ID:
M393
Tipo Insegnamento:
Obbligatorio
Durata (ore):
48
CFU:
6
SSD:
DIRITTO DELL'UNIONE EUROPEA
Url:
GIURISPRUDENZA/EUROPEAN LAW Anno: 5
Anno:
2023
Dati Generali
Periodo di attività
Primo Semestre (11/09/2023 - 02/12/2023)
Syllabus
Obiettivi Formativi
Knowledge and understanding: this course aims at providing students with the basic intellectual tools to understand and apply complex antitrust concepts in the context of EU law. The students will develop a tool-kit combining basic economics principles at the basis of antitrust laws, with the legal architecture of competition laws in the EU, starting from the rationale and ultimate goals of EU competition law to its core pillars: from the ex post public enforcement of the prohibition of horizontal/vertical collusive practices between firms and of unilateral abuses of market powers to the ex ante, perspective analysis of mergers, to finish with the rules against State aids. The course intends also to provide students with the wider legal implications that such provisions have in the EU legal systems in terms of the actionability before courts of EU competition law.
Applying knowledge and understanding: The course, through lectures and interactive sessions, intends to provide students with the ability to apply EU competition law principles of analysis to real cases. During the course, students will be assigned one or two cases and tasked with the preparation of one or two case notes/memos. At the end of the course, a written 24hours take-home exam will take place which is designed to test the students’ analytical skills in the context of a real life scenario.
Making judgements: Antitrust laws, including EU competition law, require analyzing a specific fact pattern starting from its likely effects on the competitive process and ultimately on the efficient allocation of resources in a given market, taking into account the economic and regulatory features.
The course will thus try to enable students to carry out such analysis and to make critical judgements on its application to practical cases. To this end, students are exposed to the thinking from the perspective of practitioners as well as of officials and case managers of agencies enforcing competition law. This will highlight real-life challenges and prove useful in the career-path. This will require willingness to: read through long and complex cases by the EU Commission in the relevant areas; develop familiarity with basic economic concepts; develop a keen interest in understand how an industry work; learn on litigation strategies; and the ability to argue and plead in public. Students are invited to think critically.
Communication skills – At the end of the course, the student should be able to:
- use the legal and technical vocabulary of antitrust laws and economics;
- understand the effectiveness of short, to the point, presentations;
- write short case notes/memos;
- develop the ability to extract the key takeaways from a case;
- understand the importance of rhetorical skills to explain complex aspects.
In-class participation is expected, and is designed to encourage the formulation and exposition of personal ideas.
Learning skills: the economic and legal knowledge gained during the course, combined with the ability to analyze actual cases, will provide students with a solid knowledge of the fundamental aspects of EU competition law and practice which will complete her overall preparation and represents the basis for further steps in her career in the EU, either in public institutions or private practice or in academia.
Applying knowledge and understanding: The course, through lectures and interactive sessions, intends to provide students with the ability to apply EU competition law principles of analysis to real cases. During the course, students will be assigned one or two cases and tasked with the preparation of one or two case notes/memos. At the end of the course, a written 24hours take-home exam will take place which is designed to test the students’ analytical skills in the context of a real life scenario.
Making judgements: Antitrust laws, including EU competition law, require analyzing a specific fact pattern starting from its likely effects on the competitive process and ultimately on the efficient allocation of resources in a given market, taking into account the economic and regulatory features.
The course will thus try to enable students to carry out such analysis and to make critical judgements on its application to practical cases. To this end, students are exposed to the thinking from the perspective of practitioners as well as of officials and case managers of agencies enforcing competition law. This will highlight real-life challenges and prove useful in the career-path. This will require willingness to: read through long and complex cases by the EU Commission in the relevant areas; develop familiarity with basic economic concepts; develop a keen interest in understand how an industry work; learn on litigation strategies; and the ability to argue and plead in public. Students are invited to think critically.
Communication skills – At the end of the course, the student should be able to:
- use the legal and technical vocabulary of antitrust laws and economics;
- understand the effectiveness of short, to the point, presentations;
- write short case notes/memos;
- develop the ability to extract the key takeaways from a case;
- understand the importance of rhetorical skills to explain complex aspects.
