DIRITTO EUROPEO DELLA CONCORRENZA E DELLE IMPRESE

Academic Year 2016/2017 - 2° Year
Teaching Staff Credit Value: 12
Scientific field: IUS/14 - European Union law
Taught classes: 72 hours
Term / Semester:

Learning Objectives

  • ECONOMIA DI MERCATO REGOLE DI CONCORRENZA E MERCATO INTERNO
    The competition model envisaged by the EU Treaties and its role in the creation and functioning of the internal market. European competition rules and the national systems for the protection of free competition.
  • LE FATTISPECIE ANTITRUST E IL SISTEMA DI CONTROLLO
    The firm’s behavior covered by the competition rules. The firm’s behavior in itself anti-competitive and those eligible for an exemption. The public and private enforcement. The cooperation between the competition authorities.
  • GLI AIUTI STATALI ALLE IMPRESE
    Government subsidies to enterprises in the context of the internal market. The need that companies operate "equality of arms". The role of public authorities with regard to public enterprises or that perform services of public interest. Aid compatible and illegal aid. The need for control and the related remedies.
  • COESIONE ECONOMICA E SOCIALE E MERCATO INTERNO
    The implementation of economic, social and territorial cohesion in the context of the Union. The relationship with the competition rules and, in particular, with state aid. The role of Member States and the Union.

Detailed Course Content

  • ECONOMIA DI MERCATO REGOLE DI CONCORRENZA E MERCATO INTERNO
    The European competition rules and their evolution. Definition of the term "enterprise" as an entity recipient of the competition rules. The limits of application of European competition rules and the existence of the effect on trade between Member States. The determination of the relevant market.
  • LE FATTISPECIE ANTITRUST E IL SISTEMA DI CONTROLLO
    The prohibition of agreements between undertakings, decisions by associations of undertakings and concerted practices that restrict competition appreciably. The proof of anti-competitive behavior. The cartels and their treatment. The prohibition of individual and collective dominant position abuse with regard to the conduct of exploitation and exclusion. Efficiencies and exemption from the prohibition. The merger between the companies and the criteria for compatibility with EU rules. The control procedures of the antitrust authorities. The sanctioning powers. The private enforcement.
  • GLI AIUTI STATALI ALLE IMPRESE
    The concept of state aid and the elements that compose it. Injection of capital to public undertakings and state aid. The remuneration of the public service. Aid compatible de jure and those which may be declared compatible. Exclusive control of the Commission and the role of national courts. New aid and existing aid. Unlawful aid and their recovery.
  • COESIONE ECONOMICA E SOCIALE E MERCATO INTERNO
    The emergence and evolution of the cohesion policy. The instruments for its realization. The Structural Funds. The delivery mechanisms. The Partnership. Cohesion programs 2013-2020.