The course aims to offer students the core instruments of transnational business law. It will focus on the challenges emerging from globalisation, implying the necessity for lawmakers to regulate transnational phenomena. Special attention will be devoted to the interplay between different legal regimes, expression of the necessity to regulate different phenomena, such as international investment law and climate (crisis), or business law and human rights. Special attention will be given to the regulation of contemporary societal challenges, i.e., digitalisation and sustainability, both in EU law and international law.
After this course, the student should be able to: -Contextualize the development of competition law, in the EU and in the US. -Explain and apply to specific cases the regulatory pillars developed in EU law, including the Treaty provisions, the secondary law, and the case law of the Court of Justice of the EU. -Explain and apply specific cases of conflicts of rules to the regulation of transnational business phenomena.
Prerequisiti
not applicable
Metodi didattici
Frontal lectures and presentations by students. The course will mix two main instruction methods, i.e., frontal lectures varied with students’ presentations by students on topics selected at the beginning of the course. The presentations by students will be part of the final grade, so students will build up their final grades thanks to their active participation and engagement during the course.
Verifica Apprendimento
Frontal lectures and presentations by students. The course will mix two main instruction methods, i.e., frontal lectures varied with students’ presentations by students on topics selected at the beginning of the course. The presentations by students will be part of the final grade, so students will build up their final grades thanks to their active participation and engagement during the course.
Contenuti
In the first part, the course will start paving the conceptual premises of the topic, i.e., by laying the economic and legal foundations of EU competition law. Secondly, the key concepts of Art. 101 TFEU will be analyzed and contextualized. Third, the course will examine the possibilities for cooperation under Art. 101 and the discipline of merger control, including Regulation No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation). In the second part, the course will focus on the regulatory answers to two recent challenges: digitalization and sustainability, developing the regulatory interventions of the EU and how they relate to the global challenges they regulate. In the third part, the course will focus on transnational challenges caused by the interplay between the regulation of transnational phenomena having different natures and needs, such as investment and climate. It will be therefore devoted to the interactions of different and possibly conflicting legal regimes and how these interactions can be composed.