MARKET LAW AND REGULATION

Paola Lucantoni

Instructional goals

Students will acquire a deeper understanding of the European legal framework of financial markets and financial intermediation. Students will also understand the mechanics of European supervision in the context of the EU Capital Markets Union initiative.

Prerequisites

No pre-requisite required.

Intended learning outcomes

At the end of the course, students will be able to analyse, understand and provide autonomous evaluation of transactions taking place in the financial market, from a legal perspective, also in relation to the main objectives of the European and national supervision (e.g., stability of the market, investor protection). Students will learn how to discuss on the subjects mentioned above by using the correct sectorial vocabulary and will be able to detect the relevant sources of law.

Course Contents

1. Introduction 2. An overview of the financial market 3. Regulatory intervention in the financial market 4. Financial market supervisory authorities 5. Financial instruments and products 6. Investment services 7. Forms of protection and types of clients 8. Collective investment schemes 9. Trading venues and order execution 10. Disclosure System and Prospectus regulation 11. Takeover law

Reference Books

S. Alvaro – R. Lener – P. Lucantoni, The Prospectus Regulation. The long and winding road, Quaderno Giuridico Consob, n. 22, ottobre 2020 R. Lener – P. Lucantoni, The Financial Market (uploaded on Luiss Learn platform)

Teaching Methods

The course will be delivered through online lectures, in-presence lectures and in-presence laboratories during the II semester of the academic year. A PowerPoint presentation relating to the subject will be uploaded timely before lectures on the Luiss Learn site. Depending on the case, further materials will be delivered during the lectures and uploaded on the Luiss Learn platform. Students are requested to read the slides and/or the relevant chapters of the book before any lecture takes place.

Assessment Method

35% In class tests (3 best grades out of 4) 35% Working Group (evaluation by the teaching group + 10% peer evaluation) 30% Final oral test

Thesis assignment criteria

Requests for the assignment of the thesis will be evaluated by the professor on a first come first served basis, depending on current availability. The Professor reserves the right to reject the request and to evaluate the attitude of the candidate towards market law topics, as well as to rediscuss the topic of the final dissertation.

Week 1 Contenuto sessioni on line e on campus

Introduction; Working group introduction

Week 2 Contenuto sessioni on line e on campus

An overview of the financial market; SSM In class test

Week 3 Contenuto sessioni on line e on campus

SRM; Regulatory intervention in the financial market; Financial market supervisory authorities

Week 4 Contenuto sessioni on line e on campus

Credit rating agencies and financial analyst; Financial instruments and products In class test

Week 5 Contenuto sessioni on line e on campus

Financial products - Italian case law; Investment services In class test

Week 6 Contenuto sessioni on line e on campus

Investment advice; Transparency directive and the Wirecard case; Forms of protection and types of clients

Week 7 Contenuto sessioni on line e on campus

Managing banking credit risk; Collective investment schemes In class test

Week 8 Contenuto sessioni on line e on campus

The fund as a legal entity: an Italian perspective

Week 9 Contenuto sessioni on line e on campus

Product governance and intervention; Trading venues and order execution; Consumer protection

Week 10 Contenuto sessioni on line e on campus

HFT and AT; MAR; The prospectus discipline

Week 11 Contenuto sessioni on line e on campus

Takeover in Italy; The Takeover Offer and Exchange; ESG

Week 12 Contenuto sessioni on line e on campus

Test - Working Group