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最終更新日:2024年4月22日

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Big Tech and Competition Law

How Has Competition Law Dealt with Big Tech?
Through analysis and discussion of actual cases, the students will obtain a realistic and accurate understanding of how competition law is dealing with Big Tech.

Tech giants such as Google, Amazon, Facebook, Apple and Microsoft play an important role in the digital economy and in our daily lives. But the rapid growth and market power of these companies has also raised concerns. Have these companies become digital monopolies that threaten competition? Have they abused their market power to exclude smaller competitors?

This seminar will look at how competition law - known in Japan as antimonopoly law 独占禁止法 - has dealt with these questions. The core of the seminar will be an analysis and discussion of the main cases against the world's most powerful tech companies. What was at issue in these cases? What has been the impact of these cases? The focus will be on cases brought in the EU, the United States and Japan.
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時間割/共通科目コード
コース名
教員
学期
時限
25-302-123
GLP-LP6130S3
Big Tech and Competition Law
VANDE WALLE Simon
A1 A2
火曜4限
マイリストに追加
マイリストから削除
講義使用言語
英語
単位
2
実務経験のある教員による授業科目
NO
他学部履修
開講所属
法学政治学研究科
授業計画
Class 1: Introduction Class 2: The basics of competition law (1) Class 3: The basics of competition law (2) Class 4: Big Tech, digital platforms and economics Classes 5 to 12: discussion of cases. These can be selected based on student interest. Among the obvious candidates for discussion are the following cases: - Microsoft / Activision (2023, EU, Japan, U.S.) - vertical merger in the gaming industry - FTC v. Amazon (U.S., 2023) - monopolization - Epic v. Apple (App store case, 2021) – Apple's App store rules on payment and the 30% "Apple tax" - Google (shopping search) case (EU, 2017) – abuse of dominance - Google (Android) case (EU 2017, U.S. 2020) – abuse of dominance / monopolization - The German Facebook case (2019) – competition law and personal data - FTC v. Facebook (2020) – acquisitions of Instagram and WhatsApp - Google / Fitbit (2020) – mergers – role of data - Amazon Japan (2020) – abuse of a superior bargaining position - The Digital Markets Act (applicable since 2023): the EU's new approach to dealing with issues raised by digital gatekeepers Class 13: Final debate: is competition law dealing appropriately with GAFAM?
授業の方法
In each class, one or more students will be expected to present one of the cases or topics (the cases and topics are listed above, in the class schedule). After the presentation, the case or topic will be discussed by the entire group. The reading materials, case presentation and discussion in class will be in English. To allow for a lively debate, the seminar will in principle be held live in the classroom (not online or in hybrid form).
成績評価方法
Students will be evaluated based on their participation in the seminar classes, meaning based on (1) the presentation they make, and (2) their contribution to the discussions in class. Students will receive a letter grade (A+, A, B, C, etc.).
教科書
The case materials are publicly available so no specific textbook is required.
参考書
Any textbook on competition law. For instance, Richard Whish & David Bailey, Competition Law (on EU competition law) Daniel A. Crane, Antitrust (on U.S. competition law) Tadashi Shiraishi, 独禁法講義 (on Japanese competition law)
履修上の注意
I welcome students studying law or economics. To ensure that the seminar can be interactive, a limited number of students will be accepted. IMPORTANT: please e-mail me before the first seminar if you are interested in taking this seminar. If there are too many interested candidates (this was the case in past years), I will make a selection based on (1) the profile of the candidate (the aim is have a balance between students with different backgrounds and perspectives), and (2) the timing of their e-mail (first come, first served).