Market regulation and Business practices

A.Y. 2020/2021
9
Max ECTS
60
Overall hours
SSD
IUS/05
Language
English
Learning objectives
The course in Market regulation and business practices aims at providing students with the analytical tools relevant for a general knowledge in different areas such as regulatory strategies (especially. based on information), unfair commercial practices and misleading advertising, technological innovation (platforms, algorithms, consumer role in the digital era), and the regime of Intellectual Property Rights.
Moreover, the methodology that is used prevailingly is addressed to explain some legal categories to students from different countries who do not have any specific legal background.
The programme is tailored for students like these and in addition is to be combined with the objectives and other courses of the Master degree in corporate communication.
Expected learning outcomes
This course provides an opportunity for students to develop an understanding of, and critically to evaluate, the basic tools, techniques and decision-making methodologies that are employed in regulatory design and practices especially regarding consumers' attitudes and expected behaviour changes through disruptive technology in the digital world.
It will also enable students to undertake a critical appraisal of the main matters which in different ways are related to the matters of the course.
Course syllabus and organization

Single session

Responsible
Lesson period
First trimester
The programme of this course is the same.
Lessons and laboratories will be held by means of the paltform Microsoft Teams
Teaching materials and documents will be available in Ariel as usual
Ariel will be also the way to communicate with students
Tests at the end of each teaching unit will be written both online and in a room of the Faculty (when and if possible)
Course syllabus
The programme is organised in 3 units seeking to give some useful suggestions in different dimensions in order to understand some topics at least complementary to other disciplinary sectors.
The 3 units are (1) on regulatory strategies especially information based regulation and its more innovative tools such as nudging and its theoretical background in cognitive science; (2) on the European legislation on unfair commercial practices and misleading advertising; these topics will be analysed in the light of the digitalisation evolution with regard to the platform economy, big data, profiling and digital consumer protection; (3) on the European competition rules and the special regime of Intellectual Property Rights, in particular the new dir. on copyright.
Prerequisites for admission
It would be advantageous to have some knowledge of legal matters, esp. public and private law.
Teaching methods
Each unit includes general and teorethical lessons and parallel discussions on cases and laboratories on practical cases.
Teaching Resources
For attendant students:
Unità 1: letture obbligatorie
R. Baldwin- M. Cave - M. Lodge, Understanding Regulation :
Part I - chapter 3 (25-39)
part II - chapter 7 (105 - 136) + chapter 8 (137 -146)
Part III - chapter 11 (227 -259)
Karen Yeung, Government by publicity management: sunlight or spin, Public Law 2005
Cass R. Sunstein, Nudges.gov: Behavioral Economics and Regulation, Oxford Handbook of Behavioral Economics and the Law, 2014
Richard H. Thaler - Cass R. Sunstein, Nudge. Improving decisions about health, wealth, and happiness, Yale Univ. Press, 2008
Unità 2: letture obbligatorie:
- Dir. 93/13/EEC - Unfair terms in consumer contracts
- DIR. 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market
- DIR. 2006/114/EC concerning misleading and comparative advertising
-DIR (EU) 2019/2161 regarding modernisation of consumer law
- JAN TRZASKOWSKI, Behavioural Economics, Neuroscience, and the Unfair Commercial Practices Directive, J Consum Policy (2011) 34:377-392
- OECD DIGITAL ECONOMY PAPERS, Protecting consumers in peer platform markets. exploring the issues, No. 253, 2016
- NATALI HELBERGER, Profiling and targeting consumers in the Internet of Things - A new challenge for consumer law ( available at: http://ssrn.com/abstract=2728717 )
Unità 3: letture obbligatorie:
R. WHISH, Competition law, OUP, 2012, pp. 617 - 677
A. JONES - B. SUFRIN, EU competition law, OUP (sixth edition), 2016: chapter 12 §§ 1-4

For non attendant students:
Unità 1:
- R. BALDWIN- M. CAVE - M. LODGE, Understanding Regulation :
o Part I - chapter 3 (25-39)
o part II - chapter 7 (105 - 136) + chapter 8 (137 -146)
o Part III - chapter 11 (227 -259)
- KAREN YEUNG, Government by publicity management: sunlight or spin, Public Law 2005
- CASS R. SUNSTEIN, Nudges.gov: Behavioral Economics and Regulation, Oxford Handbook of Behavioral Economics and the Law, 2014
- RICHARD H. THALER - CASS R. SUNSTEIN, Nudge. Improving decisionsabout health, wealth, and happiness, Yale Univ. Press, 2008
- YING FAN, Ethical branding and corporate reputation, Corporate Communications: An International Journal (2005)
Unità 2:
- Dir. 93/13/EEC - Unfair terms in consumer contracts
- DIR. 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market
- DIR. 2006/114/EC concerning misleading and comparative advertising
-DIR (EU) 2019/2161 regarding modernisation of consumer law
- JAN TRZASKOWSKI, Behavioural Economics, Neuroscience, and the Unfair Commercial Practices Directive, J Consum Policy (2011) 34:377-392
- OECD DIGITAL ECONOMY PAPERS, Protecting consumers in peer platform markets. exploring the issues, No. 253, 2016
- NATALI HELBERGER, Profiling and targeting consumers in the Internet of Things - A new challenge for consumer law ( available at: http://ssrn.com/abstract=2728717
- DANIEL J. SOLOVE, Privacy Self-Management and the Consent Dilemma, GW Law Faculty Publications & Other Works (2013)
Unità 3:
R. WHISH, Competition law, OUP, 2012, pp. 617 - 677
A. JONES - B. SUFRIN, EU competition law, OUP (sixth edition), 2016: chapter 12 §§ 1-4; 6; 8.
Assessment methods and Criteria
The assessment for attendant Students is organized as follows:

1. a written test with 2 open questions at the end of each unit
2. the final mark will be composed of the tree marks received for each test.

For non attendant students:
Written examination that will cover the full span of the course.
the examination will include 6 open questions (2 relating to each unit)
Some questions can be aimed at testing the ability to apply the knowledge to practical cases.
IUS/05 - ECONOMICS LAW - University credits: 9
Lessons: 60 hours
Professor: Ammannati Laura