IGIR & Competition

Competition law is designed to foster fair competition, benefiting both consumers and industry innovation. However, competition law faces internal tensions, such as conflicting objectives (like efficiency versus the internal market), and external tensions with other areas of public or private regulation (such as sustainability and product regulation). These tensions are not only present at the national level but also have regional and international dimensions, with different jurisdictions adopting different approaches to competition law.

In the competition research cluster, we examine the internal and external tensions that competition law encounters. Our focus is particularly on the convergence - or lack thereof - of competition policy instruments, practices, and cooperation across different jurisdictions. By identifying best and worst practices, we aim to enhance competition law and its application both nationally and internationally.

Focus

The research methods applied in this research cluster include Law & Economics and Comparative Law (focusing on the EU, the US and China).  Using these methods, recent topics in competition law and policy are examined, with a special focus on sustainability & competition and innovation & competition.

The goals of competition law to some extent differ between jurisdictions and may change over time (due to political, economic or social developments). This provides many opportunities for comparative and economic research, not only in traditional competition law domains like abuse of dominance and merger control, but also in the domain of EU State aid policy. Competition law also plays a role in relation to the ‘trust in trade’ concept, either by promoting such trust, or by creating conflicts related to the extraterritorial application of competition rules.

Besides our focus on competition law as a separate field of law, we also aim to analyse the inherent tension between competition law and (public and private) regulation.  For example, regulation may have been formulated with the aim of solving particular market failures or to reach a specific goal defined by the policymaker, but the chosen form of regulation may be conflicting with competition rules. Again, comparative and economic research can be helpful in addressing questions such as which regulatory instrument is best placed to address a market failure with limited impact on competition.

Team

The senior researchers involved in this cluster have many years of experience writing on topics in the domain of competition and regulation, particularly from a law & economics and comparative perspective. They include Michael Faure, Qian Li, Niels Philipsen, Kristel de Smedt, Kalpana Tyagi, several PhD researchers (see below under projects) and Iwan Bos (SBE). 

For questions about the IGIR & Competition cluster, please contact Niels Philipsen.

Projects

With IGIR & Competition, we are conducting several projects, including the following: 

  • Research  on the optimal use of economic evidence in competition proceedings, such as in the context of merger control. Besides the PhD research by Paula Roldán this project includes various collaborations between her, Niels Philipsen, Kalpana Tyagi, and Iwan Bos (SBE).
  • Research on how to deal with AI-enabled price discrimination in competition law and beyond (consumer protection, data protection law). This follows the completed PhD research by Qian Li (Law & Tech Lab) and also involves Niels Philipsen and Caroline Cauffman (MEPLI). 
  • Law and economics research on the use of competition soft law in relation to digital markets. This mainly involves Kena Zheng (MEPLI) and Niels Philipsen, and relates to completed PhD research carried out by the former and supervised by Mariolina Eliantonio (MCEL) and Niels Philipsen.
  • Research in the domain of economics of regulation, with a focus on ‘smart mixes of regulation’: the interaction between public and private regulation, national and international law, liability rules and regulation, etc. Many projects have been carried out in the past by Niels Philipsen, Michael Faure, Kristel de Smedt and others (see METRO website) and several of those research lines are still running today. There is overlap with the research line on sustainability, as some of this research concerns environmental law and sustainability.
  • PhD research by Guotong Shen on employee participation in companies, with a special focus on China. Michael Faure and Niels Philipsen are involved in this project as PhD supervisors and as co-authors of papers.
  • PhD research by Qi Zhang on exclusive licensing of music copyrights in China. This project is at the intersection of competition law and copyright law, and also includes a law and economics element. Niels Philipsen and Kalpana Tyagi are involved in this project as supervisors.
  • PhD research by Mingya Jiang on the relationship between digital advertising and abuse of dominance in the data economy. The research takes a law and economics approach and a comparative approach, focusing on EU competition law and Chinese Anti-Monopoly Law.
  • PhD research by Georgia Chapoupi on the abuse of dominance in IoT environments, particularly in the data control and data-driven market power. Kalpana Tyagi and Anselm Kamperman Sanders are involved in this project as PhD supervisors, together with Rohan Nanda (Law & Tech Lab).
  • Expert insights on the interface of patents and competition offered by Kalpana Tyagi, inter alia at the flagship competition law conference, ASCOLA (Academic Society for Competition Law) 2024.