Email: adaproject@unimc.it

Call

Antitrust Damages Actions

Interdisciplinary training of European judges on implementation of EU rules

Call for application – 1st edition

New Deadline: 8 July 2018

The deadline to made the application is postponed to 8th July 2018

 

The project is organised by the University of Macerata (Italy) to support and promote judicial training on the application and interpretation of EU competition law with a mission of fostering a common legal and judicial culture.

 

The aim is to contribute to improvement of knowledge, application and interpretation of EU competition law so as to ensure its coherent and consistent application.

 

Such purpose will be achieved by the following specific training activities focused on:

  • Directive 2014/104 on antitrust damages actions (and the Italian transposing legislation);
  • Economic principles of competition law including economic principles and economic reasoning;
  • Specific terminology used in the application of competition law.

 

The course provide for both e-learning and classroom-taught training activities on the following topics:

  • The disclosure of evidence in proceedings relating to an action for damages;
  • The passing on of overcharges and the interplay between damages actions related to the same infringement, but instituted by injured parties on different levels of the supply chain;
  • The quantification of antitrust harm in the framework of damages actions, including the application of the methods for quantification identified in the Commission’s Practical Guide on the Quantification of Antitrust Harm;
  • The interaction between the public and the private enforcement of competition law, focusing on both positive interaction and measures to avoid negative interactions;
  • Economic principles of competition law analysed in the light of market characteristics, cost analysis, substitution and strategic interactions in different competition environments, market power, horizontal and vertically related markets, and markets definitions.

 

The e-learning training program consists of:

  • A ten hours video training course (40 lessons of ca. 15 minutes each);
  • Updates on European and Italian case law on Directive 2014/104;
  • A glossary of competition law;
  • Other relevant documents with regard to the training topics;
  • A forum in which judges could interact by posting and commenting questions and exchanging views and experiences.

 

The residential training provides for two seminars of two days each at the University of Macerata:

  • First two-day seminar consists of classroom-taught lectures on Directive 2014/104 on antitrust damages actions (and the Italian transposing legislation) and the economic principles of competition law;
  • Second two-day seminar is practically-oriented and based on simulations and dealing with real case studies, focused on the issue of the quantification of antitrust harm in the framework of damages actions, including the application of the methods for quantification identified in the Commission’s Practical Guide on the Quantification of Antitrust Harm.

 

Furthermore, all the participants will be invited to a Final Conference where the worldwide exchange of ideas among national judges and government officials with interest in EU competition law will be promoted.

 

PROGRAMME OF THE COURSE:

10th September 2018: Communication personal credentials for e-learning training.

A) 10 hours of interdisciplinary distance training course comprised of 40 videos, 15 minutes each, on the following topics:

  • Introduction to competition law
    • EU and its competition law and institutions
    • Article 101 TFEU
    • Article 102 TFEU
    • Practical guide quantifying harm in actions for damages based on breaches of article 101 or 102 of the treaty on the functioning of the European Union
    • Public enforcement
    • Private enforcement
    • EU competition case law
  • Directive 2014/104 on antitrust damages actions (and the Italian transposing legislation)
    • Ratio and legal basis
    • Implementation in Italy ( D. lgs. n. 3 del 2017)
    • Right to full compensation
    • Principles of effectiveness and equivalence
    • Access to proofs / Disclosure of evidence
    • Limitation periods
    • Joint and several liability
    • Binding effect of national competition authorities’ decisions
    • The passing on of overcharges. The study of “DG comp”.
    • Quantification of harm
    • Consensual dispute resolution
  • Economic principles of competition law
    • Market characteristics
    • Cost analysis
    • Substitution and strategic interactions in different competition environments
    • Market power
    • Horizontal and vertically related markets
    • Markets definitions

B) Reading materials:

  • Glossary of competition law.
  • Ad-hoc collection of relevant documents (presentations, academic articles, etc.)

 

10th and 11th September 2018: lectures at the University of Macerata.

 Directive 2014/104 on antitrust damages action and the economic principles of competition law.

 

SEPTEMBER 10th. 9-13. 15-19. University of Macerata

  • The disclosure of evidence in proceedings relating to an action for damages;
  • The passing on of overcharges;
  • The interaction between the public and the private enforcement of competition law;
  • Disclosure, trade secrecy and legal privilege in the private enforcement environment.

 

SPEAKER

  • ADAM SCOTT, Director of Studies of the UK Competition Appeal Tribunal
  • ROSA PERNA, Senior Judge at the Administrative Court of Rome
  • VALERIA FALCE, European University of Rome

 

 

SEPTEMBER 11th. 9-13. University of Macerata

  • The quantification of antitrust harm in the framework of damages actions, including the application of the methods for quantification identified in the Commission’s Practical Guide on the Quantification of Antitrust Harm

 

SPEAKER

  • FRANCESCA SEVERINI, University of Macerata

 

17th and 18th January 2019: workshop at the University of Macerata.

Simulations and dealing with real case studies, focused on the issue of “the quantification of antitrust harm in the framework of damages actions, including the application of the methods for quantification identified in the Commission Practical guide on the quantification of antitrust harm” and economic principles of competition law.

 

JANUARY 17th. 9-13. 15-19. University of Macerata

 

SPEAKER

  • ADAM SCOTT, Director of Studies of the UK Competition Appeal Tribunal
  • FRANCISCO MARCOS, IE Law School
  • LORENZO PACE, University of Molise

 

 

JANUARY 18th. 9-13. University of Macerata.

 

SPEAKER

  • FRANCESCA SEVERINI, University of Macerata

 


CONDITIONS OF PARTICIPATION:

  1. Participation is open to:
    • national judges, prosecutors, apprentice judges, and judges’ office staff dealing with the review of national competition authorities decisions;
    • national judges, prosecutors, apprentice judges, and judges’ office staff dealing with competition law, including antitrust and state aid, at final instance (a final-instance judge may be of an appeal court, if this court’s decisions cannot be further challenged).

National judges who do not belong to any of these two groups can apply, but cannot request expense reimbursement.

  1. Applications can be made until 17thJune 2018 by filling out the on-line form at:  http://adaproject.eu/call/
  2. Training is limited to a maximum of 20 participants. A response will be given to every applicant no later than 9thJuly 2018. A waiting list of unsuccessful applicants will be drawn up. In the event of cancellations, applicants from the waiting list will be offered a place.
  3. Participation is free of charge. Participation includes e-learning training and classroom-taught workshops, including two seminars of two days each at the University of Macerata.
  4. Participants from outside of Italy may request a travel expense reimbursement for up to a maximum amount of € 300,00 and participants from Italy – for up to a maximum of € 80,00. The reimbursement is subject to submission of the original travel receipts (e.g. flight ticket, boarding pass, train ticket, etc.) to be sent in within one month after the end of the training activities.
  5. University of Macerata will book and pay for accommodation for four nights: 9th and 10th September 2018 and 16th and 17th January 2019. University of Macerata will offer all the meals and refreshments during the seminars.
  6. A certificate of attendance will be issued at the end of the training activities.
  7. Filling in the seminar evaluation form is mandatory. Failure to fill out the evaluation form will automatically mean that the participant is not entitled to a certificate of attendance and to travel expense reimbursement.

For further information, please visit our website (http://www.adaproject.eu) or contact us: adaproject@unimc.it.