East Asian Competition Policy and Law

This subject has the following teaching availabilities in 2013:

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

Competition policy and law is emerging as a significant field of policy and practice in the Asia-Pacific region. Taught by one of the leading scholars in East Asian competition law, this subject will seek to examine the political economy surrounding competition policy in a number of key East Asian jurisdictions. The extant competition laws, guidelines and important decisions made by competition agencies and the courts, will be analysed to identify whether and to what extent these regimes are in conformity with prevailing global competition norms. Jurisdictions to be studied will include South Korea, Japan, China and Hong Kong, Malaysia and Singapore, and Indonesia.

Principal topics will include:

• Identification of the variety and complexity of factors that make up the political economy environment in East Asian jurisdictions and the differences between them in each jurisdiction
• Competition policy objectives
• The form and nature of the competition law and in each jurisdiction
• The principal features of the competition statutes and guidelines
• Role and function of the enforcement agency and the courts
• Assessment of effectiveness of enforcement, including analysis of decided cases
• Assessment of compliance with international norms.

A student who has successfully completed this subject will:

• Have a sophisticated appreciation of the political economy factors surrounding competition policy formation and execution in the major East Asian economies
• Have an advanced understanding of the key features of the prevailing legal regimes in those jurisdictions
• Be able to critically analyse and engage in informed debate about the extent to which the systems conform to internationally accepted norms
• Be able to assess in a sophisticated and applied way the complexities and risks associated with compliance with these regulatory systems from the perspective of a multinational corporation

Class participation (10%)

8,000 word research paper (90%) (5 February 2014) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.