European Competition Law
Scientific Disciplinary Sector (SSD)
IUS/14 - EUROPEAN UNION LAW
1° periodo lezioni (1A) dal Sep 16, 2021 al Oct 30, 2021.
The course is aimed at providing students with the legal tools and methodologies that are needed for a specialized study of this legal branch, which represents one of the main fields of intervention of the European Union, both from a public and private enforcement perspective. Thanks to the study of the main legal sources and the case law of the Court of Justice, as well as a practice-oriented approach, the course is intended to clarify to students the actual repercussions of the subject, which plays a fundamental role for the correct functioning of the internal market.
The course will analyse EU competition rules applying to undertakings as well as Member States, from both perspectives of public and private enforcement. The course structure will be as follows.
- Competition rules applying to undertakings:
Article 101 TFEU on agreements between undertakings and Article 102 TFEU on abuse of dominant position (with particular regard to the Microsoft, Google and Intel cases); Regulation No 1/2003, the modernization of EU competition law and the role of the Commission and the national competition authorities; Regulation No 773/2004, the competition procedures before the Commission and the undertakings’ rights of defence; the competition procedures before the Italian Competition Authority; compliance programmes, settlements and leniency programmes; the interface between competition law and IP rights (with specific reference to the pharmaceutical industry); Directive No 2014/104, actions for damages for infringements of competition law and the procedural tool for the protection of damaged parties; private international law issues and the application of Brussels Ia and Rome II Regulations in cross-border damages actions.
- Competition rules applying to Member States:
arts. 107-108 TFEU; Regulation No 2015/1589 and the procedure for the assessment of the compatibility of a national measure; illegal, incompatible and abusive aids; damage compensation.
- Mergers between undertakings.
The course will be delivered in Italian.
Classes will be organised according to a practice-oriented approach, combining lectures devoted to the study of the basic notions and legal sources regarding EU competition law with practical seminars that will employ the Problem Based Solving (PBS) methodology. These seminars will consist in group discussions of case studies, resolution of actual cases inspired by the practice of competition law enforcement, and optional papers to be presented by students attending the classes with regard to selected topics previously agreed upon.
The teaching materials used during classes (slides, legal sources, selected case law) and further readings on specific topics will be made available on the University e-learning platform (Moodle).
For attending students, upon compatibility with the number of interested participants and the available resources, it can be provided the possibility of a visit to the Court of Justice of the European Union in order to attend to an hearing.
Delivery of the teaching
In accordance with the University guidelines, lectures will be held in the classroom and also available for the students by remote streaming via Zoom link (published on the Moodle page of the course, to be accessed with GIA username and password provided by the University). The recording of each lecture will be further published on the Moodle page of the course.
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
For attending students, the exam can be prepared on the notes taken and the teaching materials discussed during classes (provided on the University e-learning platform). For those students who will have presented a paper during the seminars, the final mark will be allocated as follows:
- oral exam on the topics assessed during classes (70%);
- paper presented in class (30%).
Non-attending students shall prepare the exam on the textbooks indicated in the “Bibliography (Leganto)” section.
Erasmus students can choose to take the oral exam
- in Italian, according to the same course syllabus and examination methods provided for Italian students;
- in English, studying on the following textbook: E.M. Fox, D. Gerard, EU Competition Law. Cases, Texts and Context, Elgar Publishing, 2017.
The exam is aimed at assessing:
- the acquired knowledge and the ability of linking different topics together;
- the legal reasoning regarding the specific law field on which the course focuses;
- language and legal terminology skills;
- analytical and arguing abilities.