Market Regulation and Business Practices
A.Y. 2025/2026
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 regulation of ethical branding and greenwashing.
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 regulation of ethical branding and greenwashing.
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 attending students. In addition to the materials provided in class:
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
- Regulation (UE) 2022/2065 on a Single Market For Digital Services (Digital Services Act)
- Regulation (UE) 2024/1689 on Artificial Intelligence (Artificial Intelligence Act)
- 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:
- BERT K., Empowering Consumers for the Green Transition: Overview of Directive (EU) 2024/825, (2024), 13, Journal of European Consumer and Market Law, Issue 5, pp. 205-217 (available on minerva)
- MACLENNAN J-DE CATELLE W., The Revision of EU Greenwashing Laws: A New Framework of Analysis, in Business and Human Rights Journal, Published online 2025:1-7 (available on minerva)
- TINGER M.-WALTON S., O'KANE P., (51-70), The Climate Impact of Misinformation, Disinformation, and Greenwashing in Advertising in VANDENBERG - K.M.-TINGER (ed.), Rethinking Advertising: Ethics and Effectiveness, Cham (Switzerland), Springer Nature, 2025 (available on minerva)
- VANDENBERG K.M.-TINGER, Rethinking Advertising, in VANDENBERG K.M.-TINGER (ed.), Rethinking Advertising: Ethics and Effectiveness, Cham (Switzerland), Springer Nature, 2025 (1-17) (available on minerva)
For non-attending 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 decisionsabout 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
- Regulation (UE) 2022/2065 on a Single Market For Digital Services (Digital Services Act)
- Regulation (UE) 2024/1689 on Artificial Intelligence (Artificial Intelligence Act)
- 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:
- BERT K., Empowering Consumers for the Green Transition: Overview of Directive (EU) 2024/825, (2024), 13, Journal of European Consumer and Market Law, Issue 5, pp. 205-217 (available on minerva)
- MACLENNAN J-DE CATELLE W., The Revision of EU Greenwashing Laws: A New Framework of Analysis, in Business and Human Rights Journal, Published online 2025:1-7 (available on minerva)
- TINGER M.-WALTON S., O'KANE P., (51-70), The Climate Impact of Misinformation, Disinformation, and Greenwashing in Advertising in VANDENBERG - K.M.-TINGER (ed.), Rethinking Advertising: Ethics and Effectiveness, Cham (Switzerland), Springer Nature, 2025 (available on minerva)
- VANDENBERG K.M.-TINGER, Rethinking Advertising, in VANDENBERG K.M.-TINGER (ed.), Rethinking Advertising: Ethics and Effectiveness, Cham (Switzerland), Springer Nature, 2025 (1-17) (available on minerva)
- KUNTZ T., Introduction, in KUNTZ T. (ed.), Handbook on Environmental, Social, and Corporate Governance, Edward Elgar Publishing Ltd., 2024 (1-20) (available on minerva)
- MACCHIAVELLO E., "Greenwashing" in investment intermediation: investor protection investor protection and the difficult role of enforcement, Forthcoming in European Business Law Review, 2026, available on https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4957242 (1-74)
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
- Regulation (UE) 2022/2065 on a Single Market For Digital Services (Digital Services Act)
- Regulation (UE) 2024/1689 on Artificial Intelligence (Artificial Intelligence Act)
- 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:
- BERT K., Empowering Consumers for the Green Transition: Overview of Directive (EU) 2024/825, (2024), 13, Journal of European Consumer and Market Law, Issue 5, pp. 205-217 (available on minerva)
- MACLENNAN J-DE CATELLE W., The Revision of EU Greenwashing Laws: A New Framework of Analysis, in Business and Human Rights Journal, Published online 2025:1-7 (available on minerva)
- TINGER M.-WALTON S., O'KANE P., (51-70), The Climate Impact of Misinformation, Disinformation, and Greenwashing in Advertising in VANDENBERG - K.M.-TINGER (ed.), Rethinking Advertising: Ethics and Effectiveness, Cham (Switzerland), Springer Nature, 2025 (available on minerva)
- VANDENBERG K.M.-TINGER, Rethinking Advertising, in VANDENBERG K.M.-TINGER (ed.), Rethinking Advertising: Ethics and Effectiveness, Cham (Switzerland), Springer Nature, 2025 (1-17) (available on minerva)
For non-attending 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 decisionsabout 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
- Regulation (UE) 2022/2065 on a Single Market For Digital Services (Digital Services Act)
- Regulation (UE) 2024/1689 on Artificial Intelligence (Artificial Intelligence Act)
- 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:
- BERT K., Empowering Consumers for the Green Transition: Overview of Directive (EU) 2024/825, (2024), 13, Journal of European Consumer and Market Law, Issue 5, pp. 205-217 (available on minerva)
- MACLENNAN J-DE CATELLE W., The Revision of EU Greenwashing Laws: A New Framework of Analysis, in Business and Human Rights Journal, Published online 2025:1-7 (available on minerva)
- TINGER M.-WALTON S., O'KANE P., (51-70), The Climate Impact of Misinformation, Disinformation, and Greenwashing in Advertising in VANDENBERG - K.M.-TINGER (ed.), Rethinking Advertising: Ethics and Effectiveness, Cham (Switzerland), Springer Nature, 2025 (available on minerva)
- VANDENBERG K.M.-TINGER, Rethinking Advertising, in VANDENBERG K.M.-TINGER (ed.), Rethinking Advertising: Ethics and Effectiveness, Cham (Switzerland), Springer Nature, 2025 (1-17) (available on minerva)
- KUNTZ T., Introduction, in KUNTZ T. (ed.), Handbook on Environmental, Social, and Corporate Governance, Edward Elgar Publishing Ltd., 2024 (1-20) (available on minerva)
- MACCHIAVELLO E., "Greenwashing" in investment intermediation: investor protection investor protection and the difficult role of enforcement, Forthcoming in European Business Law Review, 2026, available on https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4957242 (1-74)
Assessment methods and Criteria
Assessment methods and criteria
The assessment for attending 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-attending 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 attending 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-attending 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.
IUS/05 - ECONOMICS LAW - University credits: 9
Lessons: 60 hours
Professors:
Abu Awwad Amal, Greco Gian Luca
Professor(s)
Reception:
1st term 2:30–4:30 p.m., online (you will be contacted on Teams during office hours) or in person upon registration by sending an email to the following address: [email protected]
via della Passione, stanza 116