In-class participation is expected, and is designed to encourage the formulation and exposition of personal ideas.
Learning skills: the economic and legal knowledge gained during the course, combined with the ability to analyze actual cases, will provide students with a solid knowledge of the fundamental aspects of EU competition law and practice which will complete her overall preparation and represents the basis for further steps in her career in the EU, either in public institutions or private practice or in academia.
Prerequisiti
The course requires a sound background in EU Law. While not a pre-requisite, prior basic knowledge of microeconomics and/or industrial organization would be helpful.
Metodi didattici
The course will be run via lectures and seminars, and it will be highly interactive. Theoretical issues will be confronted with practical cases in order to allow the students to understand and verify how EU competition law is actually implemented. Each week there will be:
- a 2-hour “on campus” lecture which will see, in relation to the main areas, the presence of economists and/or competition agencies officials for specific topics;
- a 1-hour “online” session during which there will be a discussion on cases related to the topics covered that week in the “on campus” session. Students are expected to read the assigned cases. Students will be asked to make a short slide-deck presentation of one of the assigned cases. More details on these aspects will be made available on the course’s web page.
Teaching materials for regular attendees (slides, cases, etc.) will be made available on the course’s web page.
- a 2-hour “on campus” lecture which will see, in relation to the main areas, the presence of economists and/or competition agencies officials for specific topics;
- a 1-hour “online” session during which there will be a discussion on cases related to the topics covered that week in the “on campus” session. Students are expected to read the assigned cases. Students will be asked to make a short slide-deck presentation of one of the assigned cases. More details on these aspects will be made available on the course’s web page.
Teaching materials for regular attendees (slides, cases, etc.) will be made available on the course’s web page.
Verifica Apprendimento
The students attending at least 80% of the classes will be evaluated on the basis of a 24-hour, take-home exam, as well as on the degree of their active in-class participation.
The other students will be requested to sit an oral exam.
The other students will be requested to sit an oral exam.
Testi
Richard Whish/David Bailey, Competition Law, Oxford University Press, 10th ed., 2021
The relevant sections/pages of this text will be communicated in due course.
Students will be examined mainly on the materials (slide decks and cases) that will be illustrated each week.
The relevant sections/pages of this text will be communicated in due course.
Students will be examined mainly on the materials (slide decks and cases) that will be illustrated each week.
Contenuti
Topics will include, but are not limited to:
- Legal rationale of EU competition law: competitive process, economic efficiency and the Single Market
- Agreements and concerted practices: horizontals and verticals
- Unilateral abuse of market power
- Powers of the EU Commission and the ECN
- Mergers
- State aids
Students must be fluent in English.
- Legal rationale of EU competition law: competitive process, economic efficiency and the Single Market
- Agreements and concerted practices: horizontals and verticals
- Unilateral abuse of market power
- Powers of the EU Commission and the ECN
- Mergers
- State aids
Students must be fluent in English.
Risultati di Apprendimento Attesi
Students who intend to do research or provide professional advice in this area must be able to understand and apply basic economic concepts and be willing to go hands-on into the relevant economic and regulatory features of the relevant industry in order to fully appreciate the actual competitive dynamics existing therein and asses the possible or likely effects of any given practice being analyzed.
Thus, any legal analysis must go well beyond textbook-knowledge of the rules of the game and be ready to engage with unresolved legal and economic issues.
Each week, the course will provide new elements to better understand the discipline. Furthermore, the discussion will analyze different contemporary topics, combining both substantive legal and economic aspects of EU competition law.
Thus, any legal analysis must go well beyond textbook-knowledge of the rules of the game and be ready to engage with unresolved legal and economic issues.
Each week, the course will provide new elements to better understand the discipline. Furthermore, the discussion will analyze different contemporary topics, combining both substantive legal and economic aspects of EU competition law.
Criteri Necessari per l'Assegnazione del Lavoro Finale
Successful completion of the final exam.
Corsi
Corsi
GIURISPRUDENZA
Laurea Magistrale Ciclo Unico 5 Anni
5 anni
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Persone
Persone
Altro personale docente
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