Objective:

This is an introductory session where foundational concepts will be addressed, and a broad explanation of the bases of convergence among the three disciplines will be provided. However, given the course objectives, emphasis will be placed on the study of legal situations involving intangible assets and their implications from the perspective of free competition.

- Market failures: public goods, free riding, monopoly (legal monopolies, natural monopolies), equilibrium price.
- How do these economic concepts interrelate? Market failures that each discipline seeks to minimize and the interaction between them to achieve those purposes.
- Systematic location of the three disciplines as part of market regulatory law.
- Historical evolution, policy and origins.

Objective:

The concept of abuse of dominant position will be introduced, and the range of the most common behaviors under this modality will be presented.

- What is the abuse of dominant position?
- How is this figure addressed in the most relevant regulations (US and EU)?
- Introduction to the role of intellectual property in this type of case.
- Most common cases: unjustified refusal of treatment, discrimination. Case studies of actions against Fintech businesses, which are expanding in Latin America, will be proposed.

Objective: It will explain the perspective of the main competition authorities in the world (US and EU) regarding digital markets and intellectual property-intensive industries.
Content:
- The policy agenda and oversight priorities on both sides of the Atlantic.
- Recent cases of investigations against big techs.
- Recent cases on the use of collusive algorithms and hub and spoke.

Objective:

This session will conceptually introduce horizontal collusion, referring to agreements between competitors, with an emphasis on arrangements involving intellectual property. Typical cases will be explained, and relevant jurisprudence will be provided.

- What is horizontal collusion?
- Essential difference: Naked cartels and agreements not subject to absolute prohibition (ancillary doctrine).
- How is this concept included in the most relevant regulations (US and EU)?
- Cases involving intellectual property: setting of standards and technical norms.
- Assumptions related to intellectual property: Collaboration agreements (R&D).

Objective:

This session will conceptually introduce vertical collusion, referring to agreements between agents at different levels of the commercial chain (e.g., manufacturers and distributors, distributors and retailers). The presentation will emphasize arrangements involving intellectual property, explaining typical cases and providing relevant jurisprudence.

- What is vertical collusion?
- How is this figure included in the most relevant regulations (US and EU)?
- Most common cases: exclusivities, resale price maintenance (RPM).
- Cases related to intellectual property: franchises.
- Cases related to intellectual property: exclusive selection.

Objective:

The main "deals" these days have a high intellectual property component. Targets are chosen not for their advantages from the typical brick-and-mortar perspective, but for their intangible assets (e.g., software, data). This session aims to train intellectual property professionals to understand how these intangibles influence M&A operations.

- What is a merger operation? Conceptual elements that must be met for a notifiable operation (change of control and thresholds).
- The role of intellectual property as a relevant asset that allows for control.
- The valuation of IP as a factor in determining thresholds.
- M&A of intangible assets as a competition risk and the closure of certain markets.
- Examples of relevant global operations: mergers in the pharmaceutical industry, between content producers/platforms, between software companies, and killer acquisitions.

Objective:

We will continue with the development of case law on abuse of dominance (topic addressed in Module 2), focusing on the provision of case law.

1. The Sham Litigation case: its origin in patent casuistry. Recent case law.
2.  Standard Essential Patents and Fair, Reasonable and Non-Discriminatory - FRANDs.
3. Generic registrations as trademarks, as an act of monopolistic obstruction and/or acts of unfair competition.

Objective:

Based on the study of real cases, the groups will apply the knowledge learned and share their main findings and comments with the rest of the class.