Info
Foto sezione
Logo Bocconi

Course 2020-2021 a.y.

50101 - ADVANCED COMPANIES AND BUSINESS LAW - ANTITRUST LAW

Department of Law

Course taught in English


Go to class group/s: 31

CLMG (6 credits - I sem. - OP  |  IUS/04) - M (6 credits - I sem. - OP  |  IUS/04) - IM (6 credits - I sem. - OP  |  IUS/04) - MM (6 credits - I sem. - OP  |  IUS/04) - AFC (6 credits - I sem. - OP  |  IUS/04) - CLELI (6 credits - I sem. - OP  |  IUS/04) - ACME (6 credits - I sem. - OP  |  IUS/04) - EMIT (6 credits - I sem. - OP  |  IUS/04) - GIO (6 credits - I sem. - OP  |  IUS/04) - DSBA (6 credits - I sem. - OP  |  IUS/04) - PPA (6 credits - I sem. - OP  |  IUS/04) - FIN (6 credits - I sem. - OP  |  IUS/04)
Course Director:
MARIATERESA MAGGIOLINO

Classes: 31 (I sem.)
Instructors:
Class 31: MARIATERESA MAGGIOLINO


Suggested background knowledge
PREREQUISITES

Student of Master of Arts in Giurisprudenza [Law] should have passed private law and commercial law as a pre-requisite.


Mission & Content Summary
MISSION

Antitrust law aims at assuring an efficient allocation of resources within the Internal market of the European Union, with the ultimate goal of preventing firms from reducing consumer welfare. Going through the relevant case law, the course aims at analyzing the European antitrust rules, their rationales, their content, and how and by which bodies they are enforced. Therefore, during the course students will learn how to establish whether firms' business strategies are compatible with European antitrust rules.

CONTENT SUMMARY
  • European antitrust law and its public enforcement.
  • European vs. National competition laws. The European network of competition authorities.
  • Basic economic tools: relevant markets and market power.
  • The prohibition of anti-competitive agreements.
  • The prohibition of abuses of a dominant position.
  • The investigative, decisional, fining and remedial powers of European antitrust authorities.
  • Merger regulation: jurisdiction, assessment, remedies.
  • The private enforcement of European antitrust law.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Correctly identify the objectives of antitrust law and distinguish them from those characterizing other pieces of business regulations.
  • Identify jurisdiction of European vs. national antitrust law.
  • Describe the antitrust procedure (investigative powers, decisional and remedial powers; fines) and justify each of those powers in the context of a model of optimal antitrust enforcement.
  • Understand the modus operandi and reasoning followed by antitrust authorities when assessing a potentially anticompetitive behaviour.
  • Recognize in hypothetical cases which pieces of antitrust law could be applied (agreements, abuses of a dominant position, mergers), as well as the liability conditions and limits of application of such individual prohibitions.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Identify possible antitrust risks by using legal analysis and principles.
  • Use (simple) economic instruments and indexes to define areas of potential antitrust risk when designing a  business strategy.
  • Solve hypothetical cases concerning the lawfulness of business agreements and behaviour on the market from an antitrust law standpoint.
  • Define an antitrust defense strategy.
  • Suggest methods of self-evaluation of business activities to avoid or limit the risk of subsequent antitrust liability.
  • Demonstrate the ability to orally explain and communicate with appropriate legal vocabulary.

Teaching methods
  • Face-to-face lectures
  • Guest speaker's talks (in class or in distance)
  • Case studies /Incidents (traditional, online)
  • Group assignments
DETAILS
  • The course hosts one or more guest speakers, such as antitrust lawyers and officials aimed at better understanding how antitrust law is enforced, the risks and opportunities for businesses, as well as general antitrust consulting and defense activities.
  • Hypothetical cases also be analyzed in class. Focusing on a business’s conduct or behavior, possible antitrust liabilities and conditions under which such conduct may be considered prohibited or on the other hand allowed – also because of offering commitments – are identified.
  • At the end of each of the course’s main sections (restrictive agreements, abuses of a dominant position, mergers), the instructor prepares a mock exam showing how to solve both theoretical and practical questions.
  • Students are also assigned a leading decision by the EC Commission or a judgment by the General Court or Court of Justice. They should discuss the case with the class instructor or tutor and then briefly present the most significant or innovative aspects of the judgment/decision in class.
  • Because of the course’s set up, the need to discuss the case law in class, as well as the need to learn how to solve hypothetical antitrust cases, a committed and pro-active attendance is highly recommended.

Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •     x
  • Group assignment (report, exercise, presentation, project work etc.)
  • x    
    ATTENDING AND NOT ATTENDING STUDENTS

    Two scenario questions where students will be required to detect and solve the legal issues at stake

     

    1 hour to answer the two questions

     

    500 words for each answer 

     

    No differences between attending and non-attending students 


    Teaching materials
    ATTENDING AND NOT ATTENDING STUDENTS

    mind maps 

    ppt presentations

    readings (optional)

    Last change 17/08/2020 10:15