Internal Market Law and Eu Competition Law
A.Y. 2024/2025
Learning objectives
The teaching of internal market and competition law EU has the following educational objectives:
1. To provide students with a comprehensive and up-to-date knowledge of internal market and competition law, as well as the ability to understand the sources that regulate these areas.
2. To develop in students the ability to critically review the legal principles and rules specific to the field of internal market and competition law. The student must demonstrate the ability to apply the legal concepts learned to concrete cases, through the study of official documents of the European Union and, in particular, the case law of the Court of Justice of the European Union.
3. To develop students' independent judgement skills, through the elaboration of legally tenable arguments with reference to the topics covered by the course.
4. To make students master specific legal terminology. The student must demonstrate the ability to express knowledge with correctness, coherence and propriety of language;
5. To develop the students' capacity for autonomous learning, so that, once they have acquired the basic tools, they are able to update their knowledge in the field covered by the course, applying the regulatory and jurisprudential framework of reference.
6. To provide students with notions and skills useful in an inter-disciplinary perspective, in view of the subsequent examinations envisaged in the course of study.
1. To provide students with a comprehensive and up-to-date knowledge of internal market and competition law, as well as the ability to understand the sources that regulate these areas.
2. To develop in students the ability to critically review the legal principles and rules specific to the field of internal market and competition law. The student must demonstrate the ability to apply the legal concepts learned to concrete cases, through the study of official documents of the European Union and, in particular, the case law of the Court of Justice of the European Union.
3. To develop students' independent judgement skills, through the elaboration of legally tenable arguments with reference to the topics covered by the course.
4. To make students master specific legal terminology. The student must demonstrate the ability to express knowledge with correctness, coherence and propriety of language;
5. To develop the students' capacity for autonomous learning, so that, once they have acquired the basic tools, they are able to update their knowledge in the field covered by the course, applying the regulatory and jurisprudential framework of reference.
6. To provide students with notions and skills useful in an inter-disciplinary perspective, in view of the subsequent examinations envisaged in the course of study.
Expected learning outcomes
By the end of the course, the student should have acquired: (i) a good knowledge and understanding of the sources on the subject of internal market and competition law; (ii) the ability to critically analyse and rework the acquired notions, as well as to apply them to concrete cases; (iii) the ability to interpret the legal rules examined in the course of the teaching and to take reasoned and legally sustainable positions with regard to the issues under discussion; (iv) the mastery of the legal terminology pertaining to the sphere of law covered by the teaching; (v) the tools necessary for the future updating of one's knowledge in this field.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
Part I
EU internal market law
Starting from the analysis of the gradual realisation of the internal market, i.e. its different stages of evolution, the course will pay particular attention to its current overall configuration and its possible future developments, also in view of the challenges that the European Union is facing: the withdrawal of a Member State, the economic-financial crisis, the important migratory phenomena, the consequences of the Russian-Ukrainian conflict. Next, the notion of European citizenship will be introduced, along with the rights associated with the status of a citizen.
Each of the four fundamental freedoms of the internal market (the free movement of persons, goods, services and capital) will then be examined in depth, so as to provide the student with the tools to understand the functioning of the internal market in the current economic and legal context of Europe.
The study of the internal market will be conducted through an analysis of the relevant legislation (the rules of the Treaties, but also the specific instruments of secondary legislation), as well as through an in-depth examination of the case law of the Court of Justice, which has helped to outline the principles underlying the functioning of the internal market and still provides a fundamental tool for its understanding and construction.
Part II
Competition law addressed to
As for the EU competition rules addressed to companies (i.e., antitrust law), the course will mainly analyse the following aspects: a) the freedom of competition; b) the rules, competences and tools for the public enforcement of competition law; c) the existing judicial remedies; d) the relationship between European Commission and national competition authorities; e) the relevant notions under Article 101 TFEU (e.g., undertaking; agreement; parallel conduct; decision of association of undertakings); f) the obligations stemming from Article 101 TFEU and the exemptions provided therein; g) the sanctions for the violation of Article 101 TFEU; h) the relationship between Articles 101 and 102 TFEU; i) the control of concentrations and the reasons for an ad hoc discipline; l) the application of competition rules on private dimension, in the light of Directive 2014/104 /EU, recently transposed in Italy by d.Lgs. January 19, 2017, no. 3; m) the extra-territorial scope of antitrust rules.
The general topics will also be discussed through the analysis of recent cases relating to their application in some regulated sectors. Particular attention will also be given to the application of competition rules in the pharmaceutical sector and in general within the public health policies carried out by European Union.
