Fall Semester (October 1 - December 21, 2018)
Course
European Competition Law 2018
Prof. Margherita Colangelo
(includes a module on Competition Law Moot Court)
margherita.colangelo@uniroma3.it
7 ECTS
starting October 3, 2018
Wednesday – Thursday – Friday h. 12,00-13,45
Course description:
This course aims at providing the fundamental notions of competition law as a central area in the EU Single Market policy. To this end, it will focus on the competition provisions that are directly applicable to companies throughout the European Union, i.e. the prohibition of cartels and restrictive practices, the prohibition of abuses of dominant position and merger control.
More in detail, it will cover:
- The objectives of competition law;
- Essentials of US antitrust law;
- The role of competition rules in the EU;
- Market power, market definition and barriers to entry;
- Article 101 TFEU;
- Article 102 TFEU;
- Competition law and regulation;
- Public and private enforcement;
- Mergers.
The course intends to adopt a comparative approach (mainly with regard to the US system) and will involve the study of the main relevant case-law and recent policy documents, devoting particular attention to digital markets.
Objectives
The course intends to introduce students in an extremely important area of EU law. In particular, it is aimed towards students being able to: i) demonstrate knowledge of EU competition law, taking a critical look at competition policy and its development; ii) deal with the primary sources of EU competition law (legislation, Commission decisions, CJEU/GC rulings); iii) carry out a presentation and a discussion on a competition law topic; iv) simulate a dispute (moot court).
Course Learning Activities
The course consists of lectures on the main subjects of EU competition law, followed by presentations that are meant to support the lectures and encourage interactive student participation. A number of guest lectures (held by professionals, regulators and experts) is included in the course.
The course also comprises a module on
Competition Law Moot Court. The Moot Court intends to provide an important opportunity for students to practise and improve the skills acquired working together as a team in simulated court proceedings on an assigned case.
Assessment tools
Student evaluation will be based on class work and class participation (i.e. oral presentations given during the semester and participation in the moot court) and a final written exam.
Attendance policy
Class attendance is compulsory.
Course textbook:
In addition to cases examined in class, a selection of readings will be recommended, mainly from the following textbook:
E. M. Fox – D. Gerard,
EU Competition Law, Elgar 2017 (chapters 1, 2, 3, 4, 5, 6)
Main cases:
- Case C67/13 P, Groupement des cartes bancaires v Commission;
- Case C519/04 P, David MecaMedina and Igor Majcen v Commission;
- Case COMP/AT.39847, EBOOKS;
- Case C439/09, Pierre Fabre DermoCosmétique SAS v Président de l'Autorité de la Concurrence and Others;
- Case C230/16, Coty Germany GmbH v Parfümerie Akzente GmbH;
- Case C241/91 P, Radio Telefis Eireann (RTE) and Independent Television Publications Ltd (ITP) v Commission;
- Case C7/97, Oscar Bronner GmbH & Co. KG v Mediaprint Zeitungs und Zeitschriftenverlag GmbH & Co. KG, Mediaprint Zeitungsvertriebsgesellschaft mbH & Co. KG and Mediaprint Anzeigengesellschaft mbH & Co. KG;
- Case C202/07 P, France Télécom SA v Commission;
- Case C52/09, Konkurrensverket v TeliaSonera Sverige AB;
- Case C23/14, Post Danmark A/S v Konkurrencerådet;
- Joined Cases C295/04 to C-298/04, Vincenzo Manfredi v Lloyd Adriatico Assicurazioni SpA (C295/04), Antonio Cannito v Fondiaria Sai SpA (C-296/04) and Nicolò Tricarico (C-297/04) and Pasqualina Murgolo (C-298/04) v Assitalia SpA;
- Case C453/99, Courage Ltd v Bernard Crehan and Bernard Crehan v Courage Ltd and Others;
- Case AT.39530 (Microsoft – Tying);
- Case No COMP/M.7217 Facebook/ Whatsapp.
Schedule of lessons
(Wednesday-Thursday-Friday 12,00-13,45)
| Class |
Topic |
| 3 Oct |
The origins of competition law |
| 4 Oct |
Basic economic principles |
| 5 Oct |
Market definition and market power |
| 10 Oct |
Article 101(1) TFEU |
| 11 Oct |
Article 101 TFEU and Section 1, Sherman Act |
| 12 Oct |
Article 102 TFEU |
| 17 Oct |
Article 102 TFEU and Section 2, Sherman Act |
| 18 Oct |
Competition law – Regulation – IP law |
| 19 Oct |
Cartels and oligopoly |
| 24 Oct |
Horizontal agreements |
| 25 Oct |
Lunch seminar: Rethinking Intellectual Property (book presentation) |
| 26 Oct |
Guest lecture - Competition in the pharmaceutical market - Claudia Desogus, officer (ICA) |
| 31 Oct |
Vertical agreements |
| 2 Nov |
Vertical agreements |
| 7 Nov |
Predatory pricing |
| 8 Nov |
Exclusive purchasing; Discounts and rebates |
| 9 Nov |
Tying and bundling |
| 14 Nov |
Refusal to supply – Margin squeeze |
| 15 Nov |
Competition law and digital markets |
| 16 Nov |
International seminar: Antitrust Enforcement and Big Tech Companies - 2.30 p.m.-6.30 p.m. * |
| 21 Nov |
Guest lecture: Anticompetitive Information exchanges and Hub-and-Spoke Agreements – Patrick Actis Perinetto (Chiomenti) |
| 22 Nov |
Exploitative abuses: excessive pricing |
| 23 Nov |
Guest lecture: Cartels in EU and Italian competition law - Vito Auricchio (Legance) |
| 5 Dec |
Guest Lecture: Abuse of Dominant Position and IP Rights – Pietro Merlino (Orrick) |
| 6 Dec |
Private enforcement |
| 7 Dec |
Mergers |
| 12 Dec |
Moot court competition |
Final exam: 14 Dec
Slight changes to this scheme may occasionally occur and will be communicated in due time in class and on the Department website.
*Note: On November 16 a seminar on “Antitrust Enforcement and Big Tech Companies” (hours: 14,30-18,30, Sala del Consiglio) will take place.