96828 - REGULATORY LAW

Academic Year 2021/2022

Learning outcomes

At the end of the course students will be able to understand market regulation under the EU and national law. Students will be able to interpret the current organizational framework (agency, authority) taking into account the ongoing shift of regulatory powers toward the European level (European Networks of Regulators). The aim of the course is to investigate the main regulatory schemes and the legal powers related to them: command and control, supervision, tariff regulation. At the end of the course students will be able to analyse regulatory procedures, adjudication procedures and sanctions, as well as administrative and judicial remedies.

Course contents

1. Introduction to competition and regulation under the EU and the National Law:

From deregulation to re-regulation present and future trends involving public powers and markets

market regulation: competition policy and regulation

service of general economic interest regulation: liberalizations and natural monopoly regulation

2. The organizational framework:

agencies

regulatory authorities

competition authorities,

networks of regulators;

3. Regulatory tools:

antitrust measures,

state aids,

prudential supervisory measures,

tariff regulation,

accounting functional and ownership unbundling,

third party access;

4. Regulatory procedures:

rule-making procedures,

adjudication and sanctions;

5. Focus on specific economic sectors

protection of competitive markets,

credit protection in financial markets,

energy sector regulation

transport regulation,

water regulation.

Readings/Bibliography

There are no specific handbook regarding regulatory law. The program is mainly based on case studies and learning materials available on the virtuale.unibo website.

Further suggested readings are:

- PACCES A. M., VAN DEN BERGH R. J. (2011), An Introduction to the Law and Economics of Regulation, Rotterdam Institute of Law and Economics (RILE), Working Paper Series

- LEVEQUE F. SHELANSKI H. (2009), Antitrust and Regulation in the EU and the US, Elgar, Chapter 2;

- MERUSI F. (2012), The Troubled Life of Competition in Local Public Services, in Italian Journal of Public Law, vol. 4

- CAMERON P., HEFFRON R. (2016) Legal aspects of EU energy regulation : the consolidation of energy law across Europe, Oxford University Press, Chapter 2 and 3

- FINGER M., MONTERO J. (2020), Handbook on railway regulation : concepts and practice, Elgar, introduction and chapter 5

Teaching methods

Teaching methods are academic lessons, promoting dialogue and debate with students.

The initial part of the course will give an overall knowledge of the basics of regulation, while the rest of it will focus on specific economic sectors and on the analysis of case studies.

Assessment methods

Students will be evaluated through an oral test.

Teaching tools

Teaching materials on-line on the new virtual.unibo website

Office hours

See the website of Piergiorgio Novaro