Introduction
This course focuses on three profiles. The first profile explores the concept of state aid and its function as a tool of EC law and economic development. All of this is achieved by means of the available examination of the jurisprudence of the European courts and the decisions of the Commission in declaring certain aid compatible with the common market. The Commission's supervisory powers, as well as the means of enforcing state aid law in the courts, are also explained in the framework of the third profile of the course.
The second profile addresses some of the most interesting EU competition law items and issues through the analysis of contracts and commercial agreements that are widely used in the international marketplace, with a specific attention to M&A contracts and joint venture agreements.  The third profile deals with administrative review process of antitrust cases before of the European Commission as well as with litigation of antitrust matters before the EU courts, national courts and arbitrators.  Special attention will be given to state aids, both in terms of administrative and judicial review.
We will study and practice on mock contracts, and examine court papers and relevant court precedents and Commission decisions. Students will be invited to engage in in-class contract negotiations and moot court exercises.  This is intended to test and improve negotiation and litigations skills and to train for tasks that students will face after graduation from law school.
Some of the lessons will be held together with, and with the valuable contribution of, foreign specialists in EU competition law such as lecturers from academia, practitioners from multinationals and law firms, officials of the European Commission as well as judges of the EU courts.
It is envisaged that the class will comprise up to 25 students. All students will be expected to read specific materials, as instructed from time to time, prior to each lesson.

Course subjects

Part One – Competition and State Aids.

I.    The concept of “Aid”

A)    Definition of existing aid
B)    Definition of new aid
C)    Aid which is compatible with the common market
D)    Aid which may be compatible with the common market

II.   Aid Scheme and Individual Aid
III.  Unlawful Aid
IV.   Misuse of Aid

I.     International commercial contracts: EU competition law boundaries and restrictions
II.    Drafting issues and negotiating skills
III.   Horizontal agreements: R&D contracts; collective trading agreements; production and specialization contracts
IV.    Vertical agreements: distribution agreements: agency contracts; supply contracts; franchising contracts
V.     Merger & acquisition contracts
VI.    Joint ventures
VII.  Technology transfer agreements
VIII. Contract provisions and abuse of dominance

Part Three – Litigation

I.    The European Commission administrative process

A) steps and strategies in practice: complaints; investigation; statement of objections; access to the file
B) special procedural routes – risks and opportunities: leniency applications; settlements

II.   State aids: complaints; review procedure and assessment; challenging Commission decisions; recovery of State aids
III.  Review by the General Court and appeal to the Court of Justice: steps and strategies; drafting briefs; evidence; interim relief and other interim applications
IV.   The role of the national courts and preliminary rulings
V.    Arbitration in competition matters

Attendance to the course
Students must have successfully passed ‘EU Law’ (basic course).
A good knowledge of the English language is essential.  Anyone who wishes to attend this course, which will start in March 2012, needs to submit a request for amission no later than March 4, 2012 by e-mail to the following address: ;
The test will be in the form of an oral interview on one or more topics discussed during the course.  The final grade will reflect the student’s performance at the oral interview as well as his/her contribution and performance during in-class discussions.

Bibliography
Lectures will be based on specific reading materials, as indicated from time to time prior to each lesson.  Materials will include court precedents and decisions, model contracts, and excerpts from the following reference bibliography:Quigley C., European State Aid Law and Policy, (Hart Publishing, 2° ed., 2009);   Rubini L., The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective (Oxford University Press, 2010); Kerse, C., and Khan, N., EC Antitrust Procedure (Sweet & Maxwell, 6th edn., 2009); Bellamy, C., and Child, G., European Community Law of Competition (Sweet & Maxwell, 6th edn., 2007); and Tosato, G.L., and Bellodi, L., Procedure: Antitrust – Merger – State Aid (Claeys & Casteels, 1st edn., 2006); Jones A., Sufrin B., EU Competition Law (Oxford University Press, 4th edn., 2011).

Curriculum Vitae
Massimo Condinanzi is professor of EU Law at the Law School of the Milan State University.
Michele Mario Nascimbene specialized in competition and corporate law.  He is a member of the Italian Bar and a Solicitor of the Supreme Court of England and Wales. Mr. Nascimbene worked in London with Sullivan & Cromwell where he handled delicate EU competition matters and cases, and in Brussels with the European Commission (DG Competition).
Mr. Nascimbene has lectured at universities in Italy (including the Law School of the Milan State University) as well as in the UK.  In 2006-2007, he was contract professor (professore a contratto) at the School for Legal Professions (Scuola per le Professioni Legali) of the Milan State University. Mr. Nascimbene graduated with honors from the Law School of the Milan State University.  He earned a master’s degree in Law and High Technologies from the Law School of the University of Bologna.