OVERVIEW

Presentation Part One

Premise

The legal teaching of the regulation of markets and competition involves a wide field of study of the regulation of some specific economic sectors (the so-called regulated markets) and, more generally, the protection of competition within the market. There are many issues of a theoretical and practical nature that arise, both at an EU and a national level, as a result of the fact that the legal system deems it necessary to intervene through regulation to guarantee the well-being of consumers and to ensure them access to certain essential services and to preserve the competitive dynamics in the market. The first objective is pursued through the preparation (in those economic sectors considered of particular constitutional significance) of complex regulations to govern the sector, notwithstanding that this has some characteristics which undermine the possibility that certain services can be provided under socially acceptable conditions. The second objective is implemented through the general application of antitrust (competition) law on the basis of national and European provisions.

AIMS AND CONTENT

LEARNING OUTCOMES

The course will primarily intended to regulate domestic and Community legislation on the protection of competition, with particular attention to the processes of socio-political formation of the modern legal systems for monitoring the agreements and conduct restricting competition and the competent authorities. Will also be given wide space to the comparison with jurisdictions that have a tradition of antitrust legislation is particularly interesting, as the U.S. legal system and the German one. In addition, we will investigate some areas where market regulation acts as a tool of particular relevance for the provision of efficient services.

AIMS AND LEARNING OUTCOMES

Educational objectives

This course deals with the examination of the foundations of public regulation of markets in an interdisciplinary perspective of law and economics. It does so by assessing the impact of legal regulation on economic activities and markets in the context of economic conditions, its aims and its effects.

Training and learning outcomes

The course is intended to provide students with a full awareness and knowledge of the constitutional foundations and of the Treaties of regulatory interventions in the field of regulation and protection of competition. We also intend to highlight the critical issues, including economic and structural ones (monopoly, market failures, public goods, etc.) that characterise the markets affected by regulatory intervention and the application of competition law. The fundamentals of tariff policies in public services will be illustrated and the regulation of some specific activities (i.e. public services) and of the authorities (the so-called “independent administrative” authorities) which are responsible for regulation on the basis of legislative principles will be analysed in detail. One part of the course will be dedicated to the study of the principles of EU and national antitrust (competition) law, through the analysis of the specific articles of the TFEU and of the Italian antitrust law no. 287 of 1990.

Overall, the course aims to guarantee students a full theoretical and practical awareness of the reasons underlying public intervention in the economy, and of the regulation of competition through law in its various applications.

TEACHING METHODS

Didactic methods

Lectures, normative interpretation exercises, expert seminars, group work

SYLLABUS/CONTENT

Program and content

Part I: (i) analysis of the rules of the Treaties and of the Constitution on economic initiative and public intervention in the economy; (ii) examination of the primary legislative sources; (iii) the economic foundations of regulation and public intervention in the economy; (iv) historical profiles and evolution of the intervention of the State and local authorities in the economy (notes); (v) regulated markets and services of general economic interest; (vi) concessions; (vi) pricing policies; (vii) the independent administrative authorities; (viii) State owned companies and public bodies.

Part II: The second part of the course focuses on the analysis of antitrust in the EC (European Community) and national law, considering the articles of the TFEU, the Regulations, Directives of the EC bodies which implement and clarify the scope of application of this law and law no 287 of 1990. Ample space is given to the analysis of the Jurisprudence of the Court of Justice and to the practice of the Commission and the AGCM.

RECOMMENDED READING/BIBLIOGRAPHY

Bibliography texts

For part I (Market regulation law):

PICOZZA E., RICCIUTO V., Economic Law, Giappichelli ed., 2017, (only chapters I, II and III) 

For students wishing to take the 6 CFU exam, the program is reduced: PICOZZA E., RICCIUTO V., Law of the economy, Giappichelli ed., 2017, [chapters I, II and III (of chapter III, only parr . 1, 2, 4 of the First Section, paragraphs 5, 6, 7, 9 of the Second Part)] 

For Part II (Competition Law)

Ghezz i-Olivieri, Antitrust law, Giappichelli, latest edition.

For students who intend to take the 6 CFU exam, the program is reduced: Ghezzi-Olivieri, Antitrust Law, Giappichelli, latest edition, chapters I, II, III and IV.

For students attending the program, in addition to the recommended texts, numerous materials will be provided during the lessons and exercises that will be carried out in class under the guidance of the lecturer. These will form the subject of and provide an additional opportunity for in-depth study for the exam. .

For students who are particularly interested in the subject, the lecturer will be able to identify further and more detailed texts and resources.

TEACHERS AND EXAM BOARD

Exam Board

ANDREA PERICU (President)

LUIGI CEFFALO

LESSONS

LESSONS START

February 2022 (2nd semester)

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Method of Examination

The examination, for both attended and non-attending students, takes place in oral form and takes place at the end of the course. No intermediate tests will be carried out, but the result of the exercises that will take place in the classroom will be evaluated with a score that will constitute a surplus to the assessment conducted through the examination. The classroom exercises, which will take place during the lesson time, will tend to verify the students' ability to understand, expose and reason, without implying the need for in-depth and deliberate study of the subject.

The assessment made by the lecturer during the exam will take into account not only the preparation of the student, but also the elements resulting from his participation in seminars and classroom exercises. The question will focus on the whole program and will consist of three questions, on three different areas of the subject matter.

ASSESSMENT METHODS

Method of Examination

The examination, for both attended and non-attending students, takes place in oral form and takes place at the end of the course. No intermediate tests will be carried out, but the result of the exercises that will take place in the classroom will be evaluated with a score that will constitute a surplus to the assessment conducted through the examination. The classroom exercises, which will take place during the lesson time, will tend to verify the students' ability to understand, expose and reason, without implying the need for in-depth and deliberate study of the subject.

The assessment made by the lecturer during the exam will take into account not only the preparation of the student, but also the elements resulting from his participation in seminars and classroom exercises. The question will focus on the whole program and will consist of three questions, on three different areas of the subject matter.

Exam schedule

FURTHER INFORMATION

The program of the corse for 6 CFU can be prepared for the examination only by students who hace inserted the curse in their planning before academic year 2020/2021.