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US Competition Law and Policy (LAWS70320)
Graduate coursework level 7Points: 12.5Not available in 2018
Overview
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While the legislation governing competition (antitrust) law differs across jurisdictions, the methods of analysis have become very similar. The United States (US) has the longest and deepest experience with the application of such legislation. Every competition lawyer will benefit from familiarity with the United States experience and analytical methods. The lecturer is one of the foremost authorities on antitrust in the US. This subject will provide students with a sophisticated grasp of US antitrust law, an appreciation of the legal and economic modes of analysis employed in US cases and familiarity with the rules of procedure and evidence in US antitrust litigation. He has also acted as an expert witness in several of Australia’s most important trade practices cases and is well-placed to ensure students understand both the commonalities and differences between United States and Australian competition law.
Using United States antitrust cases as the primary vehicle for learning, principal topics include:
- Horizontal restraints: price-fixing and related conduct; information exchange and oligopolistic conduct, group boycotts and related conduct
- Vertical restraints, including intra-brand restraints (eg resale price maintenance and exclusive dealing) and interbrand restraints
- Monopoly, including market definition, predatory pricing, refusal to deal and other monopolising conduct
- Mergers, including the basic paradigm; the approach taken under the Department of Justice merger guidelines, recent cases and conglomerate and vertical mergers.
The syllabus will cover early foundational cases (eg Alcoa and Du Pont in the case of market definition; Aspen Skiing in the case of refusal to deal; Philadelphia Bank in the case of mergers) as well as more recent cases (eg Microsoft in the case of monopolising conduct; Staples and Oracle in the case of mergers; Leegin in the case of RPM; Twombly in the case of price-fixing).
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a sophisticated grasp of the United States antitrust rules and policies, with an emphasis on the economic principles that are applied
- Have an advanced understanding of the legal and economic modes of analysis that are by US courts in antitrust cases
- Be familiar with and be able to critique the rules of civil procedure and evidence as they pertain to US antitrust litigation, including rules that relate to economic evidence
- Be able to draw comparisons between, and elicit insights into, competition laws in other key jurisdictions, including Australia and the European Union, from the US experience and approach.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50063 | Competition Law |
Semester 2 (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
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.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class participation (10%)
- 2 hour (plus 30 mins reading time) in-class examination (50%) (limited open book exam; printed materials and notes only)
- Take-home examination (5,000 - 6,000 words) (40%)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Dates & times
Not available in 2018
Time commitment details
136-150 hours 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.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022