European Union Competition Law
A.Y. 2020/2021
Learning objectives
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 thinking. 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.
- Learning skills. 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.
- 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 thinking. 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.
- Learning skills. 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.
Expected learning outcomes
By the end of the course, students will be expected to have acquired: (i) an adequate knowledge and understanding of EU competition law; (ii) the ability to work with principles and legal rules, as well as to apply the notions learnt to practical cases; (iii) the ability to interpret the legal rules studied and to take properly argued and legally sound positions on the subjects of the course; (iv) a deep knowledge of the legal terminology related to EU law; (v) the basic skills to further develop and update their knowledge of EU transport law.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
The lessons will take place on Microsoft Teams (synchronous mode), at the scheduled times, and will be recorded and made available on the same platform and on the ARIEL course's website. Information on how to access Microsoft Teams lessons and other instructions will be uploaded to the ARIEL course's website, which is recommended to be consulted regularly.
According to the health situation, in compliance with the relevant regulations, the lessons could also be held in classroom (mixed mode); in such a case, the students will be promptly informed and notified via the ARIEL website of the course.
In any case, the lessons will be recorded and left available to students for the entire duration of the semester.
Program and reference material
The course syllabus and reference material are unchanged.
Learning assessment procedures and assessment criteria
The methods for verifying learning and the assessment criteria will not be subject to changes.
The exam will take place orally on the Microsoft Teams platform.
According to the health situation and the availability of the classrooms and in compliance with the necessary safety conditions, the exam could take place in the classroom.
In any case, the possibility of carrying out the exam remotely will be ensured for students who are unable to move from their place of residence and / or domicile.
More precise indications and updates will be available on the Ariel website of the course, which is therefore recommended to be consulted regularly.
The lessons will take place on Microsoft Teams (synchronous mode), at the sheduled times, and will be recorded and made available on the same platform and on the ARIEL course's website. Information on how to access Microsoft Teams lessons and other instructions will be uploaded to the ARIEL course's website, which is recommended to be consulted regularly.
According to the health situation, in compliance with the relevant regulations, the lessons could also be held in classroom (mixed mode); in such a case, the students will be promptly informed and notified via the ARIEL website of the course.
In any case, the lessons will be recorded and left available to students for the entire duration of the semester.
Program and reference material
The course syllabus and reference material are unchanged.
Learning assessment procedures and assessment criteria
The methods for verifying learning and the assessment criteria will not be subject to changes.
The exam will take place orally on the Microsoft Teams platform.
According to the health situation and the availability of the classrooms and in compliance with the necessary safety conditions, the exam could take place in the classroom.
In any case, the possibility of carrying out the exam remotely will be ensured for students who are unable to move from their place of residence and / or domicile.
More precise indications and updates will be available on the Ariel website of the course, which is therefore recommended to be consulted regularly.
The lessons will take place on Microsoft Teams (synchronous mode), at the sheduled times, and will be recorded and made available on the same platform and on the ARIEL course's website. Information on how to access Microsoft Teams lessons and other instructions will be uploaded to the ARIEL course's website, which is recommended to be consulted regularly.
Course syllabus
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 application of competition rules on private dimension, in the light of Directive 2014/104 /EU, recently transposed in Italy by d.Lgs. January 19, 2017, no. 3; m) the extra-territorial scope of antitrust rules.
The general topics will also be discussed through the analysis of recent cases relating to their application in some regulated sectors. Particular attention will also be given to the application of competition rules in the pharmaceutical sector and in general within the public health policies carried out by European Union.
As for the part of the course devoted to State aid (required to achieve 9 training credits), 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; privatizations.
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 application of competition rules on private dimension, in the light of Directive 2014/104 /EU, recently transposed in Italy by d.Lgs. January 19, 2017, no. 3; m) the extra-territorial scope of antitrust rules.
The general topics will also be discussed through the analysis of recent cases relating to their application in some regulated sectors. Particular attention will also be given to the application of competition rules in the pharmaceutical sector and in general within the public health policies carried out by European Union.
As for the part of the course devoted to State aid (required to achieve 9 training credits), 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; privatizations.
Prerequisites for admission
The course of European Union Law is preparatory. Students are not admitted to the exam if they don't have previously passed the exam of European Union Law.
Teaching methods
The course will be taught mostly through lectures; they offer a complete picture of the topics above listed; attendance allows the development of the notions and competences required to pass the exam.
Some of the lectures could be taken by scholars, lawyers, experts.
Lectures may be supplemented by seminars and case studies, whose organisation will be reported to the students, so that they can participate.
Attendance of the course is strongly recommended.
Some of the lectures could be taken by scholars, lawyers, experts.
Lectures may be supplemented by seminars and case studies, whose organisation will be reported to the students, so that they can participate.
Attendance of the course is strongly recommended.
Teaching Resources
For reference to the EU competition law, see:
F. ROSSI DAL POZZO, Codice della concorrenza, Torino, 2019, Giappichelli.
F. ROSSI DAL POZZO, Codice degli aiuti di Stato, Torino, 2019, Giappichelli.
For references to the case law of the EU and national courts, see B. NASCIMBENE, M. CONDI-NANZI (eds.), Giurisprudenza di diritto dell'Unione europea. Casi scelti, Milano, 2019, available (free, PDF format) at http://libreria.eurojus.it/prodotto/giurisprudenza-di-diritto-dellunione-europea-casi-scelti/.
Reference to additional texts and materials will be provided during the course.
F. ROSSI DAL POZZO, Codice della concorrenza, Torino, 2019, Giappichelli.
F. ROSSI DAL POZZO, Codice degli aiuti di Stato, Torino, 2019, Giappichelli.
For references to the case law of the EU and national courts, see B. NASCIMBENE, M. CONDI-NANZI (eds.), Giurisprudenza di diritto dell'Unione europea. Casi scelti, Milano, 2019, available (free, PDF format) at http://libreria.eurojus.it/prodotto/giurisprudenza-di-diritto-dellunione-europea-casi-scelti/.
Reference to additional texts and materials will be provided during the course.
Assessment methods and Criteria
The final exam will be oral (both for students who attended the course and for those who did not), and the grade will be expressed in thirtieths (/30), with the possibility of attributing honors. The criteria for assessing the oral exam include the correctness of the contents, the clarity of the argumentations put forward, the ability to provide a critical analysis and to work with principles and notions.
IUS/14 - EUROPEAN UNION LAW - University credits: 9
Lessons: 63 hours
Professor:
Rossi Dal Pozzo Francesco
Professor(s)
Reception:
Wednesdays, 11.30 am
Wednesdays 11.30 a.m. - 12.30 a.m. by appointment (to be agreed upon by e-mail to [email protected]). MS Teams code: 9qlkref / Section of International and European Union Law of the Department of Italian and Supranational Public Law