90546 - Regulatory Law

Academic Year 2021/2022

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

Course contents

Part 1: Presentation of the course, background, antitrust vs regulation

1. Introduction

2. The legal foundations of market competition under the EU and the National Law

3. Antitrust vs. Regulation

Part 2: Natural monopolies

1. Legal Monopolies and Essential Facilities

4. Network-based Industries

5. Public utilities and universal service

6. Market abuses and anticompetitive practices

Part 3. Regulatory tools.

1. Pricing and tariffs

2. TPA

3. Unbundling

Part 4. Agencies, Procedures (/proceedings), Remedies

1. Regulatory Agencies. Antitrust Agencies

2. Regulatory and Antitrust Proceedings

3. Fair Procedure Principles and Guaranties. Adversary principle and the burden of proof

4. Orders and Sanctions.

5. Judicial review

Readings/Bibliography

- Teaching resources (slides, case law, docs, etc.) will be available on "Virtuale" Platform (online Dashboard).

- An introduction to the Law and Economics of Regulation, Alessio M. Pacces and Roger J. Van den Bergh

- Case Studies and other readings will be recommended along the course.

Teaching methods

Theoretical and Case Law-based Lectures.

The lessons of the first semester will be organized by one of the models described as follows: http://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021

Assessment methods

The exam aims to ascertain the knowledge and abilities of students to deal with the issues of the course.

Students who will attend at least 3/4 of the lectures are expected to submit an opinion paper on a specific topic previously agreed with the Professor.

The assessment will focus on the student's knowledge and the ability to settle issues related to the opinion paper subjects (k-question, etc.), taking into account the course aims.

To attend the exam, each student must be enrolled on AlmaEsami within the deadline term.

Teaching tools

Slides and Essays.

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

Students who need compensatory measures and/or dispensative tools due to disability or Specific Learning Disabilities (SLD) should communicate it to the Professor as soon as possible.

Office hours

See the website of Daniele Senzani