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Law, Digital Markets & Competition

Module description

The module focuses on studying the key elements of EU Digital Markets Act (DMA) and UK Digital Markets, Competition and Consumers Act (DMCCA). These rules have introduced a new regime for regulating competition in digital markets. You will learn the foundations of these two systems, the economic and commercial interests of the main stakeholders and mechanics of the legal rules underpinning the DMA and the DMCCA. You will examine the ways how the designated gatekeepers (Big Tech companies) comply with the new obligations imposed upon them by the DMCCA & DMA.

No prior knowledge of Competition Law is required for this module.

Module aims - intentions of the module

The module aims to offer a comprehensive knowledge of the emerging DMCCA & DMA regimes. You will study the main obligations of gatekeepers and the main procedural requirements underpinning effective compliance. You will examine the key elements of regulatory dialogue between the enforcers and designated undertakings (“gatekeepers”). You will learn the ways how the gatekeepers attempt to circumvent the effectiveness of their obligations and what measures are being taken by the European Commission and UK Competition and Markets Authority to remedy this systemic challenge. You will be examining real cases scrutinising, analysing and comparing the arguments and the reasoning of representatives of enforcers and defendants (Big Tech companies) and well as adjudicators (Court of Justice of the European Union and/or UK Competition Appeal Tribunal). This analytical approach will give you a comprehensive understanding of the processes underpinning the new regimes and learning the ways of creating and interpreting legal mechanisms securing their effective enforcement.

The module examines an emerging regulatory mechanism, the effective functioning of which requires employing new talents with understanding the nature of digital markets and the specificities of their legal regulation. UK, EU and other jurisdiction enforcers are expanding considerably their capacities by recruiting staff to the relevant enforcement teams. The market is equally flourishing on defendant side: law firms and Big Tech in-house legal teams are in search for new specialists. Taking this module will allow you to understand and advance the relevant employability skills – such as for example the ability to understand business models underpinning each gatekeeper obligation; the mechanisms of regulatory dialogue and understanding of EU and UK rules in a comparative perspective.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. demonstrate detailed and systematic knowledge of the new UK and EU regimes of regulating competition in digital markets;
• 2. demonstrate an ability to interpret the most complex legal concepts underpinning the functioning of the UK and EU regimes for regulating competition in digital markets;
• 3. demonstrate an ability to critically analyse, evaluate and synthesise in context, the complex challenges (political, social, economic etc.) faced by the DMA and the DMCCA as well as the possible means to ensure their effective functioning;

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 4. demonstrate detailed and systematic knowledge of the mechanisms of regulatory dialogues between the enforcers and gatekeepers, their customers and competitors, third parties and end users;
• 5. demonstrate enhanced understanding of business models underpinning each gatekeeper obligation;

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 6. demonstrate the ability to comprehensively use a range of resources for specific learning tasks;
• 7. demonstrate the ability to apply detailed knowledge, through structured and discursive writing, examining case law and travaux préparatoires of relevant legislation;
• 8. work independently and manage time efficiently in preparing for learning activities and assessments.

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

• Digital revolution and regulatory responses.
• Traditional ex-post competition law (main legal mechanisms).
• Ex-post digital competition law (main cases against Big Tech companies).
• EU Digital Markets Act (structure and enforcement).
• UK Digital Markets, Competition and Consumers Act (structure and enforcement).
• International digital competition law (rationale and best practices).
• Engagement with possible employers (enforcers, law firms, Big Tech, third parties and courts).

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

• Marc Wiggers, Robin Struijlaart, Joost Dibbits, Digital Competition Law in Europe, Kluwer Law International, 2023
• Rupprecht Podszun, Digital Markets Act: Article-by-Article Commentary, C.H.Beck, Nomos Verlagsgesellschaft, 2024

Recommended reading: 

• Jens-Uwe Franck, Martin Peitz, “The Digital Markets Act and the Whack-A-Mole Challenge”, Common Market Law Review, Vol. 61, No. 2, 2024
• Oles Andriychuk, “EU Digital Competition Law: The Socio-legal Foundations”, Cambridge Yearbook of European Legal Studies, Vol. 25, 2024
• Jacques Crémer, David Dinielli, Paul Heidhues, Gene Kimmelman, Giorgio Monti, Rupprecht Podszun, Monika Schnitzer, Fiona Scott Morton, Alexandre de Streel, “Enforcing the Digital Markets Act: Institutional Choices, Compliance, and Antitrust”, Journal of Antitrust Enforcement, Vol. 11, No. 3, 2023

Indicative learning resources - Web based and electronic resources

• Digital Markets Research Hub – YouTube channel with weekly interviews and webinars on UK Digital Markets, Competition and Consumers Act and EU Digital Markets Act https://www.youtube.com/@digital.markets

Key words search

Digital markets, Competition policy, Big Tech, DMA, DMCCA