Teaching code

4S008463

Teacher

Caterina Fratea

Coordinator

Caterina Fratea

Credits

6

Also offered in courses:

• European Competition Law of the course Combined Bachelor's + Master's degree in Law

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/14 - EUROPEAN UNION LAW

Period

2nd lecture period (2A) dal Feb 13, 2023 al Mar 25, 2023.

Lessons timetable Moodle Seminars 0

Learning objectives

The course is included in the learning area on Global dimension of legal phenomena. It aims at providing students with the legal and methodological tools that are necessary for an in-depth and specialised study of competition law, which represents one of the main areas of competence of the European Union, from both perspectives of public and private enforcement. Through the study of the main legal sources and case law of the Court of Justice of the EU, and implementing a practical approach, the course is intended to foster the students’ understanding of the implications on the economic structure of a key policy for the proper functioning of the internal market.
The student will be able to address and resolve actual issues arising from the professional context in which he/she is going to operate, focusing his/her competences on the contractual compliance and the methods of alternative dispute resolution. The student will be able to verify the practical implications of the legal and regulatory framework, as well as to resolve practical cases, in both oral and written forms and also through team-work experiences, written-based exercises and the application of the method of Problem Based Solving (PBS), using an appropriate and specific vocabulary, developing proper reasoning and argumentation and reaching independent judgement. The teaching methodology is instrumental to continuous learning and knowledge updating.

Prerequisites and basic notions

European institutional framework and EU legal sources.

Program

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.

Bibliography

Didactic methods

The course will be delivered in Italian, partly through in-person classes (5 ECTS credits, 30 hours) and partly through distance learning (1 ECTS credit, 6 hours).
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.
Students who find themselves in particular situations of fragility due to conditions of disability or learning disorders or who find themselves in situations of limited travel due to COVID may agree with the teacher on the use of any supporting materials and/or tools.

Learning assessment procedures

The final exam is oral and covers the whole course’s program.

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).

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, according to a course syllabus and examination methods to be agreed with the professor.

Evaluation criteria

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.

Criteria for the composition of the final grade

The final mark will be expressed in thirtieths and will refer to the oral test as a whole.

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%).

Exam language

Italiano (italiano o inglese per gli studenti Erasmus).