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演習(Big Tech and competition law)

How Has Competition Law Dealt with GAFA?
Google, Amazon, Facebook and Apple 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? Have they engaged in “killer acquisitions”?

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 that have been brought against Google, Amazon, Facebook and Apple. What was at issue in these cases? What has been the impact of these cases? The focus will be on cases brought by the European Commission, which enforces EU competition law, but cases brought by U.S. authorities and the Japan Fair Trade Commission can also be discussed.
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時間割/共通科目コード
コース名
教員
学期
時限
25-6970
GLP-LS6501S9
演習(Big Tech and competition law)
VANDE WALLE, Simon A.W.
A1 A2
金曜4限
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教室
法学政治学系総合教育棟 404号室
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
不可
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: •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 •Epic v. Apple (App store case, 2020) – dual role platforms •Amazon Japan (2020) – abuse of a superior bargaining position •Apple Ireland State aid case (2016) - tax rulings and State aid Class 13: Final debate: is competition law dealing appropriately with GAFA?
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 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.
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.