EUROPEAN COMPETITION LAW - MOD. I
The aim of the teaching course is to provide for a general knowledge of EU rules on the freedom to provide services and the freedom of establishment and EU competition law and a comparison between EU rules on competition and the Italian ones. The course will be focused on the analysis of the EU leading case-law relating this issues and ECJ judgments
No prerequisites. Basis knowledge of EU law is suggested
Part 1(3 ECT 24 hours)
The freedom to provide services, the freedom of establishment, primary and secondary establishment, the mutual recognition of diplomas and professional qualifications. The Service Directives
Part II. (Module, ECT 48 hours)
The notion of undertaking, the notion of relevant market, the extraterritorial application of EU competition law and the agreements between EU and third countries. Rules applying to undertakings: agreements, association decisions and concerted practices, the abuse of a dominant position. The Regulation No. 1/2003 and the powers of the European Commission and national Authorities on the application of competition law. The law No. 287/90 and the Italian Authority. The role of national judge and the private enforcement. Sanctions and Leniency program. Mergers. The rules applying to Member States, public undertakings and services of economic general interest, State aid: the notion of state aid, new aid and existing aid, illegal aid, compatible and no compatible aid, the recovery of illegal aid. The control of the Commission and the procedure under Regulation No. 659/99. The role of national judge and the private enforcement.
The freedom of establishment and the freedom to provide sevices under the TFEU. EU Competition Law (private behaviours and Member States obligations)
Lessons in class; mid-term exam (written, not compulsory), regarding the topics of the first half of the program, 36 hours, (if compatible with the organization of the course and the time-table). The mid-term exam will consists in 3-4 questions and open answers (duration: 1 h and 15 minutes approximately). Students participating in the mid-term exam will be evaluated in the oral exam only on topics included in the second half of the program.
Suggested book: Luigi Daniele, Diritto del mercato unico europeo, 2016, Giuffré CAPP: IV, VI e VII
MATERIALS: TO BE DOWNLOADED FROM THE PAGE OF PROF. SCHEPISI WEBSITE Dipartimento di studi economici e giuridici, DISEG)
Folder "Concorrenza" (6 CFU) + Folder "Servizi" (3 CFU). The folder “concorrenza” is also available in english
Oral exam, in order to verify the level of the knowledge acquired, the methodology followed (and suggested during the course). The duration of the exam will be about 15-20 minutes for each student; 3 questions (only 1 or 2 if the student has participated in the mid-term).
the student should be able to know and understand the content and the functioning of the main rules provided for under the TFEU as regards services and competition behaviors of private parties, and of Member State. Moreover he should be able to differentiate the content of the different cases solved by the EU Court of Justice in order to appreciate the different solution adopted by the Court or the different reasoning followed.