030036 KU Taming the beast - the toolbox of EU Competition enforcement (2023W)

The course shall give an overview of the principal enforcement tools and procedure of European Competition law in the face of ever changing challenges to competitive markets, especially digital market power. While introducing and always reflecting the material rules of the cartel prohibition (Art 101 TFEU) and the prohibition to abuse a dominant position (Art 102 TFEU), students shall be introduced to the essentials of both public and private competition law enforcement practice. To that end, we shall discuss issues such as the EU Commissions enforcement powers under Reg 1/2003, such as investigative powers like dawn-raids as well an enforcement tool such as fines, commitments and adjacent policies such as settlements, leniency etc. Judicial review in competition law will be another major part of the course, touching upon issues such as due process and rights of defence. Ultimately, the damage directive and following national legislation will be covered. Topics will be presented on the basis of legislative documents as well as relevant soft law instruments as well as case law. A particular focus will be given to the application of competition law to digital markets and the landmark cases brought by EU enforcement agency agains so called digital giants.