90546 - Regulatory Law

Learning outcomes

The purpose of the course is to provide a thorough knowledge of the contemporary legal issues related to market regulation, and the consequences of economic agents' behaviour, both under the EU and the national legal framework. Consequently, a special focus will be given to the following topics: Agencies, regulatory procedures, adjudication and sanctions, as well as judicial remedies. All the regulatory issues will be discussed according to a case-law approach. The course will be taught in close integration with the Economics of Regulation course (module).

Course contents

Part I – Introduction and Legal Foundations.

1. Introduction. Some Definitions of Regulation.

1.1 Market as a Matter of Law under the EU. The National View.

1.2 Regulation in Common Law and Civil Law Systems.

1.3 Sources of Regulation. Sources of Sustainability.

2. Regulation and Sustainability.

2.1 The multiple (thus, legally ambiguous) meanings of Sustainability.

2.2 Environmental Sustainability. Intergenerational Sustainability. Economic and Financial Sustainability.

2.3 Is any Legal Definition of Sustainability Possible?

2.4 The role of Regulation as rule-maker of Sustainability Standards.

3. Bodies and Agencies entrusted with Regulatory Powers.

3.1 European Commission and the 2nd Level EU Agencies

3.2 National Regulatory Agencies (NRAs).

Part II - The Competition Law as the Roots of Regulation.

1. Competition Law under the USA and EU Law.

1.1 Collusive Agreements. Abuse of Dominant Position. Dominant Undertakings and Anticompetitive Practices.

1.2 Undertaking holding Special or Exclusive Rights. Undertakings entrusted with the operation of services of general economic interest. Art. 106 TFUE.

Part III – The Evolution: Nexus between Competition Law, Regulation and Sustainability.

1. From the Protection of Market Competition to its Enhancement by Regulation.

1.1 Lack of Competition: Monopolies and Market Dominance.

1.2. Market Dominance. Asymmetric Powers.

1.3. Universal Service. Public Service. Other Mandatory Tasks.

2. Sustainability as a Public Service Constraint?

Part IV - Regulation of Network-Based Industries. Sustainability as a Legal Standard.

1. The Regulation of Network-based Industries.

1.1. The Case of Energy Market: the Natural Gas Industry.

1.2 Other Network-based Industries.

1.3 Not Regulated Network-based Industries.

Part V – Regulation by (Public) Contracts.

1. Public Procurement and Public Contracts.

1.1 Public-Private Partnership. Project Financing. Long-term Contracts.

1.2 Environmental Constraints.

1.3 Sustainability and Risk Regulation.

1.4 Next Generation EU and National Programs. Regulation by Contracts.

1.5 Sustainability as a Public Benefit's Stake.

Conclusions.

Readings/Bibliography

An Introduction to the Law and Economics of Regulation, Alessio M. Pacces, Roger J. Van den Bergh, 2011.
Other (recommended) readings and references (slides, case law, docs, etc.) are available on "Virtuale" (the online course dashboard).

Teaching methods

Theoretical and Case Law-based Lectures.

Case Law Reports and other tasks will be assigned as mandatory homework.

The course requires a good knowledge of (public/administrative) law subjects and methodology. Therefore, for students who do not have a full law-based academic background, preparatory readings are available, yet must be agreed upon with the teacher.

 

Assessment methods

The exam aims to assess students' knowledge and abilities to address the course issues.

Students attending at least 70% of the lectures are expected to submit an opinion paper on a specific topic previously agreed with the teacher.
The assessment focuses on the student's knowledge and ability to resolve issues related to the opinion paper (e.g., by adequately answering the "k-question") in a manner consistent with the course aims.
It is mandatory to be enrolled in Almaesami by the deadline to take the exam.

Teaching tools

Slides and Essays.

Case Law docs (Courts' rulings; European Commission and NRAs' measures; etc.).

Students with learning issues and/or temporary or permanent disabilities: please contact the responsible office (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so they can propose appropriate adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the learning outcomes.

Office hours

See the website of Daniele Senzani