Aims of the course and expected results - Knowledge and understanding of the subjects of the course. Students will be expected to demonstrate an adequate knowledge and understanding of EU competition policy and of the rules and principles which regulate the relationships between EU and national law (in particular, Italian law). - Ability to work with principles and provisions. Students will be expected to successfully apply the notions learnt during the course to practical cases, through the study of official documents of the EU and, in particular, the case-law of the European Court of Justice. - Independent judgment. Students will be expected to convincingly debate and put forward arguments with respect to the subjects of the course. - Legal terminology skills. Students will be expected to express the knowledge acquired during the course in a coherent, well-argued fashion as well as with proper legal terminology. - Ability to learn. Students will be expected to have acquired the basic skills to further develop and update their knowledge of EU competition law, by applying the legislative framework as well as the relevant case-law, also at a national level.
The course is part of the Jean Monnet Programme promoted by the European Commission and falls within the initiatives fostered by the Jean Monnet European Centre of Excellence of the University of Milan. The course focuses on EU competition law, covering both its private dimension (i.e., the rules concerning companies) and the area of State aid law.
As for the EU competition rules addressed to companies (i.e., antitrust law), the course will mainly analyse the following aspects: a) the freedom of competition; b) the rules, competences and tools for the public enforcement of competition law; c) the existing judicial remedies; d) the relationship between European Commission and national competition authorities; e) the relevant notions under Article 101 TFEU (e.g., undertaking; agreement; parallel conduct; decision of association of undertakings); f) the obligations stemming from Article 101 TFEU and the exemptions provided therein; g) the sanctions for the violation of Article 101 TFEU; h) the relationship between Articles 101 and 102 TFEU; i) the control of concentrations and the reasons for an ad hoc discipline; l) the extra-territorial scope of antitrust rules.
As for the part of the course devoted to State aid, the lectures will mainly focus on the following aspects: a) State conduct and the obligations stemming from Articles 3, 4(3) and 101 TFEU; b) State conduct and the aid granted to companies (both private and public); c) the rules on aid recovery; d) the procedures for assessing the lawfulness and compatibility of the aid; e) public undertakings and public service; privatisations.
The course will take place in the first semester of the academic year and will be mainly seminar-based. Attendance is mandatory. The course is aimed at students having already passed the exam in European Union Law, and is particularly recommended to those who have asked (or who intend to ask) to be allocated a thesis on this subject.
Examination The exam will only consist of an oral interview.
Recommended texts and materials B. NASCIMBENE - M. CONDINANZI (con la collaborazione di C. Amalfitano e C. Sanna), Giurisprudenza di diritto comunitario. Casi scelti, Milano, ultima edizione disponibile.
For reference to the existing law, see B. NASCIMBENE, Unione europea - Trattati, 4ª ed., Torino, Giappichelli, 2016.
Reference to additional texts and materials will be provided during the course.