European Union Competition Law

A.Y. 2021/2022
Overall hours
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.
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.
Course syllabus and organization

Single session

Lesson period
First semester
The lessons of the first semester of the academic year 2021-2022 will be held in presence at the scheduled times indicated on the UNIMI website (and with the access modes provided by the University) and will also be available on Microsoft Teams in synchronous mode.
The code for access to Teams is: 3bwwfzx.
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.
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.
Teaching Resources
Attendees will prepare for the exam by studying the materials published on the Ariel website.
For those who do not attend, please refer to G. Tesauro, Manuale di diritto dell'Unione europea, volume II, Editoria Scientifica, 2021, pp. 199-314 and the sentences published on the Ariel website.
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. CONDINANZI (eds.), Giurisprudenza di diritto dell'Unione europea. Casi scelti, available (free, PDF format) at

Reference to additional texts and materials will be provided during the course and published on Ariel website also for the benefit of non-attendees.
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
Tuesday, 12 pm
During the health emergency Covid-19, please use the following Microsoft Teams code: 9qlkref