50101 - ADVANCED COMPANIES AND BUSINESS LAW - ANTITRUST LAW
CLMG - M - IM - MM - AFC - CLEFIN-FINANCE - CLELI - ACME - EMIT - GIO
Course taught in English
Go to class group/s: 31
The course discusses the EU antitrust law to elicit the legal and economic arguments that may be used to characterize agreements, monopolistic conduct and mergers as unlawful. In particular, after an historical introduction and the analysis of some basic concepts, the course relies on the EU antitrust case law and on main-stream economic theories to examine the conditions under which some business practices impair market functioning.
- Historical introduction: From Assur and Athens to Washington and Brussels.
- The goals of antitrust law; consumer welfare and beyond.
- Competition Law in a Nutshell: restrictive practices, abuses of dominant position, mergers.
- The EU enforcing systems: Powers & Procedures.
- The EU remedies: A special focus on fines.
- The notions of market power and market definition.
- The notion of undertaking.
- 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.
- Class Presentations.
- Moot court (elective).
The final exam is written and consists of three open questions (7 points each one) and 10 multiple choices (1 point each one). Those who take part to class presentations of the assigned cases are allowed to skip 3 multiple choices. Those who take part to the Moot court are allowed to skip 7 multiple choices.
- PPT presentations, documents and the case law are uploaded on the e-learning.
- R. WHISH-D. BAILEY, Competition Law, Oxford University Press, 2015.