COMPETITION LAW

Course objectives

Obiettivi generali Il corso di Competition law fornisce agli studenti le conoscenze necessarie per comprendere le regole e i principi che l'ordinamento nazionale ed europeo prevede per assicurare una sana concorrenza tra imprese. In particolare, le nozioni fornite consentono di individuare e analizzare le condotte che possono avere effetti anticoncorrenziali e i rischi conseguenti alla violazione delle regole della concorrenza. ll corso offre inoltre una conoscenza di base sul ruolo e sulle funzioni delle autorità nazionali ed europee della concorrenza. Anche attraverso lo studio di casi, esercitazioni in aula e lavori di gruppo, gli studenti acquisiranno la capacità di comprendere, analizzare e discutere testi normativi, materiali e casi giurisprudenziali e di applicare le nozioni giuridiche acquisite durante il corso alle conoscenze già maturate nelle materie economiche. Prima parte: Nozioni generali sul diritto della concorrenza: storia, finalità. Fondamenti economici del diritto della concorrenza; definizione del mercato e potere di mercato. Contesto istituzionale: autorità nazionali ed europee della concorrenza. Fonti del diritto europeo e nazionale della concorrenza. Seconda parte: A) intese restrittive della concorrenza B) abuso di posizione dominante C) L’enforcement antitrust: principi, istituzioni competenti, poteri, procedimenti e misure Obiettivi specifici General objectives The Competition Law course is aimed at allowing students to analyse and understand the rules which are provided in order to ensure healthy competition on the market. It will also focus on the remit of national and European competition authoritites, with a specific focus on the remedies against anticompetitive business practices. Through the analysis of case law, specific seminars and team projects, students will acquire the capability to read and understand legislation, cases and materials and practice the legal skills acquired during the course. First part: Basic concepts: history and goals of competition law. The economics of competition law. Market definition and market power. The institutional framework: national and European competition law authorities. Sources of national and european competition law. Second part: A) Anticompetitive agreements B) Abuse of dominant position C) Public enforcement: principles, institutions, powers, procedures and remedies Specific objectives The Competition law course give students the basic knowledge of european and national competition rules. In particular, it allows students to understand complex legal concepts and manage to analyse legislation and case law. Furthermore, the course will host meetings with experts and public officials which will give students an insight on how competition authorities work and cases are assessed and decided. Through seminars, case studies and team project works, the course will allow students to practice the theoretical notions learned during the lectures. By the end of the course, not only will students be able to know the main theorical foundations and concepts of competition law, but also to apply them to concrete cases and combine legal expertise with economic assessments. The content and methodology of the course allow students to assess critically the legal materials examined during the lectures. In particular, the course is aimed at allowing students to develop the ability to deal with the technicalities of the subject and its practical application. The Competition law course aims at strengthening the ability to prepare and discuss presentations dealing with complex cases and to practice legal vocabulary. The course helps the students to be autonomous in their learning activities. To this aim, access is given to selected materials (Guidelines, EU Commission Communications and Regulations proposals, articles, cases) within which students can choose specific topics on which to focus their study and practice their legal skills.

Channel 1
PAOLA CHIRULLI Lecturers' profile

Program - Frequency - Exams

Course program
Program: The limits to free markets within the EU and the balance between individual freedoms and public interests: constitutional and legal framework, in the EU and the national context.The law, policy and governance of competition in the EU, The relationship between competition law and regulation (4 hours). The scope and goals of competition law; an overview of EU and national principles of competition law.The role,the powers and accountability of independent competition and regulatory agencies, both within the EU and the national context (6 hours). The economics of competition law. Market definition and market power (approx. 4 hours). Discussion of a case (2 hours) An overview of the sources of EU competition law: articles 101- 106 TFEU. The role of soft law (approx. 2 hours) Article 101 TFEU and anticompetitive agreements: introduction and scheme. The notion of undertaking, agreements, decisions and concerted practice (approx. 4 hours). Restriction by object and by effect. Horizontal and vertical agreements. Examples and case law (approx 4 hours). Discussion of a case (2 hours) The burden of proof and the consequences of infringement. Article 101 (1) and Article 101 (3). Individual and block exemptions (approx. 2 hours) Discussion of a case (2 hours) Article 102 TFEU: abuse of dominant position. Relationship with article 101.The definition of dominant position and the notion of abuse (4 hours) Market definition and market power in article 102 (approx. 2 hours) Discussion od a case (2 hours) The types of the abuse. Exclusionary and exploitative abuses: the Commission's Guidance. The burden of proof and defences.Abuses concerning prices. Predatory pricing. Margin Squeeze. Exclusive dealing and distribution. Discounts and rebates. Examples and case law (approx. 6 hours) Discussion of a case (2 hours) Tying and bundling, refusal to supply and other exclusionary practices (2 hours) discussion of a case ( 2 hours) The principles of competition law enforcement. Regulation 1/2003 and the enforcement by the EU Commission. Distribution of competence between the Commission and the national competition authorities. The European Competition Network.The new Enforcement Directive (4 hours) The enforcement procedure before the Commission. The investigations and the decisions. Prohibitions, fines, commitment. Leniency programs. Judicial review of antitrust enforcement (6 hours). Discussion of a case (2 hours). Articles 104-106: competition law and public undertakings, public action and public interests (2 hours) Mergers and competition law: an overview (2 hours) The complex relationship between competition law and regulation and the advocacy powers of competition authorities (2 hours).
Prerequisites
A knowledge of the basic notions of public law, private law and european law is required
Books
R. Whish-D. Bailey, Competition Law, OUP, 9th ed.; chapters 1 to 7. Materials and case-law will be discussed during the course. They, as well as the slides used during the lectures, will be made available on the Moodle platform for the students who attend the course.
Teaching mode
the course will consist of lectures and of the discussion of cases and materials made available on the e-learning moodle platform
Frequency
traditional lectures will be complemented by the discussion of case law previously uploaded on the moodle platform
Exam mode
ORAL EXAM: The exam aims at assessing the knowledge of the main topics analyzed during the course, as well as the capability to carry out a logical and correct legal analysis. The exam requires the study of the textbook and, for the students who attend the course, of the slides and of the material and the case-law made available on the moodle platform. In particular, it will positively be appreciated the student's capability to use an appropriate legal terminology, to navigate the different sources of law and develop a coherent legal reasoning. The exam will be oral and will last approximately between twenty and thirty minutes. The student will be asked general open-ended questions on the main topics of the program. In order to pass the exam, the student will have to achieve a minimum mark of 18/30, showing at least a basic knowledge of the main topics. In order to achieve 30/30 con lode, the student will have to show an excellent command of all the topics analyzed during the course, as well as being able to coherently connect them. Besides, the student will have to show the capability to apply the theoretical notions, by being able to give examples or offer solutions which require the application of acquired notions to concrete examples and cases. The reference to case-law discussed during the course (for the students who attended it) will be taken into consideration and may help increase the final mark of two to three points.
Bibliography
Materials and case-law will be discussed during the course. They, as well as the slides used during the lectures, will be made available on the Moodle platform for the students who attend the course.
Lesson mode
the course will consist of lectures and of the discussion of cases and materials made available on the e-learning moodle platform
  • Lesson code10596369
  • Academic year2024/2025
  • CourseBusiness Management
  • CurriculumBusiness management (Percorso valido anche ai fini del conseguimento del doppio titolo italo-tedesco, del doppio titolo italo-statunitese, italo-russo) - in lingua inglese
  • Year2nd year
  • Semester1st semester
  • SSDIUS/05
  • CFU9
  • Subject areaGiuridico