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Intl and Comparative Competition Law (LAWS70301)
Graduate coursework level 7Points: 12.5Not available in 2024
Overview
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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: 30 January 2024
Eligibility and requirements
Prerequisites
None
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 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.
Last updated: 30 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Take-home examination
| 23 - 26 October | 90% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
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.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Master of Public and International Law - Links to additional information
- 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 30 January 2024