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78216 Competition Law in a Global Context

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): (70106c Principles of Public International Law AND 78101c Postgraduate Legal Research) OR 77885 Legal Process and Legal Research OR ((22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies) AND 70211 Contracts) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78217 Competition Law in a Global Context

Description

This subject deals with the application of competition law and policy in a global context. It provides a comprehensive and in-depth examination of the economic and legal principles of international competition law and policy, as well as the current enforcement regime of competition laws internationally. A comparative overview of the principles underlying competition regulation and policy in the United States, Europe, Australia, Japan and China is provided. Current issues and recent cases in global competition law and enforcement are also examined. The instructor does not assume students have had previous exposure to competition law in any jurisdiction or to the study of economics.

The subject is in three parts. Part I helps students to appreciate the significance of competition law and policy in the current globalised environment, and to identify possibilities and obstacles for harmonising and enforcing competition laws internationally. Students develop a critical understanding of the operation of the major international bodies and treaties in relation to competition rule-making and law enforcement. Part II provides opportunities for students to gain a comparative overview of the underlying principles, and substantive laws and policies, in major world economies such as the United States, Europe, Australia, Japan and China, as well as their diverse economic and political backgrounds. The main fields of competition law that raise international concern are examined such as concentration; cartel and other horizontal restraints; vertical restraints; and other anti-competitive practices. Part III provides students with opportunities to critically explore some current issues on international competition law enforcement including the nexus of intellectual property law and competition law (which one prevails); impacts of digital technology on competition law enforcement; the interface between competition policy and trade policy; the implication of national security regimes on competition law enforcement; and obstacles and strategies for establishing a more balanced multi-level competition law system.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Critically evaluate and articulate the rationale for, and implementation of, competition policy and law in enhancing market efficiency, and to adjust quickly to the needs of law firms with transnational competition practices and legal proceedings.
2. Interpret, analyse and evaluate the practical operation and enforcement of competition law in business and commercial contexts across jurisdictions .
3. Conduct effective research by identifying and synthesising primary and secondary legal and interdisciplinary materials in order to investigate contemporary issues relating to international competition law and practice.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
  • Research Skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)

Teaching and learning strategies

Strategy 1 - Preparation: Students prepare for classes by: completing prescribed readings (details provided on UTSOnline); reflecting on and answering questions that guide readings; and listening to podcasts and watching vodcasts (available on UTSOnline). Engaging in these activities enables students to develop their understanding of key concepts and develop skills in policy interpretation. Students test their understanding and practise these skills further in class activities and assessment tasks.

Strategy 2 - Seminar activities and timely feedback: The use of active seminar-style classes helps students to build a solid conceptual framework around core concepts of competition law, which serve as a foundation for understanding the differences and similarities of competition laws and policies between major world economies. In the seminars students engage in range of authentic learning opportunities such as peer-facilitated group discussions, debates, student presentations and practice problems that require students to navigate, explain and apply complex statutory provisions and competition law policies to real-world problems. Students receive feedback on their understanding and problem-solving skills regularly from peers and the seminar leader during class discussions, which includes early feedback for their first presentation (Assessment task 1B: Topic Presentation 1, in relation to final essay topic) before the end of Week 4 (the census date). Students give two oral presentations to the class during the session in order to receive individual feedback from both seminar leaders and peers on their understanding of key concepts, critical legal analysis and policy interpretation, and problem-solving skills.

Strategy 4 - Developing legal research skills: Students develop and practise their legal research skills through planning and completing their research essay (Assessment task 3), preparing for their presentations (Assessment task 1 Parts B and C), and providing constructive feedback to presentations by other students. Students’ presentations (see also Strategy 2) are scheduled prior to submitting the final essay and the seminar leader will provide feedback on the research topic, research strategy and bibliographic sources ahead of the final writing task (Assessment task 3).

Strategy 5 - Discussions with Invited experts: Through field trips (such as visiting Australian Competition & Consumer Commission (ACCC) Sydney office) and guest speakers for both regulators (such as ACCC) and commercial law firms (depending on availability), students are exposed to the views of both regulators and commercial lawyers, and learn about how competition law and policy are enforced and implemented in the real world.

