COMPETITION LAW

Channel 1
PAOLA CHIRULLI Lecturers' profile

Program - Frequency - Exams

Course program
Program: The limits to free markets within the EU and the balance between individual freedoms and public interests: constitutional and legal framework, in the EU and the national context.The law, policy and governance of competition in the EU, The relationship between competition law and regulation (4 hours). The scope and goals of competition law; an overview of EU and national principles of competition law.The role,the powers and accountability of independent competition and regulatory agencies, both within the EU and the national context (6 hours). The economics of competition law. Market definition and market power (approx. 4 hours). Discussion of a case (2 hours) An overview of the sources of EU competition law: articles 101- 106 TFEU. The role of soft law (approx. 2 hours) Article 101 TFEU and anticompetitive agreements: introduction and scheme. The notion of undertaking, agreements, decisions and concerted practice (approx. 4 hours). Restriction by object and by effect. Horizontal and vertical agreements. Examples and case law (approx 4 hours). Discussion of a case (2 hours) The burden of proof and the consequences of infringement. Article 101 (1) and Article 101 (3). Individual and block exemptions (approx. 2 hours) Discussion of a case (2 hours) Article 102 TFEU: abuse of dominant position. Relationship with article 101.The definition of dominant position and the notion of abuse (4 hours) Market definition and market power in article 102 (approx. 2 hours) Discussion of a case (2 hours) The types of the abuse. Exclusionary and exploitative abuses: the Commission's Guidance. The burden of proof and defences.Abuses concerning prices. Predatory pricing. Margin Squeeze. Exclusive dealing and distribution. Discounts and rebates. Examples and case law (approx. 6 hours) Discussion of a case (2 hours)
Prerequisites
A knowledge of the basic notions of public law, private law and european law is required
Books
R. Whish-D. Bailey, Competition Law, OUP, 9th ed.; chapters 1 to 7. Materials and case-law will be discussed during the course. They, as well as the slides used during the lectures, will be made available on the Moodle platform for the students who attend the course.
Frequency
traditional lectures will be complemented by the discussion of case law previously uploaded on the moodle platform
Exam mode
ORAL EXAM: The exam aims at assessing the knowledge of the main topics analyzed during the course, as well as the capability to carry out a logical and correct legal analysis. The exam requires the study of the textbook and, for the students who attend the course, of the slides and of the material and the case-law made available on the moodle platform. In particular, it will positively be appreciated the student's capability to use an appropriate legal terminology, to navigate the different sources of law and develop a coherent legal reasoning. The exam will be oral and will last approximately between twenty and thirty minutes. The student will be asked general open-ended questions on the main topics of the program. In order to pass the exam, the student will have to achieve a minimum mark of 18/30, showing at least a basic knowledge of the main topics. In order to achieve 30/30 con lode, the student will have to show an excellent command of all the topics analyzed during the course, as well as being able to coherently connect them. Besides, the student will have to show the capability to apply the theoretical notions, by being able to give examples or offer solutions which require the application of acquired notions to concrete examples and cases. The reference to case-law discussed during the course (for the students who attended it) will be taken into consideration and may help increase the final mark of two to three points.
Lesson mode
raditional lectures will be complemented by the discussion of case law previously uploaded on the moodle platform
PAOLA CHIRULLI Lecturers' profile

Program - Frequency - Exams

Course program
Program: The limits to free markets within the EU and the balance between individual freedoms and public interests: constitutional and legal framework, in the EU and the national context.The law, policy and governance of competition in the EU, The relationship between competition law and regulation (4 hours). The scope and goals of competition law; an overview of EU and national principles of competition law.The role,the powers and accountability of independent competition and regulatory agencies, both within the EU and the national context (6 hours). The economics of competition law. Market definition and market power (approx. 4 hours). Discussion of a case (2 hours) An overview of the sources of EU competition law: articles 101- 106 TFEU. The role of soft law (approx. 2 hours) Article 101 TFEU and anticompetitive agreements: introduction and scheme. The notion of undertaking, agreements, decisions and concerted practice (approx. 4 hours). Restriction by object and by effect. Horizontal and vertical agreements. Examples and case law (approx 4 hours). Discussion of a case (2 hours) The burden of proof and the consequences of infringement. Article 101 (1) and Article 101 (3). Individual and block exemptions (approx. 2 hours) Discussion of a case (2 hours) Article 102 TFEU: abuse of dominant position. Relationship with article 101.The definition of dominant position and the notion of abuse (4 hours) Market definition and market power in article 102 (approx. 2 hours) Discussion of a case (2 hours) The types of the abuse. Exclusionary and exploitative abuses: the Commission's Guidance. The burden of proof and defences.Abuses concerning prices. Predatory pricing. Margin Squeeze. Exclusive dealing and distribution. Discounts and rebates. Examples and case law (approx. 6 hours) Discussion of a case (2 hours)
Prerequisites
A knowledge of the basic notions of public law, private law and european law is required
Books
R. Whish-D. Bailey, Competition Law, OUP, 9th ed.; chapters 1 to 7. Materials and case-law will be discussed during the course. They, as well as the slides used during the lectures, will be made available on the Moodle platform for the students who attend the course.
Frequency
traditional lectures will be complemented by the discussion of case law previously uploaded on the moodle platform
Exam mode
ORAL EXAM: The exam aims at assessing the knowledge of the main topics analyzed during the course, as well as the capability to carry out a logical and correct legal analysis. The exam requires the study of the textbook and, for the students who attend the course, of the slides and of the material and the case-law made available on the moodle platform. In particular, it will positively be appreciated the student's capability to use an appropriate legal terminology, to navigate the different sources of law and develop a coherent legal reasoning. The exam will be oral and will last approximately between twenty and thirty minutes. The student will be asked general open-ended questions on the main topics of the program. In order to pass the exam, the student will have to achieve a minimum mark of 18/30, showing at least a basic knowledge of the main topics. In order to achieve 30/30 con lode, the student will have to show an excellent command of all the topics analyzed during the course, as well as being able to coherently connect them. Besides, the student will have to show the capability to apply the theoretical notions, by being able to give examples or offer solutions which require the application of acquired notions to concrete examples and cases. The reference to case-law discussed during the course (for the students who attended it) will be taken into consideration and may help increase the final mark of two to three points.
Lesson mode
raditional lectures will be complemented by the discussion of case law previously uploaded on the moodle platform
  • Lesson code10600023
  • Academic year2024/2025
  • CourseEconomics
  • CurriculumEconomics and policy evaluation - in lingua inglese
  • Year2nd year
  • Semester1st semester
  • SSDIUS/05
  • CFU6
  • Subject areaGiuridico