Market Regulation and Business Practices
A.Y. 2023/2024
Learning objectives
The course in Market regulation and business practices aims at providing students with the analytical tools relevant for a general knowledge in different areas such as regulatory strategies (especially based on information), unfair commercial practices and misleading advertising, technological innovation (platforms, algorithms, artificial intelligence, consumer role in the digital era), and the regime of Intellectual Property Rights.
Moreover, the methodology that is used prevailingly is addressed to explain some legal categories to students from different countries who do not have any specific legal background.
The programme is tailored for students like these and in addition is to be combined with the objectives and other courses of the Master degree in corporate communication.
Moreover, the methodology that is used prevailingly is addressed to explain some legal categories to students from different countries who do not have any specific legal background.
The programme is tailored for students like these and in addition is to be combined with the objectives and other courses of the Master degree in corporate communication.
Expected learning outcomes
This course provides an opportunity for students to develop an understanding of, and critically to evaluate, the basic tools, techniques and decision-making methodologies that are employed in regulatory design and practices especially regarding consumers' attitudes and expected behaviour changes through disruptive technology in the digital world.
It will also enable students to undertake a critical appraisal of the main matters which in different ways are related to the matters of the course.
It will also enable students to undertake a critical appraisal of the main matters which in different ways are related to the matters of the course.
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
Course syllabus
The programme is organised in 3 units seeking to give some useful suggestions in different dimensions in order to understand some topics at least complementary to other disciplinary sectors.
The 3 units are (1) on regulatory strategies especially information based regulation and its more innovative tools such as nudging and its theoretical background in cognitive science; (2) on the European legislation on unfair commercial practices and misleading advertising; these topics will be analysed in the light of the digitalisation evolution with regard to the platform economy, big data, artificial intelligence, profiling and digital consumer protection; (3) on the European competition rules and the special regime of Intellectual Property Rights, in particular the new dir. on copyright, and of the business of digital platforms.
The 3 units are (1) on regulatory strategies especially information based regulation and its more innovative tools such as nudging and its theoretical background in cognitive science; (2) on the European legislation on unfair commercial practices and misleading advertising; these topics will be analysed in the light of the digitalisation evolution with regard to the platform economy, big data, artificial intelligence, profiling and digital consumer protection; (3) on the European competition rules and the special regime of Intellectual Property Rights, in particular the new dir. on copyright, and of the business of digital platforms.
Prerequisites for admission
It would be advantageous to have some knowledge of legal matters, esp. public and private law.
Teaching methods
Each unit includes general and theoretical lessons and parallel discussions on cases, laboratories on practical issues and oral presentations by students with the active involvement of the class.
Teaching Resources
For attendant students:
Unit 1 - mandatory readings:
R. Baldwin- M. Cave - M. Lodge, Understanding Regulation :
Part I - chapter 3 (25-39)
part II - chapter 7 (105 - 136) + chapter 8 (137 -146)
Part III - chapter 11 (227 -259)
Karen Yeung, Government by publicity management: sunlight or spin, Public Law 2005
Cass R. Sunstein, Nudges.gov: Behavioral Economics and Regulation, Oxford Handbook of Behavioral Economics and the Law, 2014
Richard H. Thaler - Cass R. Sunstein, Nudge. Improving decisions about health, wealth, and happiness, Yale Univ. Press, 2008
Unit 2 - mandatory readings:
- Dir. 93/13/EEC - Unfair terms in consumer contracts
- DIR. 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market
- DIR. 2006/114/EC concerning misleading and comparative advertising
- DIR (EU) 2019/2161 regarding modernisation of consumer law
- JAN TRZASKOWSKI, Behavioural Economics, Neuroscience, and the Unfair Commercial Practices Directive, J Consum Policy (2011) 34:377-392
- OECD DIGITAL ECONOMY PAPERS, Protecting consumers in peer platform markets. exploring the issues, No. 253, 2016
- NATALI HELBERGER, Profiling and targeting consumers in the Internet of Things - A new challenge for consumer law ( available at: http://ssrn.com/abstract=2728717 )
Unit 3 - mandatory readings:
- Regulation (UE) 2022/2065 on a Single Market For Digital Services (Digital Services Act)
R. WHISH - D. BAILEY, Competition law, OUP, 2012, pp. 617 - 677
A. JONES - B. SUFRIN - N. DUNNE, EU competition law, OUP (seventh edition), 2019: chapter 12 §§ 1-4
For non-attendant students
Unit 1 - mandatory readings:
- R. BALDWIN- M. CAVE - M. LODGE, Understanding Regulation :
o Part I - chapter 3 (25-39)
o part II - chapter 7 (105 - 136) + chapter 8 (137 -146)
o Part III - chapter 11 (227 -259)
- KAREN YEUNG, Government by publicity management: sunlight or spin, Public Law 2005
- CASS R. SUNSTEIN, Nudges.gov: Behavioral Economics and Regulation, Oxford Handbook of Behavioral Economics and the Law, 2014
- RICHARD H. THALER - CASS R. SUNSTEIN, Nudge. Improving decisions about health, wealth, and happiness, Yale Univ. Press, 2008
- YING FAN, Ethical branding and corporate reputation, Corporate Communications: An International Journal (2005)
Unit 2 - mandatory readings:
- Dir. 93/13/EEC - Unfair terms in consumer contracts
- DIR. 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market
- DIR. 2006/114/EC concerning misleading and comparative advertising
-DIR (EU) 2019/2161 regarding modernisation of consumer law
- JAN TRZASKOWSKI, Behavioural Economics, Neuroscience, and the Unfair Commercial Practices Directive, J Consum Policy (2011) 34:377-392
- OECD DIGITAL ECONOMY PAPERS, Protecting consumers in peer platform markets. exploring the issues, No. 253, 2016
- NATALI HELBERGER, Profiling and targeting consumers in the Internet of Things - A new challenge for consumer law ( available at: http://ssrn.com/abstract=2728717
- DANIEL J. SOLOVE, Privacy Self-Management and the Consent Dilemma, GW Law Faculty Publications & Other Works (2013)
Unit 3 - mandatory readings:
- Regulation (UE) 2022/2065 on a Single Market For Digital Services (Digital Services Act)
- R. WHISH - D. BAILEY, Competition law, OUP, 2012, pp. 617 - 677
- A. JONES - B. SUFRIN - N. DUNNE, EU competition law, OUP (seventh edition), 2019: chapter 12 §§ 1-4; 6; 8.
