Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2019/2020
Belonging course: 
Course of 5-year Single Cycle Master's Degree Programme on LAW
Disciplinary sector: 
ECONOMICS LAW (IUS/05)
Credits: 
5
Year of study: 
2
Teachers: 
Cycle: 
Second semester
Hours of front activity: 
40

Language

Italian

Course description

The module with legal content has the goal of developing knowledge of relationship between market, law and economic regulation, from the legal point of view to consequently focus on the antitrust and state aid rules. In this respect, after highlighting the concepts of undertaking and relevant market as applied in antitrust rules contest, students will comprehend and interpret discipline referred to: (i) abuse of a dominant position, (ii) competition-restricting agreements, (iii) concentrations; (iii) services of general economic interest and (iv) state aids. These knowledges are intended to develop the capacity of identifying cases of distorting competition.
Expected learning results, in accord to the Dublin descriptors:
- Knowledge and understanding skills
The student will apply the concepts of supply and demand to the markets in the presence of externalities; Will use the comparative static analysis to measure the well-being of Families and Businesses; Will understand the nature and consequences of overall economic equilibrium
Furthermore, the student will develop the knowledge of the general legal framework for issues market-related and constitute grounds for enforcement of competition law (abuse of a dominant position, competition-restricting agreements, concentrations, services of general economic interest and state aids).
- Ability to apply knowledge and understanding
The course is intended to provide tools for analyzing and evaluating, firstly, the effects of public intervention in terms of efficiency and equity and, secondly, the relationships between law and market and with a focus on antitrust rules and, consequently, acquiring the capacity of reordering all into a coherent framework.
- Autonomy of judgment
Through the study of theoretical models and the critical evaluation of the different policy implications, the student will be able to improve his judgment and proposal skills in relation to the analysis of the functioning of the markets. The study of the relationships between law and market, in particular with regard to antitrust rules, makes the student able to identify crucial points of anti-competitive cases also considering the different paths of the jurisprudence theoretical and practical.
- Communicative Skills
Presentation of the theoretical and applied aspects of the functioning of markets in the presence of externalities will be carried out so to enable the acquisition of competence of a technical language and of a suitable specialist terminology. Equally, the explanation of the topics related to economic regulation and antitrust rules is faced focusing on the economic framework underlying the legal point of view to then focus on the technical-legal vocabulary, showing the way to “translate” also in the common sense.
- Learning ability
Learning skills will be stimulated through the discussion in the classroom, also aimed at verifying the actual understanding of the topics discussed. It is expected the acquisition of the capability to be autonomous in making legal assessments under the economic regulation and the competition rules

Prerequisites

The student must have begun to develop skills to understand the legal phenomenon as a tendential ordinating criterion also of economic reality.

Syllabus

Introduction: Market and Law (connections between economic regulation and competition) – Origins of antitrust law – Sources of EU competition law (in USA and Europe) – Undertaking and relevant market in antitrust law - Agreements restricting competition or Cartel conducts (agreements between undertakings, decisions by associations of undertakings and concerted practices; Horizontal and vertical restraints; prohibition and exemptions) – Abuse of a dominant position (dominant position; relations between article 101 and article 102 TFEU; the abuse; collective dominant position)- Concentrations (definition of concentration; Appraisal of concentrations) - public undertakings and undertakings to which Member States grant special or exclusive rights – Services of general economic interest - Aids granted by States

Introduction: Market and Law (2 h) – Origins and sources of antitrust law (5 h) –Undertaking and relevant market in antirust rules (7 h) - Agreements restricting freedom of competition (Cartel conduct) (10 h) – Abuse of a dominant position (6 h) – Concentrations (5 h)- Services of general economic interest (2 h) – Aids granted by States (3 h)

Teaching Methods

The traditional method, with the aid in the classroom of powerpoint presentations

Textbooks

Mario Libertini, Diritto della concorrenza dell’Unione Europea, Giuffrè Editore, 2014, limited for the following parts:
- Introduction: §§ 8-15 (§§ 1-7 for reading only).
- Chap. I
- Chap. II
- Chap. III
- Chap. IV
- Chap. VI: §§. 1-2
- Chap. VII: §§. 1-6 (excluded from
§§. 6.1 going on)
- Chap. VIII

Learning assessment

As to the legal module, the assessment will be acquired through an oral exam with a score of a maximum of 30/30, in which questions are asked in order to verify, on a sample basis, the knowledge of basics and general discipline, so to assess the understanding of the various areas studied and the additional ability to place within the discipline the points object of exposure. The exam moves on to more specific issues up as the level of test improves.. The test usually lasts approximately 15-20 minutes.
The final score (both modules) will be calculated as the arithmetic mean of the abovementioned partial votes referred to each module, rounded up to the nearest integer if decimals exceed 4.
The passing of the test for a single module cannot be used for the purpose of passing the exam in successive examining sessions.
As long as the emergency due to the Covid-19 pandemic lasts, according to the University's provisions, the online oral exam will be integrated with a written test (through an open and short answer question)

More information

For the study it will be necessary to consult the EU legislative sources as well as the jurisprudence of the Court of Justice (which will be reported) available on the website www.eur-lex.europa.eu