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This subject will be delivered online in 2020 over the scheduled dates.
This subject will provide students with international and comparative insights into a field of growing significance to practitioners in Australia and the region. It considers competition law questions in a broad context. It will examine the major systems of competition law enforcement that have been adopted by most countries in the world and their major differences, and how they compare to the Australian system. It will also consider the global competition law system, including the effects of national law and enforcement on other countries as well as the justifications and costs of a variety of international enforcement and harmonisation attempts which are underway. A special focus will also be given to the unique challenges faced by small economies in applying their competition laws in international markets. Recognition of such issues is important for any lawyer or scholar who wishes to apply competition law in a globalised world.
This subject is led by one of the world’s competition law experts, with particular expertise in small and developing jurisdictions and in international competition law.
Principal topics include:
- Comparative analysis of the goals of competition laws
- The role of national competition authorities and the impact structural choice has on competition law enforcement
- Comparative analysis of different approaches to cartels and price-fixing, abuse of dominance, and mergers
- Effective competition law for small economies
- The effects of the level of development on optimal rules
- Jurisdiction and extra-territoriality
- Bilateral and international cooperation in competition law
- The impact of regional trade agreements on competition regimes and enforcement
- Challenges in a world without trade barriers
Intended learning outcomes
A student who has successfully completed this subject should:
- Have an advanced and integrated understanding of the similarities and differences between competition law systems around the world, mostly those of the United States and the European Union, and how they compare to the Australian system
- Be able to critically examine, analyse, interpret and assess the effects of such different systems on global and national welfare
- Have an advanced and integrated understanding of the unique challenges faced by a small economy such as Australia in applying its competition laws in global markets, and the tools used by small economies to deal with such challenges
- Have a sophisticated appreciation of the bases for and the limitations of extra-territorial application of competition law
- Have an advanced understanding of the current global antitrust legal system, and have the cognitive and technical skills to generate critical and creative ideas relating to the benefits and costs of a variety of international enforcement and harmonisation proposals that are under consideration or are being implemented
- Have the communication skills to clearly articulate and convey complex information regarding various aspects of international and comparative competition law to specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of international and comparative competition law
Last updated: 11 February 2021