Content (topics)

Topic 1 - Overview of international competition law and policy

Topic 2 - Major international competition law bodies and treaties

Topic 3 - Comparative overview of the principles underlying competition regulation and policy in the United States, Europe, Australia, Japan and China

Topic 4 - Competition regulation and policy in the United States

Topic 5 - Competition regulation and policy in the European Union

Topic 6 - Competition regulation and policy in Australia

Topic 7 - Competition regulation and policy in Japan

Topic 8 - Competition regulation and policy in China

Topic 9 - Current issues on international competition law

Assessment

Assessment task 1: Class Participation

Intent:

With an emphasis on ethics and common sense, seminars in this subject provide students with a low-risk environment in which to discuss, resolve and reflect on authentic professional problems and current issues in relation to the implementation of competition laws and policies at the international level.
Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 30%
Length:

2000 words (equivalent)
Criteria:

Assessment Criteria for Part A (Class Discussion):

  1. Consistent, clear and thoughtful contributions to class and group discussions on assigned questions
  2. Constructive feedback for peers
  3. Contributions that demonstrate personal engagement with the subject materials and activities across the range of topics and issues
  4. Building on peer responses to generate class discussion and alternative perspectives on topics
  5. Critically informed understanding of current issues and challenges in competition law
  6. Persuasive and succinct arguments
  7. Cooperative approach to group discussions including contribution to a respectful environment by showing sensitivity to others and a professional responsibility towards learning in the subject.

Assessment Criteria for Parts B & C (Topic Presentations):

  1. Clear and thoughtful presentation to class
  2. Clearly articulate a research question, argument and research plan
  3. Conduct effective research by identifying appropriate primary and secondary texts for the chosen essay question
  4. Facilitation of class discussion about their topic
  5. Appropriate response to previous feedback
  6. Concise slides that provide audience with a useful overview of the topic before and during presentation
  7. Demonstrate personal engagement with topic, key issues and challenges in national and international competition and consumer law
  8. Development of logical arguments with persuasive conclusions.

Assessment task 2: Case note or Article Critique

Intent:

This assessment task gives students an opportunity to follow up with latest development of international competition law cases and issues, to practise their critical analysis and evaluation skills, and develop the content, style and quality of written arguments expected of law graduates.

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 30%
Length:

1500 words
Criteria:

Assessment Criteria for Option 1 (Case Note):

  1. Clearly-explained convincing rationale for selecting the particular case
  2. Clear and accurate explanation of the central legal issue, important relevant facts and appropriate background
  3. Clear outline of the court’s decision and reasoning, including any dissenting judgment if applicable
  4. Critical and reflective analysis and evaluation of the decision, drawing clear conclusions regarding the impacts and implications of the decision
  5. Well-structured and organised
  6. Accurate and consistent referencing in accordance with AGLC, including bibliography.

Assessment Criteria for Option 2 (Article Critique):

  1. Clearly-explained convincing rationale for selecting the article
  2. Clear and insightful analysis of the important points made in the article, appropriate background, and major legal or socio-economic issues involved
  3. Critical and reflective analysis and evaluation of the author’s major arguments and balances possibly opposing views
  4. Clear conclusions regarding the article’s implications for competition law
  5. Evaluation is well-structured and organised according to legal conventions with accurate referencing in accordance with AGLC utilising footnotes and bibliography.

Assessment task 3: Research Essay

Intent:

This assessment task gives students an opportunity to demonstrate their mastery of current global competition issues. It also enables students to critically analysis and evaluate the subject themes in response to short-answer questions.
Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 40%
Length:

3000 words
Criteria:
  1. Clear, accurate and creative application of the relevant law to the essay topic;
  2. A sustained thesis with coherent and persuasive arguments supported by research that draws reasoned and logical conclusions;
  3. Well-structured and organised;
  4. Identifies, evaluates and synthesises relevant research to support the argument;
  5. Referenced properly in accordance with the Australian Guide to Legal Citation, 3rd ed, 2010.

