SYLLABUS 2019/2020

20142 COMPETITION LAW

Classe impartita in lingua inglese

Programs: DES-ESS (6 crediti - I sem. - OB | 6 cfu - IUS/04)

Class: 20 (I sem.)
Department: Law

Course director: FEDERICO GHEZZI

Classe 20

PINI GIAN DIEGO (Position CB - Hour 12 - Type: L)*

MISSION
If competition is the engine of market economies, competition law is meant to keep competition
healthy. Students of economics - whether they become managers, consultants, scholars, or
policymakers - must learn how to recognize and go after the business practices that may harm
market well-functioning. Therefore, the course discusses the main EU legal rules forbidding anti-
competitive agreements, monopolistic practices, and mergers.

COURSE CONTENT DETAILED - SCHEDULE

- DES-ESS cl. 20

Introduction
History of antitrust - from the Ancient Greeks to the XXI Century.
Antitrust economic and non economic Goals
Enforcement and remedies
Public and private enforcement.
Relevant Markets
Market power
Agreements. General notion
Agreements. The notion of undertaking
Agreements. Restrictions by object and by effect
Agreements. Prohibition vs. Exemption
Agreements. Cartels
Agreements. Horizontal cooperation agreements
Agreements. Vertical agreements
Fines Leniency and Compliance
Public enforcement.

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 SYLLABUS 2019/2020

Mock exam
Abuses of a dominant position (ADP)
The notion of dominance
Exclusionary abuses: predatory pricing, sham & vexatious litigation
Exlusivionary abuses: essential facility doctrine, exclusive dealing
Exploitative abuses
Mergers. An overview of the goals of merger control. Ex ante mandatory evaluation. The
notion of control. Relevant mergers: the thresholds
Mergers Evaluation. Horizontal mergersUnilateral and coordinated effects. Non
horizontal mergers
Merger Evaluation. Prohibition, remedies (divestitures) fines

TEACHING METHODS
Selection:

Face-to-face lectures
face-to-face lectures
Guest speaker's talks (in class or in distance)
in-class
Case studies /Incidents (traditional, online)
traditional case studies
Group assignments
case analysis
presentation
coaching and/or targeted tutorship

Every year, the students who have not passed the exam must get prepared by studing the new
syllabus

No attendance is required and/or checked

During the final exam, students who presented a case/decision/judment in class can skip the
multiple choice session of the exam.

For further information, please see the course presentation on the blackboard

ASSESSMENT METHODS
Selected methods: Continuous Partial exams General exam

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 SYLLABUS 2019/2020

assessment
Written individual x
exam
(traditional/online)
Open and/or closed x
answers questions
exam
Group assignment x
(report, exercise,
presentation, project
work etc.)
Evaluation of oral x
presentation in class
(possible)

ATTENDING AND NOT ATTENDING STUDENTS

The exam is written and is a closed-book exam. Students can bring the relevant antitrust laws
and regulations (I publish more information on the Bboard).

The written final exam consists of 2 scenario questions, 1 theoretical question, 7 multiple-
choice questions. The answer to each scenario question can grant up to 8 points (8,5
points for really outstanding answers). The answer to the theoretical question is worth
up to 7 points. Scenario questions have the aim of examining the ability to address and
set up the solution to a hypothetical case (for instance by identifying a possible line of
defense in an antitrust investigation); the theoretical question aims to reveal the
understanding of complex legal concepts and issues, as well as demonstrating how they
are actually applied and interpreted by antitrust authorities or in the case law. Multiple-
choice questions (each correct answer is worth one point; no penalization for wrong
answers) aim at assessing the general understanding of competition law and policy.
Students can form small groups to read, analyze and present in class short summaries
of an antitrust decision/judgment. Class presentations are very helpful to illustrate and
thus to better understand the legal reasoning underlying an antitrust decision or
judgment. For this reason, we strongly encourage them: (a) anyone who participates to
a class presentation that strictly complies with the rules in terms of content and length
can skip the multiple choice section of the exam.

TEACHING MATERIALS

- DES-ESS cl. 20

Materials such as laws, regulation, guidelines, judgments and decisions will be uploaded on the
bboard.

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 SYLLABUS 2019/2020

Furthermore, each week we will upload a set of detailed slides for the next week.

For attending students, slides, active class participation and to the mock-exam sessions may
sufficice to learn how to answer to the final exam's scenario and theoretical questions. I suggest
you to complete and refine your preparation by reading R. Whish & D. Bailey, Competition Law,
ninth ed., 2018. I will put on the bboard a list with the relevant chapters/parts of the book.

HONOR CODE
Bocconi University conceives of education as an ongoing process that stretches across a
person’s entire professional life. The University hopes that the entire Bocconi community will
respect the values of fairness and correctness associated with it, values which inspire and guide
the conduct of all community members as they pursue common objectives and a shared
mission. The Bocconi University Honor Code is published at
http://www.unibocconi.eu/honorcode. We encourage all students to read it.

COURSE ETIQUETTE

Active participation, and puncuality are a class.

Please do not get distracted and pay attention to your colleagues' presentations. It's not only a
question of respect. Presentations are fundamental in order to exand and/or better understand
some basic concepts briefly explained in class. They are also important for the preparation to
the final exam.

For the member of the group in charge of the class presentation. You must strictly conform to
the rules that will be given in terms of content and time. Please note that If you run out of time,
you will lose all the benefits associated with the presentation.

Aggiornato al 02/09/2019 14:16

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