law

ROBERTO CISOTTA
MARCO FISICARO

The main objective of the Union competition rules is to ensure the proper functioning of the internal market. Effective competition allows businesses to compete on an equal footing in all Member States, while putting pressure on them to constantly strive to offer consumers the best products at the best possible price, which, in turn, guides the innovation and long-term economic growth. Competition policy is therefore a key tool for achieving a free and dynamic internal market, as well as for developing common economic well-being. EU competition policy also applies to third country firms operating in the internal market.

Social, economic, geopolitical and technological changes constantly pose new challenges to EU competition policy. These developments force policymakers to evaluate existing competition policy tools to determine whether they are still effective in achieving the primary objective of competition policy or whether adjustments are needed. This process will form an important part of the work of the new European Commission, which took over its functions in December 2019. In particular, the Commission has undertaken the ambitious task of developing a new strategy and carrying out the review of the rules on antitrust, mergers and state aid.

Basic knowledge and command of EU competition law, with special regard to the rules on competition set out in the Treaty on the Functioning of the European Union in the context of the establishment of the EU internal market. Basic understanding of the legal sources of EU competition law, including instruments of EU primary and secondary law, Commission’s decisions and guidelines, as well as the case law of the Court of Justice of the European Union. Ability to deal critically with the main issues of EU competition law.

Having a legal and/or economic background, as well as a basic knowledge of the essential traits of European Union Law.

Economic foundations of antitrust law. The US model: The Sherman Act. EU competition law: general aspects and connection with EU internal market law. EU competition law and social market economy. Sources and scope of EU competition law. The exceptions to EU competition law: article 106 TFEU. International aspects of competition law. Article 101(1) TFEU: The prohibition of anti-competitive agreements. Typologies of agreements, legal consequences, and exemptions. Article 102 TFEU: The prohibition to abuse a dominant position. Typologies of abuse. Public and private enforcement of EU competition law. The EU’s involvement in the digital sector and the relationship between EU competition law and other EU policy fields.

For students attending the lessons, the assessment is based on the knowledge of the topics addressed in the lessons and on the materials provided during the course, integrated by some parts of the textbook P. Manzini, Diritto antitrust dell’Unione europea, Giappichelli ed., 2023.
For students not attending the lessons, the textbook adopted is A. Pappalardo, Il diritto della concorrenza dell'Unione Europea. Profili sostanziali, UTET, 2018, chapters from I to VI, pp. 1-856; chapter VIII, pp. 935-995.

Lectures and seminars. The course will start on 30 September 2024.

Attendance of lessons and seminars in class.

Attendance of the course is highly recommended. Students attending the course will be evaluated in itinere and with an oral examination. Students not attending the lessons will be evaluated through oral examination.

Legal sources and scope of EU competition law. International aspects of competition law. The concept of ‘undertaking’. Article 101(1) TFEU: Typologies of agreements. Restrictions by object or by effect. Horizontal and vertical agreements. Agreements of minor relevance and the De Minimis Notice. Self-assessment and conditions for exemptions under Article 101(3) TFEU. Block exemptions. Article 102 TFEU: definition of the relevant product and geographic market. Notions of dominant position and of abusive conduct. Typologies of abuse. Public and private enforcement of EU competition law. The relationship between EU competition law and other EU policy fields.

• Le lezioni si tengono il
  lunedì e martedì, ore 12:00-14:00, in aula VI, e il venerdì, ore 13:00-15:00,
  in aula VII della Facoltà di Giurisprudenza della Sapienza.