Required texts

  • Corones, Competition Law in Australia 6th ed, 2014 (or latest version), Thomson Legal Regulator (Lawbook Co), Sydney.
  • A copy of the Competition and Consumer Act 2010 (Cth) (Available on Austlii).
  • Einer Elhauge and Damien Gerardin, Global Competition Law and Economics, 2nd Ed, Hart Publishing, 2011 (or latest version).

Recommended texts

Books

  • Russell V Miller, Miller’s Australian Competition Law and Policy, 2nd ed, 2012 or latest version, Thomson Retours.
  • Korah Valentine, An Introductory Guide to EC Competition Law and Practice, Hart Publishing, 2007 or latest version (The classical introductory text to EC Competition Law. A condensed and updated coverage of all main topics, with abundant case law references and a critical vision of the field. Already in its 9th edition.)
  • Competition Policy and Development in Asia. London: Palgrave Macmillan. Edited by Douglas H. Brooks and Simon J. Evenett.(2005)
  • Wish Richard, Competition Law, Oxford University Press, sixth edition, 2008. (A very clear and well written manual, by a leading UK professor).
  • Bellamy and Child, European Community Law of Competition, Oxford University Press, 2007 (One of the classical manuals in the field. Updated periodically.)
  • Faull and Nickpay, The EC law of Competition, Oxford University Press, 2007 (A manual mostly written by officials in DG Competition).
  • Mark Williams, Competition law in Hong Kong China and Taiwan, Cambridge University Press, 2002
  • Clarke, Corones and Clarke, Competition Law and Policy: Cases and Materials, 3rd ed, Oxford University Press, 2011.
  • Duns, Davison and Beaton-Wells, Competition Law: Cases and Materials, 2nd ed, LexisNexis Butterworths, Sydney 2006.
  • Steinwall R (ed), Twenty -Five Years of Australian Competition Law, Butterworths 2000.
  • Yeung K, The Public Enforcement of Australian Competition Law, A.C.T.: Australian Competition and Consumer Commission, 2001

Loose-leaf series:

  • CCH Australian Trade Practices Reporter (Online in library);
  • Heydon, Trade Practices Law, (2 vols) Law Book Company

References

Books

  • Breit W & Kenneth G. E (ed), The antitrust casebook: milestones in economic regulation, Worth: Dryden Press, 1996.
  • Hylton K N, Antitrust law Economic Theory and common law revolution, Cambridge University Press 2003
  • Posner R, Antitrust Law, 2nd ed, University of Chicago Press, 2001
  • Wu L (ed), Economics of antitrust: new issues, questions, and insights, NY: NERA Economic Consulting, 2004.

Journals

  • Antitrust Law Journal (USA)
  • Australian Business Law Journal (LBC) (Australia)
  • Australian Trade Practices Law Reporter (CCH) (Australia)
  • Competition & Consumer Law Journal, Butterworths (Australia)
  • European Competition Journal (2005-) (United Kingdom)
  • European Competition Law Review (United Kingdom)
  • International Review of Intellectual Property and Competition Law (Germany)
  • Journal of Competition Law and Economics (2005-) (United Kingdom)
  • OECD Journal of Competition Law and Policy (France)
  • The Antitrust Bulletin (USA)
  • Trade Practices Law Journal, Law Book Company (Australia)
  • World Competition: Law and Economics Review (Netherlands)

Law reports

  • Australian Trade Practices Reports (ATPR)
  • Federal Court Reports (FCR)

References

  • Australian Guide to Legal Citation, 3rd ed, 2010.

Others

Other resources

Useful Websites

National Websites

Overseas/International Websites

Supplementary Materials:

  • Allens Arthur Robinson, The Annual Allens Arthur Robinson Competition Law Fest. St. Leonards, N.S.W.: The Continuing Professional Education Dept. of the College of Law, 2008.
  • Brunt M (ed), Economic essays on Australian and New Zealand competition law, London: Kluwer Law International, 2003.
  • Neale AD, The Antitrust Laws of the United States: A Study of Competition Enforced by Law, 2nd ed, Cambridge University Press, London 1970
  • Posner R, Economic Analysis of Law, Aspen Publishing, 2003 Whish R, Competition Law, Butterworths, 2003
  • Walsh & Paxton, Competition policy: European and international trends and practices, London: Macmillan, 1975