) Chair Lina Khan’s articles on antitrust - https://scholar.google.com/citations?user=W9yXICgAAAAJ&hl=en
2. UNCTAD Global Competition Law and Policy Approaches to Digital Markets, 2024 https://unctad.org/system/files/official-document/ditcclp2023d7_en.pdf
Other literature:
1. Current primary and secondary sources sent by the instructor during the semester.
2. Arnaudo, L. New competition regulatory tools: Towards a structure behavior-performance framework, Concurrences N° 3-2024 pp. 58-70 https://www.concurrences.com/IMG/pdf/06.concurrences_3-2024_article_arnaudo_3_.pdf?127926/9fa36c85e96502848ec1832b41fc2a3427b1196132c1c8c0ebbaba07b192107e
3. Kraemer, J. Digital markets and online platforms New perspectives on regulation and competition law, CERRE, 2021 https://cerre.eu/wp-content/uploads/2020/11/CERRE_Digital-markets-and-online-platforms_new-perspectives-on-regulation-and-competition-law_November2020.pdf
4. Monti, G. Procedures and Institutions in the DMA. CERRE, 2022 https://cerre.eu/wp-content/uploads/2022/12/DMA_Institutions_and_Procedures.pdf
5. Petit, N. Schrepel, T. Complexity-minded antitrust. Journal of Evolutionary Economics Volume 33, pages 541–570, (2023) https://link.springer.com/article/10.1007/s00191-023-00808-8
6. Kathuria, V. The Rise of Participative Regulation in Digital Markets, Journal of European Competition Law & Practice, Volume 13, Issue 8, December 2022, Pages 537–548, https://academic.oup.com/jeclap/article-abstract/13/8/537/6827726
7. AUC Iuridica II/2023 Digitization and Antitrust https://karolinum.cz/casopis/auc-iuridica/rocnik-69/cislo-2
Basic legislation (always in wording in force and effect as on the date of examination):
1. Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the EC Merger Regulation)
2. Regulation (EU) 2022/1925 of the European Parliament and of the Council on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act)
3. Commission Implementing Regulation (EU) 2023/814 of 14 April 2023 on detailed arrangements for the conduct of certain proceedings by the Commission pursuant to Regulation (EU) 2022/1925 of the European Parliament and of the Council
Other legal regulations (always in wording in force and effect as on the date of examination):
1. Regulation (EU) 2022/2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market
2. Guidelines on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings (2004/C 31/03)
