Internat and Comparative Competition Law

Subject LAWS70301 (2015)

Note: This is an archived Handbook entry from 2015.

Credit Points: 12.5
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2015:

May, Parkville - Taught on campus.
Pre-teaching Period Start 27-Apr-2015
Teaching Period 25-May-2015 to 29-May-2015
Assessment Period End 06-Jul-2015
Last date to Self-Enrol 01-May-2015
Census Date 25-May-2015
Last date to Withdraw without fail 12-Jun-2015

Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment:

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

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:


For more information:

Phone: +61 3 8344 6190

Subject Overview:

This subject will provide students with international and comparative insights in a field of growing significance to practitioners in Australia and the region. It considers competition law questions in a broad context. It will examine the major systems of competition law enforcement adopted by most countries and their major differences, and how they compare to the Australian system. It will also consider the global competition law system, including the effects of national law and enforcement on other countries as well as the justifications and costs of a variety of international enforcement and harmonisation attempts which are under way. Recognition of such issues is important for any lawyer or scholar who wishes to apply competition law in a globalised world.

This subject is led by one of the world’s competition law experts, with particular expertise in small and developing jurisdictions and in international competition law.

Principal topics 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
  • Effective competition law for 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 will:

  • Have an advanced and integrated understanding of the 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
  • Be able to critically examine, analyse, interpret and assess the effects of such different systems on global and national welfare
  • Have a sophisticated appreciation of the bases for and the limitations of extra-territorial application of competition law
  • Have an advanced understanding of the current global antitrust legal system, and have the cognitive and technical skills to generate critical and creative ideas relating to the benefits and costs of a variety of international enforcement and harmonisation proposals that are under consideration or are being implemented
  • Have the communication skills to clearly articulate and convey complex information regarding various aspects of international and comparative competition law to specialist and non-specialist audiences
  • Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of international and comparative competition law.
  • Class participation (10%)
  • Take-home examination (90%) (3-6 July)

A minimum of 75% attendance is a hurdle requirement.

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:

This subject has a quota of 30 students. Please refer to the website for further information about the management of subject quotas and waitlists.

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