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Competition and New Technologies (LAWS90046)

Graduate courseworkPoints: 12.5Not available in 2019

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Year of offerNot available in 2019
Subject levelGraduate coursework
Subject codeLAWS90046
FeesSubject EFTSL, Level, Discipline & Census Date

The high-tech sector represents an increasingly important part of the world economy and is challenging the boundaries of orthodox competition law rules and approaches. Many of the most significant cases adjudicated by competition authorities around the world involve high-tech corporations (Microsoft, Intel, Google, Apple, etc). The high-tech industry is highly dynamic and raises particularly complex issues that need to be addressed by competition lawyers. This subject will grapple with these issues at a sophisticated level so that students understand the complex legal and economic challenges raised by the new economy. The lecturer is one of the world’s leading experts in this field. He has been involved in some of the most significant high-tech cases as a partner in international law firms in Europe, as an expert witness in numerous arbitration and litigation proceedings, and as an academic, currently with posts at Tilburg University, George Mason University and University College London.

Principal topics include:

  • The role of innovation as a goal of competition law
  • The influence of dynamic efficiency in competition law rule design and application, including in the areas of market definition, merger review and exemptions
  • The intersection between competition law and intellectual property rights, specifically as it arises in the high-tech sector
  • The intersection between competition law, consumer protection and privacy law, specifically as it arises in the high-tech sector
  • Competition law issues in multi-sided markets, including, for instance, search engines and the internet economy
  • Competition law issues raised by disruptive business models, such as Uber and Airbnb
  • Major cases, including the United States and European Union Microsoft cases, the EU Qualcomm case, the US Apple e-book case and the EU Google case.

Intended learning outcomes

A student who has successfully completed this subject will:

  • Have an advanced understanding of the competition law issues relevant to the high-tech sector
  • Be able to critically analyse and reflect on the role of innovation and dynamic efficiency as a goal of competition law and the trade-offs between different efficiencies
  • Have a sophisticated appreciation of the interface between competition law and intellectual property rights as it relates to the high-tech sector
  • Have had an opportunity to discuss in a systematic and sophisticated way major competition law cases that have arisen in the high-tech sector
  • Be able to assess the types of economic evidence likely to be of assistance in high-tech competition law cases
  • Be able to apply the advanced knowledge that they develop in the subject in the context of problems that arise in legal practice in international competition law cases in the high-tech sector.

Eligibility and requirements





Non-allowed subjects


Recommended background knowledge

It is recommended that students have a basic knowledge of competition law.

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.

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 Student Equity and Disability Support.


Additional details

  • Class participation (10%)
  • Take-home examination (5,000 - 6,000 words) (90%) (13 - 16 December)

A minimum of 75% attendance is a hurdle requirement.

Quotas apply to this subject

Dates & times

Not available in 2019

Additional delivery details

This subject has a quota of 30 students.

Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of places in subjects will be given as follows:

  • To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
  • To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.

Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Further information

Last updated: 1 October 2019