Protection of competition and consumers in digital markets and democracy 1600-SZD-SPEC-PC-PR
The course explores how law protects competition and consumers in market economy and what relevance it has for the democratic process. The course’s focus is on the EU law, but the discussion is set against the experiences of the U.S. The course examines the regulatory framework governing competition among firms, identifying and analyzing the existing limitations and challenges in this regard. In particular, it looks into anticompetitive practices such as cartels, vertical restraints and monopolies. It also discusses merger review system and more recent regulatory measures adopted within the EU such as the Digital Markets Act. Finally, the course aim to reveal how consumers and democratic society more broadly benefits form the system. The course is based on case-studies and class discussions related the ongoing scholarly debates and the newest case-law concerning, among others, Big Tech firms such as Google, Meta, Amazon or Apple.
Course coordinators
Learning outcomes
Knowledge | The graduate knows and understands:
WG_01 - to the extent necessary for existing paradigms to be revised - a worldwide body of work, covering theoretical foundations as well as general and selected specific issues - relevant to a particular discipline
within the social sciences
WG_02 - the main development trends in the disciplines of the social sciences in which the education is provided
WG_03 - scientific research methodology in the field of the social sciences
WK_01 - fundamental dilemmas of modern civilisation from the perspective of the social sciences
Skills | The graduate is able to:
UK_05 - speaking a foreign language at B2 level of the Common European Framework of Reference for Languages using the professional terminology specific to the discipline within the social sciences, to the extent enabling participation in an international scientific and professional environment
Social competences | The graduate is ready to
KO_01 - fulfilling the social obligations of researchers and creators
KO_02 - fulfilling social obligations and taking actions in the public interest, in particular in initiating actions in the public interest
KO_03 - think and acting in an entrepreneurial manner
and other:
After completing the course, a student will:
- Frame the main categories related to competition law;
- Address the main challenges arising from the competition and consumer perspective in digital markets;
- Discuss key features of the relevant EU legislation and policy;
- Apply the theoretical categories in real cases.
Assessment criteria
Description of requirements related to participation in classes, including the permitted number of explained absences: Active participation in class (reactions during regular lectures) and Legislative/Case-law discussion and preparation to the discussion
Principles for passing the classes and the subject (including resit session): Summaries of the obtained knowledge at the beginning of each class
Methods for the verification of learning outcomes: Summaries of the obtained knowledge at the beginning of each class
Evaluation criteria: extent of understanding of basic concepts and obligations of firms deriving from laws
Practical placement
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Bibliography
A. Ezrachi, EU Competition Law Goals and the Digital Economy, Oxford Legal Studies Research Paper No. 17/2018,. M. Gal and N. Elkin-Koren, Algorithmic Consumers, Harvard Journal of Law & Technology, Vol. 30, Number 2, 2017; L. Zoboli, M. Bernatt (eds), The Regulation of Data Sharing in Europe: A Critical Assessment of Regulatory Frameworks, Routledge (2025) M. Bernatt, L. Zoboli, 'Competition Law', In: Research Handbook on the Enforcement of EU Law, Miroslava Scholten (ed.), Edward Elgar Publishing Ltd (2023), pp 398-414, https://ssrn.com/abstract=4309073 M. Bernatt, Competition Law and the Digital Economy: Poland, https://ssrn.com/abstract=3431641 K. Stylianou, M. Iacovides, The goals of EU competition law: a comprehensive empirical investigation. Legal Studies. 2022; 42(4):620-648, doi:10.2139/ssrn.3686619 L. Zoboli and C. Poncibo?, Regulatory Sandboxes and Consumer Protection: The European Perspective, International Journal on Consumer Law & Practice; A. Davola, Fostering Consumer Protection in the Granular Market. The Role of Rules on Consent, Misrepresentation and Fraud in Regulating Personalized Practices, Amsterdam Law School Research Paper No. 2021-07., M. Bernatt, ‘Democracy and Competition Law: Exploring Substantive and Procedural Links’ In Cambridge Handbook on the Theoretical Foundations of Antitrust and Competition Law, E. Deutscher, J. Lindeboom, S. Makris (eds) Cambridge University Press, forthcoming (2026), http://dx.doi.org/10.2139/ssrn.4757822