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MARKET AND COMPETITION LAW Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Objectives
Contents The course, lasting six months, is divided into a first part dedicated to the deepening of some real rights, obligations, the contract in general and some special contract figures that have a privileged connection with market and competition issues.
The second part deals with the issues concerning competition and the market in the Italian legal system (civil code and antitrust law) and supranational law (European Union).
Extended Syllabus Extended program:
First part
Market Law
- The Market and its subjects;
- the real rights: properties, communion and condomination;
- bonds in general;
- the contract in general;
- special market contracts. The sales contract, the trade-in contract, the carry-over, the appraisal contract, the supply contract, the rental and lease contract, the leasing contract, the contract and similar figures, the transport contract, the contract of deposit, the franchising contract, the factoring contract, the loan contract, the loan agreement.
Second part
The Competition Law in the Civil Code: Articles 2595, 2696, 2597, 2598, 2599, 2600, 2601 c.c. and the antitrust law according to the law n. 287/1990;
- The legal limits of competition and the contractual limits of competition; obligation to contract in the case of monopoly;
- unfair competition. Definition; subjective assumptions and subjects; competitive damage; competition due to confusability and parasitic competition;
- consumer protection in unfair competition and misleading advertising.
- The prohibition of agreements; abuse of dominant position and abuse of economic dependence;
- contracts between entrepreneurs in an asymmetrical position. Subcontracting; the fight against late payments in commercial transactions.
Competition law in the European Union
- Origins and objectives of competition law in the European Union: from the ECT to the Lisbon Treaty;
- the sources of the competition law of the European Union: the TFEU and the Protocol n. 27;
- the conventional rules applicable to companies: the agreements prohibited by art. 101 TFEU;
- the prohibition of abuse of a dominant position: art. 102 TFEU.
Recommended Bibliography - Balloriani M., De Rosa R., Mezzanotte S., Manuale Breve Diritto Civile, Giuffrè Francis Lefebvre, ult. ed. limited to: cap. III, sez. I e sez. III; cap. VIII, sez. III; cap. IX, sez. I; cap. XI; cap. XIV; cap. XV - paragrafi 1, 2, 3, 4, 5; cap. XVII – Sezione I e III; cap. XVIII – Sezione I e II; cap. XIX; cap. XXII; cap. XXIII; cap. XXIV; cap. XXVI; cap. XXVII; cap. XXXI; cap. XXXIV – Sezione I; Sezione II, Sezione III, Sezione VII.
Alternatively, the same topics in another updated private law manual.
- Civil code;
Teaching materials.
Teaching Methods Frontal lessons. Exercises.
The lectures will focus on theoretical topics and will be carried out by the teacher.
Attendance is optional, but recommended.
Evaluation methods Verification of learning:
Oral examination.
Learning assessment procedures:
the verification of the learning will be carried out through an oral exam, composed of 4/5 questions aimed at verifying the knowledge of the reference material, as well as the ability to understand, autonomy of judgment and communication skills. To this end, particular attention will be paid to the appropriateness of the language used, the ability to establish links between different but interconnected topics and the ability to interact critically on the topics proposed by the teacher. The oral exam will be evaluated with a score expressed in thirtieths.
Contacts/More Information