50101 - ADVANCED COMPANIES AND BUSINESS LAW - ANTITRUST LAW
CLMG - M - IM - MM - AFC - CLEFIN-FINANCE - CLELI - ACME - EMIT - GIO
Department of Law
Course taught in English
CLMG (8 credits - I sem. - OP | 16 credits 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) -
CLEFIN-FINANCE (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)
Course Objectives
The course discusses the U.S. and EU antitrust laws to elicit the economic and legal arguments that may be used to characterize agreements, monopolistic conduct and mergers as unlawful. In particular, after the analysis of some basic concepts common to the two jurisdictions, the course relies on the U.S. and EU case law and on main-stream economic theories to examine the conditions under which some business practices impair market functioning.
Intended Learning Outcomes
Click here to see the ILOs of the course CLMG
Knowledge and understanding
At the end of the course student will be able to do:
to know the ratio and goals of the antitrust laws; to identify possible conflicts between competition and other instances worthy of protection (health, environment, media freedom, banking stability, etc.) and the way in which these conflicts may be (or are in fact) solved; to know the actors, the way in which the law is enforced and the enforcement priorities; to understand and interpret the three pillars of antitrust law (restrictive practice, abuses of dominance, mergers), considering both the economic analysis, and the case law and enforcement practice; to know the tools that the law provides in order to achieve its goals (fines, but also presumptions, the standard of proof, etc.) and the rights of the defense; finally to understand the functioning of the "antitrust" judicial system.
Applying knowledge and understanding
At the end of the course student will be able to do:
understand, from a general point of view, the different reasons behind provisions promoting and protecting competition, as well as the effectiveness of tools used to that effect, with particular reference to both "educational" and advocacy tools (such as notices, guidelines, guidance), and "punitive" instruments (particularly the arrey of fines provided for in the antitrust legislation). From a practical point of view, students will be able to identify the correct jurisdiction, as well as framing, interpreting and evaluating the likely competitive issues related to decisions, agreements and practices which a company intends to engage in, organizing the first lines of defense (defensive strategies, procedures, etc.), as well as identify possible lines of attack that could be developed in a matter concerning competition.
Course Content Summary
- The goals of antitrust law
- The U.S. and EU enforcing systems: Powers & Procedures
- The U.S. and EU remedies: A special focus on fines
- The notions of market power and market definition
- Monopolistic conduct with a special focus on the clash between efficiency and fairness
- Agreements with a special focus on the notion of agreement
- Mergers with a special focus on the notion of control
- Damages and invalidity
- Review process
- Antitrust in regulated industries
- Sham litigation
Teaching methods
Click here to see the teaching methods CLMG
- Face-to-face lectures
- Guest speaker's talks (in-class or in distance)
- In-class exercises
- Theories and/or case studies discussions (in-class or in distance)
- Oral presentations of individual/group assignments
Detailed Description of Assessment Methods
The final exam consists of two open questions and some multiple choices. Those who make class presentations of the assigned cases are allowed to skip the multiple choices and answer another open question.
Textbooks
- The materials uploaded on the e-learning.
- Testi d'esame & Articoli on line (verifica disponibilità in Biblioteca) / Exam textbooks & Online Articles (check availability at the Library).
Prerequisites
Attendance is highly recommended, but not compulsory.
Last change 13/06/2016 11:35