Catalogo dei Corsi di studio

The course is aimed at providing knowledge to students on the EU Internal Market and competition policy functioning. Firstly, the rules governing the four freedoms - goods, persons, services, and capital – will be analysed in an evolutionary perspective founded on the European Court of Justice case-law. Secondly, the programme will focus on the main elements of EU Competition Law, with reference to both the regime applicable to private undertakings (cartels, abuses of dominance, merger control) and to State measures (State aids and Services of general economic interest).

Programme

OUTLINE

FREE MOVEMENT OF GOODS. Introduction: the Internal Market in the EU legal order. The Customs Union. The prohibition of fiscal discriminatory measures. Quantitative restrictions and measures having equivalent effect. Distinctly and indistinctly applicable measures. Quantitative restrictions on exports. Derogations and justifications. Commercial monopolies.
FREE MOVEMENT OF PERSONS AND SERVICES. Free movement of workers. Freedom of establishment. Free movement of services. The EU citizenship. Free movement of Third Country Nationals. Derogations and justifications.
FREE MOVEMENT OF CAPITALS. Restrictions on movement of capitals: ban and derogations. Free movement of payments.
COMPETITION RULES APPLICABLE TO FIRMS. Definition of undertaking. Art. 101 TFEU: agreements between undertakings, concerted practices and decisions by associations of undertakings. The nullity of prohibited agreements. Abuses of dominant position. Proceedings and sanctioning powers of the European Commission. Mergers control. The multilevel protection of competition in the EU.
COMPETITION RULES APPLICABLE TO MEMBER STATES. Art. 106 TFEU: State subsidies to undertakings. The notion of aid. Incompatible aids and derogations to the incompatibility principle. EU Commission’s powers and procedures.

Adopted texts

G. TESAURO, Diritto dell’Unione Europea, CEDAM, 7th edition, 2012: Chapters IV, V, VII, VIII.

Frequency modes

OPTIONAL

Exam modes

ORAL EXAM