Competition in a Globalised World

This subject is not offered in 2016.

150 hours

Students are expected to log into the LMS and familiarise themselves with the subject, layout, navigation, activities, readings and assessment the week before formal teaching begins.

Students will not be expected to complete any set tasks or readings but will be encouraged to make a start on readings for the module if they so choose.

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level.

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 use a computer, including read material on screen, to a competent standard;
• 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 Student Equity and Disability Support.

This subject will examine in depth the implications for the design and enforcement of competition rules where merger, unilateral, cartel and other business activity have transnational features and effects. Students will examine rules governing extraterritorial jurisdiction, discovery, recognition and enforcement of judgments, and extradition in the international context. They will learn about the ways in which competition authorities cooperate with each other and the role played by regional and international organisations. The subject also canvasses the relationship between competition and trade policies, and the particular challenges facing small and developing economies in a globalised world.

Highlights of the subject include:

• Critical examination of how tensions between considerations of national sovereignty and international comity arise in the competition law context;
• Exploration and critique of the ways in which governments and competition authorities are seeking to meet the enforcement challenges posed by anti-competitive conduct that has multi-jurisdictional effects;
• Consideration of the strategic opportunities and challenges for multinational business organisations in managing competition law risks;
• Special focus on the increasing significance of competition policy, law and enforcement in international trade laws and regulation and the implications for small and developing economies; and
• Insights and perspectives from leading stakeholders such as competition authority officials and practitioners to assist students in grappling with the challenges posed by the design and application of competition policies and rules in cross-border settings.

On completion of this subject, students will have developed:

• An advanced knowledge of the legal rules and enforcement approaches and challenges that apply in relation to transnational or cross-border business activity with anti-competitive effects;
• Sophisticated cognitive and technical skills that equip them to critically analyse and assess the economic policies, legal rules and enforcement approaches that are relevant in a globalised world;
• A capacity to use the knowledge and skills students have gained in the subject in a way that demonstrates effective autonomy, judgment, adaptability and responsibility as an expert learner and practitioner in the field of international competition law.

• Participation in and contributions to discussion board and tutorials, Throughout term: weeks 1-8 (20%)
• Mid-term assessment task (practical exercise) (max 4000 words), Week 5 (30%)
• Final assessment task (reflective essay) (max 6000 words), Week 9 (50%)

This subject is not available as a breadth subject.