Unit 1 - mandatory readings:
R. Baldwin- M. Cave - M. Lodge, Understanding Regulation :
Part I - chapter 3 (25-39)
part II - chapter 7 (105 - 136) + chapter 8 (137 -146)
Part III - chapter 11 (227 -259)
Karen Yeung, Government by publicity management: sunlight or spin, Public Law 2005
Cass R. Sunstein, Nudges.gov: Behavioral Economics and Regulation, Oxford Handbook of Behavioral Economics and the Law, 2014
Richard H. Thaler - Cass R. Sunstein, Nudge. Improving decisions about health, wealth, and happiness, Yale Univ. Press, 2008
Unit 2 - mandatory readings:
- Dir. 93/13/EEC - Unfair terms in consumer contracts
- DIR. 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market
- DIR. 2006/114/EC concerning misleading and comparative advertising
- DIR (EU) 2019/2161 regarding modernisation of consumer law
- JAN TRZASKOWSKI, Behavioural Economics, Neuroscience, and the Unfair Commercial Practices Directive, J Consum Policy (2011) 34:377-392
- OECD DIGITAL ECONOMY PAPERS, Protecting consumers in peer platform markets. exploring the issues, No. 253, 2016
- NATALI HELBERGER, Profiling and targeting consumers in the Internet of Things - A new challenge for consumer law ( available at: http://ssrn.com/abstract=2728717 )
Unit 3 - mandatory readings:
- Regulation (UE) 2022/2065 on a Single Market For Digital Services (Digital Services Act)
R. WHISH - D. BAILEY, Competition law, OUP, 2012, pp. 617 - 677
A. JONES - B. SUFRIN - N. DUNNE, EU competition law, OUP (seventh edition), 2019: chapter 12 §§ 1-4
For non-attendant students
Unit 1 - mandatory readings:
- R. BALDWIN- M. CAVE - M. LODGE, Understanding Regulation :
o Part I - chapter 3 (25-39)
o part II - chapter 7 (105 - 136) + chapter 8 (137 -146)
o Part III - chapter 11 (227 -259)
- KAREN YEUNG, Government by publicity management: sunlight or spin, Public Law 2005
- CASS R. SUNSTEIN, Nudges.gov: Behavioral Economics and Regulation, Oxford Handbook of Behavioral Economics and the Law, 2014
- RICHARD H. THALER - CASS R. SUNSTEIN, Nudge. Improving decisions about health, wealth, and happiness, Yale Univ. Press, 2008
- YING FAN, Ethical branding and corporate reputation, Corporate Communications: An International Journal (2005)
Unit 2 - mandatory readings:
- Dir. 93/13/EEC - Unfair terms in consumer contracts
- DIR. 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market
- DIR. 2006/114/EC concerning misleading and comparative advertising
-DIR (EU) 2019/2161 regarding modernisation of consumer law
- JAN TRZASKOWSKI, Behavioural Economics, Neuroscience, and the Unfair Commercial Practices Directive, J Consum Policy (2011) 34:377-392
- OECD DIGITAL ECONOMY PAPERS, Protecting consumers in peer platform markets. exploring the issues, No. 253, 2016
- NATALI HELBERGER, Profiling and targeting consumers in the Internet of Things - A new challenge for consumer law ( available at: http://ssrn.com/abstract=2728717
- DANIEL J. SOLOVE, Privacy Self-Management and the Consent Dilemma, GW Law Faculty Publications & Other Works (2013)
Unit 3 - mandatory readings:
- Regulation (UE) 2022/2065 on a Single Market For Digital Services (Digital Services Act)
- R. WHISH - D. BAILEY, Competition law, OUP, 2012, pp. 617 - 677
- A. JONES - B. SUFRIN - N. DUNNE, EU competition law, OUP (seventh edition), 2019: chapter 12 §§ 1-4; 6; 8.
Assessment methods and Criteria
Assessment methods and criteria
The assessment for attendant students is organized as follows:
1. a written test with 2 open questions at the end of each unit, whose final mark will be composed of the tree marks received for each test (weight 75% for the final evaluation).
2. an oral presentation on concepts and case studies related to the topics of the course (weight 25% for the final evaluation).
For non-attendant students:
A written examination that will cover the full span of the course. The examination will include 6 open questions (2 relating to each unit)
Some questions can be aimed at testing the ability to apply the knowledge to practical cases.
The assessment for attendant students is organized as follows:
1. a written test with 2 open questions at the end of each unit, whose final mark will be composed of the tree marks received for each test (weight 75% for the final evaluation).
2. an oral presentation on concepts and case studies related to the topics of the course (weight 25% for the final evaluation).
For non-attendant students:
A written examination that will cover the full span of the course. The examination will include 6 open questions (2 relating to each unit)
Some questions can be aimed at testing the ability to apply the knowledge to practical cases.
Professor(s)