The aim of this course is to provide students with an in-depth and up-to-date knowledge of Italian Constitutional and EU Competition Law and Regulation.
The substantive law in the light of the case-law of the Italian administrative Courts and the EU Court of Justice will be analysed. The relationship with regulation, even more complex due to the economic and financial crisis, will be discussed trhoughout lessons and workshops where the attending students will be called for presentation and case studies.
A distinction will be drawn between the rules addressed to private firms and the rules addressed to Member States, as interconnected instruments for ensuring an equal level playing field for market regulation and economic freedom. In the first part, the course will examine the provisions of Italian Constitutional and legal system and EU competition law which apply to agreements and concerted practices, abuse of dominant position and mergers; close attention will be devoted to procedure and enforcement. The interplay between competition law and intellectual property law will also be analysed. Subsequently, the duties of the Member States in ensuring competition in the market will be discussed through the examination of the Constitutional and EU rules applicable to services of general economic interest and State aids