Internat and Comparative Competition Law

Subject LAWS70301 (2014)

Note: This is an archived Handbook entry from 2014.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject is not offered in 2014.

Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available
Prerequisites: None
Corequisites: None
Recommended Background Knowledge:

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.

Non Allowed Subjects: None
Core Participation Requirements:

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/

Contact

For more information, contact the Melbourne Law Masters office.

Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: www.law.unimelb.edu.au/masters

Subject Overview:

This subject will provide students with international and comparative insights into a field of growing significance to practitioners in Australia and the region. From common roots in British and American law, this subject will examine competition law systems that have been adopted by most countries in the world. The subject will explore how national competition laws were justified by a need to ensure economic efficiency and promote consumer welfare at home. It will also look at how globalisation has resulted in countries being impacted and harmed by anti-competitive conduct that may occur in other jurisdictions. The learnings and benefits from other countries will be most useful for students in understanding competition laws worldwide.

This subject is led by one of the world’s competition law experts, with particular expertise in the Asia-Pacific region.

Principal topics will include:

  • Comparative analysis of the purpose of competition laws
  • The role of national competition authorities and the impact structural choice has on the system
  • Comparative analysis of different approaches to cartels and price-fixing, dominant positions and mergers
  • The impact of larger economies and regional trade communities on competition regimes and enforcement
  • The role of small, medium, developing and emerging economies
  • Jurisdiction and extra-territoriality
  • Bilateral and international cooperation in competition law
  • Challenges in a world without trade barriers.
Learning Outcomes:

A student who has successfully completed this subject should:

  • Understand the basic similarities and differences between competition law systems around the world, mostly those of the United States and the European Union, and how they compare to the Australian system
  • Appreciate the effects of such different systems on global and national welfare
  • Understand the bases for and the limitations of extra-territorial application of competition law
  • Appreciate the current global antitrust legal system, including the benefits and costs of a variety of international enforcement and harmonisation proposals that are under consideration or are being implemented.
Assessment:
  • Class participation (10%)
  • 9,000 word research paper (90%) (19 November) on a topic to be approved by the subject coordinator
Prescribed Texts:

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information: www.law.unimelb.edu.au/subject/LAWS70301/2014

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