50101 - ADVANCED COMPANIES AND BUSINESS LAW - ANTITRUST LAW
CLMG - M - IM - MM - AFC - CLEFIN-FINANCE - CLELI - ACME - EMIT - GIO
Department of Law
Course taught in English
CLMG (8 credits - I sem. - OBS | IUS/04) -
M (6 credits - I sem. - OP | IUS/04) -
IM (6 credits - I sem. - OP | IUS/04) -
MM (6 credits - I sem. - OP | IUS/04) -
AFC (6 credits - I sem. - OP | IUS/04) -
CLEFIN-FINANCE (6 credits - I sem. - OP | IUS/04) -
CLELI (6 credits - I sem. - OP | IUS/04) -
ACME (6 credits - I sem. - OP | IUS/04) -
EMIT (6 credits - I sem. - OP | IUS/04) -
GIO (6 credits - I sem. - OP | IUS/04)
Course Objectives
The course discusses the EU antitrust law to elicit the legal and economic arguments that may be used to characterize agreements, monopolistic conduct and mergers as unlawful. In particular, after an historical introduction and the analysis of some basic concepts, the course relies on the EU antitrust case law and on main-stream economic theories to examine the conditions under which some business practices impair market functioning.
Intended Learning Outcomes
Click here to see the ILOs of the course CLMG
Knowledge and understanding
At the end of the course student will be able to do:
At the end of the course, student will be able to manage the European Competition law, with particular reference to notions of agreement and concerted practices, abuse of a dominant position and mergers. It will also understand the framework of both public and private antitrust enforcement, in the context of a theory that starting from the general goals of the law derives the main provisions as well as remedies (i.e. sanctions, behavioral and structural remedies, etc. ) for infringing undertakings.
Applying knowledge and understanding
At the end of the course student will be able to do:
Students will be able to understand and apply the main antitrust provisions, guidelines and procedures. They will also be able to frame and solve practical cases applying tools, methods and general principles learned during face-to-face lessons. For example, students will be able to play the role of a defendant, plaintiff, judge or Authority official and identify all the arguments which might help to determine whether the conduct observed is anticompetitive and deserve any sanction.
Course Content Summary
- Historical introduction: From Assur and Athens to Washington and Brussels.
- The goals of antitrust law; consumer welfare and beyond.
- Competition Law in a Nutshell: restrictive practices, abuses of dominant position, mergers.
- The EU enforcing systems: Powers & Procedures.
- The EU remedies: A special focus on fines.
- The notions of market power and market definition.
- The notion of undertaking.
- Monopolistic conduct with a special focus on the clash between efficiency and fairness.
- Agreements with a special focus on the notion of agreement.
- Mergers with a special focus on the notion of control.
- Damages and invalidity.
- Review process.
- Class Presentations.
- Moot court (elective).
Teaching methods
Click here to see the teaching methods CLMG
- Face-to-face lectures
- In-class exercises
- Theories and/or case studies discussions (in-class or in distance)
- Oral presentations of individual/group assignments
- Participation in external competitions
Detailed Description of Assessment Methods
The final exam is written and consists of three open questions (7 points each one) and 10 multiple choices (1 point each one). Those who take part to class presentations of the assigned cases are allowed to skip 3 multiple choices. Those who take part to the Moot court are allowed to skip 7 multiple choices.
Textbooks
- PPT presentations, documents and the case law are uploaded on the e-learning.
- R. WHISH-D. BAILEY, Competition Law, Oxford University Press, 2015.
Prerequisites
Attendance is highly recommended, but not compulsory.
Last change 05/06/2017 14:34