As for the part of the course devoted to State aid (required to achieve 9 training credits), the lectures will mainly focus on the following aspects: a) State conduct and the obligations stemming from Articles 3, 4(3) and 101 TFEU; b) State conduct and the aid granted to companies (both private and public); c) the rules on aid recovery; d) the procedures for assessing the lawfulness and compatibility of the aid; e) public undertakings and public service; privatizations.
EU internal market law
Starting from the analysis of the gradual realisation of the internal market, i.e. its different stages of evolution, the course will pay particular attention to its current overall configuration and its possible future developments, also in view of the challenges that the European Union is facing: the withdrawal of a Member State, the economic-financial crisis, the important migratory phenomena, the consequences of the Russian-Ukrainian conflict. Next, the notion of European citizenship will be introduced, along with the rights associated with the status of a citizen.
Each of the four fundamental freedoms of the internal market (the free movement of persons, goods, services and capital) will then be examined in depth, so as to provide the student with the tools to understand the functioning of the internal market in the current economic and legal context of Europe.
The study of the internal market will be conducted through an analysis of the relevant legislation (the rules of the Treaties, but also the specific instruments of secondary legislation), as well as through an in-depth examination of the case law of the Court of Justice, which has helped to outline the principles underlying the functioning of the internal market and still provides a fundamental tool for its understanding and construction.
Part II
Competition law addressed to
As for the EU competition rules addressed to companies (i.e., antitrust law), the course will mainly analyse the following aspects: a) the freedom of competition; b) the rules, competences and tools for the public enforcement of competition law; c) the existing judicial remedies; d) the relationship between European Commission and national competition authorities; e) the relevant notions under Article 101 TFEU (e.g., undertaking; agreement; parallel conduct; decision of association of undertakings); f) the obligations stemming from Article 101 TFEU and the exemptions provided therein; g) the sanctions for the violation of Article 101 TFEU; h) the relationship between Articles 101 and 102 TFEU; i) the control of concentrations and the reasons for an ad hoc discipline; l) the application of competition rules on private dimension, in the light of Directive 2014/104 /EU, recently transposed in Italy by d.Lgs. January 19, 2017, no. 3; m) the extra-territorial scope of antitrust rules.
The general topics will also be discussed through the analysis of recent cases relating to their application in some regulated sectors. Particular attention will also be given to the application of competition rules in the pharmaceutical sector and in general within the public health policies carried out by European Union.
As for the part of the course devoted to State aid (required to achieve 9 training credits), the lectures will mainly focus on the following aspects: a) State conduct and the obligations stemming from Articles 3, 4(3) and 101 TFEU; b) State conduct and the aid granted to companies (both private and public); c) the rules on aid recovery; d) the procedures for assessing the lawfulness and compatibility of the aid; e) public undertakings and public service; privatizations.
Teaching methods
The course will be taught mostly through lectures; they offer a complete picture of the topics above listed; attendance allows the development of the notions and competences required to pass the exam.
Some of the lectures could be taken by scholars, lawyers, experts. Course materials indicated by the lecturer will be uploaded to the course's Ariel site for further study of the topics covered in class.
Some of the lectures could be taken by scholars, lawyers, experts. Course materials indicated by the lecturer will be uploaded to the course's Ariel site for further study of the topics covered in class.
Teaching Resources
Attendees will prepare for the exam by studying the materials published on the Ariel website.
For those who do not attend, please refer L. Daniele, Diritto del mercato unico europeo, Milano, Giuffrè, 2023, last edition available (chapters from I to VII included).
For those attending, the recommended texts will only constitute a general reference, the preparation of the exam having to be essentially based on the content of the lessons and on the material distributed in class.
For those who do not attend, please refer L. Daniele, Diritto del mercato unico europeo, Milano, Giuffrè, 2023, last edition available (chapters from I to VII included).
For those attending, the recommended texts will only constitute a general reference, the preparation of the exam having to be essentially based on the content of the lessons and on the material distributed in class.
Assessment methods and Criteria
The final exam will be oral (both for students who attended the course and for those who did not), and the grade will be expressed in thirtieths (/30), with the possibility of attributing honors. The criteria for assessing the oral exam include the correctness of the contents, the clarity of the argumentations put forward, the ability to provide a critical analysis and to work with principles and notions.
IUS/14 - EUROPEAN UNION LAW - University credits: 6
Lessons: 42 hours
Professors:
Anro' Ilaria Angela, Rossi Dal Pozzo Francesco
Shifts:
Educational website(s)
Professor(s)
Reception:
Wednesdays, 11.30 am
Wednesdays 11.30 a.m. - 12.30 a.m. by appointment (to be agreed upon by e-mail to [email protected]). MS Teams code: 9qlkref / Section of International and European Union Law of the Department of Italian and Supranational Public Law