Course description
The aim of this course is to provide students with a comprehensive understanding of how business can be regulated to ensure an efficient application of human rights and increased welfare, e.g. through increased environmental protection.
After some introductory chapters that will assess how and why business should be regulated, the European framework regarding the corporate sustainability reporting and corporate sustainability due diligence will be analysed. Other classes will relate to corporate liability in case of a violation of the obligations reporting or due diligence directive, on social entrepreneurship through a model such as the B Corp Certification or to decision processes in companies. The class will end with the assessment of how competition law can take into account, in assessment of undertakings between undertakings or merger control, elements relating to environmental protection or the protection of human rights.

Learning outcomes
The course will allow students with different academic backgrounds to understand current issues and differences relating to the regulation of business with a purpose towards increased welfare and human rights. A broad spectrum of relevant disciplines is involved (sociology, economics, law) to understand political and legal implications of various solutions to regulate markets and maintain competition. The knowledge such gained is of importance in different situations: academia, practice, politics or culture. Students will be aware of the way business regulation can take into account such goals.

Teaching and evaluation methods
The course will be taught using a combination of preparatory readings (articles, book chapters, court and administrative authority decisions) and class discussions. The readings, which will be distributed in advance, will be compulsory and form the basis of the discussions. The course materials structure the entire course program. Review questions will accompany the readings, which will have to be prepared by the students and to debate them in class.

Evaluation
A. 2-hour written final essay: 70% of the final course mark
B. Class participation: 15% of the final course mark.
C. Essay and short presentation in class: 15% of the final course mark.

Provisional program and readings

Week 1
Introduction: the purpose of regulating business for more welfare and human rights

Week 2
Why regulate business and with which institutions? I Komesar, 1, 2, 3, 4, 5, 9

Week 3
Why regulate business and with which institutions? I Komesar, 1, 2, 3, 4, 5, 9

Week 4
The international framework
Reading tbd

Week 5
Non-financial reporting in the EU
Reading: Directive (EU) 2022/2464 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability reporting, OJ L322/15

Week 6
Corporate due diligence in the EU
Reading: European Commission, Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and and amending Directive (EU) 2019/1937, COM/2022/71

Week 7
Liability in the EU
Reading tbd

Week 8
Social entrepreneurship
Corporate Governance: How to change the decision processes in companies Reading: Sunstein/Hastie, Wiser

Week 9
Competition law and environmental aspects I Economics of competition law
The three pillars of competition law Whish/Bailey, Chapters 1, 2

Week 10
Competition law and environmental aspects II
Discussion based on decisions of the EU Commission and Court of Justice of the European Union

Week 11
Competition law and environmental aspects III
Discussion based on decisions of the EU Commission and Court of Justice of the European Union

Week 12
Competition law and human rights
Discussion based on decisions of the EU Commission and Court of Justice of the European Union

Bibliography

• Andriychuk Oles, The Concept of Sustainability in EU Competition Law: A Legal Realist Perspective, (2021) 23 Yearbook of Antitrust and Regulatory Studies, 11
• Darr, Amber, Competition Law and Human Rights: A Complex Relationship. (2021) 78 Wirtschaft und Wettbewerb, 388.
• Komesar, Neil K., Choosing Institutions in Law, Economics and Public Policy, Chicago/London 1994.
• Malinauskaite, Jurgita, Competition Law and Sustainability: EU and National Perspectives, (2022) 13 Journal of European Competition Law and Practice, 336.
• Murray Fiona et al., Of Mice and Academics: Examining the Effect of Openness on Innovation, Working Paper 14819, 2009.
• OECD, Environmental considerations in competition enforcement, Paris 2021
• OECD, Sustainability and Competition, Paris 2020.
• Russell, Andrew L., ‘Rough Consensus and Running Code’ and the Internet-OSI Standards War, (2008) IEEE Annals History Computing, 48.
• Sunstein, Cass R./Hastie Raid, Wiser, Boston 2014.
• Wettsein, Florian, Business and Human Rights: Ethical, Legal and Managerial Perspectives, Cambridge 2022.
• Whish, Richard/Bailey David, Competition Law, 10th ed., Oxford 2021.
• Wouters, David, Which Sustainability Agreements Are Not Caught by Article 101 (1) TFEU?, (2021) 12 Journal of European Competition Law and Practice, 257.

Last updated: January 28, 2025