EU Competition Law (Academic Year 2017/2018)

General overview

The 36-hour course was held from mid-February to early May 2018, with a regular attendance from 30 students approximately. Near the course’s end, some students actively participated by delivering presentations on prominent EU competition law cases that were dealt with during the lectures, and this activity was taken into account as part of the final evaluation.

 

Learning outcomes

The course is aimed at providing the students with legal tools and methodologies that are needed for a specialized and deepened study of this law branch, that represents one of the main fields of intervention of the European Union. Its main focus is therefore making students understand the legal tools of this area of law, whose knowledge, both from a public and private perspective, is increasingly required to legal consultants called to advise undertakings operating on a regular basis in a cross-border dimension in order to avoid breaches of EU competition law.

The main EU acts are thoroughly examined, in particular Regulation No 1/2003 on the application of present Arts. 101-102 TFEU and Directive 2014/104 on actions for damages for infringements of competition law, implemented in Italy by the recent legislative decree No 3/2017. In addition, provisions on State aids are analyzed in the light of Regulation No 2015/1589, so called procedural regulation, as well as the discipline on mergers between undertakings.

After introducing the subject matter of the above-mentioned acts, the course implements a practice-oriented perspective by analyzing the relevant international and domestic case law, as well as by solving actual cases. This kind of perspective is intended to better clarify the real repercussions on the national and European economic fabric of a subject that over the decades acquired a fundamental role for the correct functioning of the internal market.

The tailor-made structure of the course enables students to obtain the knowledge of the different issues related to competition law and understand the practical effects of a law field that, in relation to the rules necessary for the functioning of the internal market, represents one the exclusive competences of the European Union.

 

Syllabus

The course analyses the competition rules applying both to undertakings and Member States, both from a public and private perspective.
In summary, the following topics are covered:

COMPETITION RULES APPLYING TO UNDERTAKINGS

  • Arts. 101-102 TFEU on the agreements between undertakings and the abuse of dominant position with special regard to the Microsoft, Google and Intel cases;
  • Regulation No 1/2003, the modernization of EU competition law and the role of the Commission and the national competition authorities;
  • Regulation No 773/2004, the competition procedures before the Commission and the undertakings’ rights of defence;
  • the competition procedures before the Italian national authority; compliance programmes, settlements and leniency programmes;
  • the economic analysis underneath a competition case;
  • competition law applied to the pharmaceutical industry: Astra-Zeneca and Roche-Novartis cases;
  • Directive No 2014/104, actions for damages for infringements of competition law and the procedural tool for the protection of damaged parties;
  • the application of Arts. 101-102 TFEU at an Italian level;
  • private international law issues and the application of Brussels Ia and Rome II Regulation in cross-border damages actions.

COMPETITION RULES APPLYING TO MEMBER STATES

  • Arts. 107-108 TFEU;
  • Regulation No 2015/1589 and the procedure for the assessment of the compatibility of a national measure;
  • illegal, incompatible and abusive aids;
  • damage compensation.

MERGERS BETWEEN UNDERTAKINGS.

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