78216 Competition Law in a Global Context6cp
Requisite(s): (70106c Principles of Public International Law AND 78101c Postgraduate Legal Research) 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 OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) 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
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.
Detailed subject description.