11787 - Competition Law

Learning outcomes

The student acquires the theoretical and operational tools to apply the Italian and European legislation on competition in the field of business.

Course contents

The program for the academic year 2018/2019 aims to offer the student a broad knowledge, but no less thorough, of the private and public competition law, with particular attention to technology markets. The discussion of case law will also allow the student to acquire the ability to apply the theoretical knowledge learned to the real context.

It is divided into two distinct thematic modules, but closely inter-related.

The first module will have as its object the privatistic regulation of competition (also in its relationship with the complementary discipline of intellectual property, and in particular with the legislation on distinctive signs), and will concern the study of unfair competition by deepening the cases identified by the art. 2598 c.c. as well as those typed (e.g. transfer of employees) or in the process of typing (e.g. keyword advertising) by law. Particular attention will be devoted to certain cases, which affect technological markets and which have been characterized by particular media coverage, such as cases concerning Google, Uber and Facebook.

The second module (Antitrust law) will cover the public competition rules (antitrust) with reference to the typical hypotheses of cartels, abuse of dominant position and mergers in the context of national and EU law. In addition to the study of the fundamental cases, the module will focus on the competitive discipline of technology and innovation markets, with particular reference to the areas of research and development, technology transfer and the exercise of industrial and intellectual property rights. Also in this module will be deepened case law of particular importance, such as cases concerning Microsoft, AstraZeneca and Amazon.

Readings/Bibliography

The recommended handbook for the study of the subject matter (also used for the course of Intellectual Property Law) is the following:

Aa.Vv., Diritto industriale. Proprietà intellettuale e concorrenza, V ed., Torino, Giappichelli, 2016, limited to the following parts:

• for attending students: pp. (48-59), (341-426), (431-559), (739-746).
• for non-attending students: pp. (48-59), (71-194), (341-426), (431-559), (739-746). Please note that pp. (71-194) and (341-395) are in common with the program of the course of Intellectual Property Law.

The above-mentioned handbook has not to be intended as a tool aimed at replacing the direct analysis of the relevant norms, but as a tool aimed at providing a systematic framework of the subject matter and an aid to the interpretation of the said norms. Therefore, it is essential to combine the study of the handbook and a direct analysis of the relevant norms.

Teaching methods

The topics covered by the program will be analyzed in depth and discussed in the classroom, moving from the reading of the relevant norms and through the illustration of the relevant case law.

Students attending classes will be actively involved in the discussion to develop the hermeneutical and critical skills necessary for a correct approach to the subjects of positive law. This will be particularly evident when case studies will be exposed and treated in class, with respect to which students will be asked to examine the way in which the rules are used to support the opposing arguments of the parties involved and to extract the legal principles, and their implications, from the legal decisions.

Assessment methods

For students attending classes, the exam takes place in oral form (4 open questions: 2 for each module) on the above program. However, students attending classes will be able to individually agree with the teacher (i) the possibility of presenting a written dissertation to be discussed during the exam, or (ii) the possibility of preparing a PowerPoint presentation (to be illustrated during the exam). In such cases the program can, in agreement with the teacher, be correspondingly reduced.

Considering the teaching method used by teachers, and considering that the main objective of the exam is to verify not the student's mnemonic abilities, but the actual understanding of the subject matter, as well as the ability to apply the principles learned to specific cases, the teacher can admit, for attending students only, the use of the Industrial Property Code and the text of the Copyright Law.

For non-attending students, the exam takes place exclusively in oral form (4 questions: 2 for each module) on the above program.

For the purposes of the exam, students attending at not less than 75% of the total lesson hours will be considered attending.

The evaluation of the test will be carried out taking into consideration the knowledge of the institutes of intellectual property, the ability to analyze the jurisprudential and doctrinal guidelines, the ability to make connections between the different parts of the program, the ability to develop critical arguments, the articulation of exposure, the exposure accuracy.

Students can take the exam only after passing the Private Law exam.

To register for the appeals you need to use the AlmaEsami system. Registrations that are late compared to the terms indicated on AlmaEsami and / or off-list are not allowed.

N.B. For organizational reasons, also linked to the voluntary assistance of the scholars of the subject, the enrolled students who will not be present for examination - if they have not been properly canceled up to three days before or, later, by e-mail to the teacher, unless demonstrable cases of force majeure - will not be allowed to support the next appeal.

Teaching tools

Students who, due to disability or specific learning disorders (DSA), need compensatory tools shall communicate to the teacher their needs so as to be directed to the relevant persons and agree on the adoption of the most appropriate measures.

Office hours

See the website of Giorgio Spedicato

See the website of Bernardo Calabrese