Competition Law 

The paradox of competition in the global arena
This course can be either offered in 6 weeks throughout 3 months, 10hrs per week and 15hrs in the final week to be conducted at BAU International Berlin, BAU International University Washington DC or at BAU Bahcesehir University Istanbul, for a total amount of 6 ECTS credits; or concentrated in 30hrs over 10 days for a full immersion in Competition Law in the global arena with 3 ECTS credits, that can be combined with either Intellectual Property Law or Legal English. 

LECTURES: 60 
TUTORIALS: 15 
SELF DIRECTED STUDY, GROUP DISCUSSION, INDIVIDUAL RESEARCH: 75
 


WEEK 1

  • Genesis and aims of competition law  


WEEK 2

  • Sources of European competition law 


WEEK 3

  • Conventional Rules applicable to business enterprises 


WEEK 4

  • State aid
  • Prohibited Trust
  • Abuse of position
  • Concentration


WEEK 5

  • Organizations supervising rules (EU Commission functions and role of the Community Antitrust Courts)  


WEEK 6

  • Control proceedings and penalties (“case history”)


SPECIAL PART

  • The application of competition law in Italy (the “private antitrust enforcement”) 
  • Jurisdiction
  • Interim Remedies
  • Merits protection
  • Class Action
     


Intended learning outcomes 
Upon successful completion of this course, participants will be able to:

  1. Gain a knowledge of competition law in its historical evolution and connections with the European social law 
  2. Acquire an understanding of the topic in its legal dimension (doctrine, legal literature and cases) 
  3. Be able to carry out a critical evaluation of the provision of the Treaties, either those designed for business either those applicable to States 
  4. Demonstrate understanding of the most relevant topics
  5. Know how to apply rules to cases 
  6. Be able to engage in the analysis of the best practices and choose the right applicable solutions


Learning and teaching strategies 
What you will do: 

  1. Examination of individual court cases studies from famous trade marks infringements 
  2. Formal lectures
  3. Visiting speakers/videos and workshops
  4. Seminar group work
  5. Organizational simulations


Transferable skills 
Students will: 

  1. Develop multinational legal skills 
  2. Demonstrate scenario analysis and planning skills
  3. Develop systemic analysis tools and self awareness  


Assessment criteria 
Students will: 

  1. Mid written oral test (30%) 
  2. Individual written exam (70%) 


Essential sources 

  • Italian law about antitrust law (Law No. 287/1990 and newer mod.) 
  • European Community Regulations No. 1/2013 and No. 139/2004


Relevant sources 

  • Treaty of Rome 25.3.1957
  • Treaty of Nice (FR) 26.2.2001
  • Italian Constitution
  • Italian Civil Code
  • Law No. 192/1998
  • Italian Legislative Decree No. 231/2002 (Directive 2000/35/EC) 
  • Italian Law No. 180/2011
  • Italian D.L. No. 24.1.2012