The course aims to illustrate the legal rules for the protection of the market economy and its protagonists (producers - consumers), in the light of the principles of national and EU legal system and the needs of a global system of trade.

The course has as its object the study of the rules, community and national, placed to protect the proper functioning of the market. The investigation will be developed starting from the analysis that, over time (and with particular regard to the twentieth century), has characterized the relationship between public institutions and economic activities. It will then examine the competitive process and its benefits, also with regard to the positive repercussions on social order and democracy. The main anti-competitive behaviors, the notion of enterprise, of relevant market as well as of market power will be indicated, and the fundamental stages of the development of antitrust laws will be illustrated, starting from the experience of the United States (the Scherman Act of 1890), passing through the development of the legislation in Europe, up to the Italian discipline (and the reasons behind its late introduction). Having examined, from a comparative point of view, the characteristic features of the organization and powers of the antitrust authorities (with particular regard to the Commission at European level and the AGCM, an independent administrative authority, as far as Italy is concerned), the provisions relating to the three main cases regulated by the antitrust laws will be examined in detail: agreements, abuse of dominant position, concentrations. The characteristic features of each case will be examined, as well as the most recent developments in EU and national legislation and the current interpretative guidelines, also with regard to the methods of imposing sanctions or recourse to alternative remedies. Alongside the instruments of "public enforcement", the study will also focus on those of "private enforcement", with particular regard to compensation for damages, to be awarded both to competitors and consumers (in this regard, EU Directive 2014/104 on compensation for damages caused by antitrust offences will be illustrated).

From the point of view of the correct formation and development of contractual relations between companies and consumers, in order to allow the market to develop in a balanced and efficient way, it will also be illustrated, albeit in broad terms, the legislation, derived from European, for the protection of consumers, with particular regard to the discipline of unfair commercial practices, including rules on misleading advertising. A mention will also be dedicated to the so-called "class actions", in comparison with the Anglo-American models.
Both the discipline "antitrust" and that relating to "unfair business practices" will be examined from time to time, including with regard to its concrete application by the AGCM and then through the analysis and commentary of specific and significant cases, analysis which should participate actively students, through individual or group reports.

The course aims to provide students with

- knowledge of the discipline of competition and market law and ability to understand the general principles underlying it;

- ability to interpret the rules of European and national legislation, as well as to identify the rationale of each provision;

- ability to re-elaborate the principles and rules under study and to apply this knowledge to concrete cases;

- ability to express the knowledge acquired with appropriate legal language, coherent argumentation, systematic rigor;

- adequate learning for a specialized legal training, suitable for insertion in various work environments.    

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Teaching

Lectures and seminars

Course books

S. Cassese, La nuova Costituzione economica,  2021, Laterza.

Assessment

Reports to be given by students. Final Oral Examination.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Course books

S. Cassese, La nuova Costituzione economica,  2021, Laterza.

Assessment

Final Oral Examination.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.