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International Trade and Competition Law (LAWS90095)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

Year of offer2017
Subject levelGraduate coursework
Subject codeLAWS90095
Campus
Parkville
Availability(Quotas apply)
May
FeesSubject EFTSL, Level, Discipline & Census Date

This interdisciplinary subject will examine the relationships between international trade and competition policies from both legal and economic perspectives. The subject will focus on anti-competitive practices of an international scope and how they may be addressed by trade and competition rules. It will canvass the tensions and complementarities between these two areas of policy as well as incorporate general public policy, commercial diplomacy and institutional considerations. In addition, anti-dumping/safeguards law and practices and how they relate to competition law will be taken up and their linkage with market access opportunities explained.

The subject will include a discussion of failures of the multilateral trading system to address international competition law problems, options to regulate competition law in the World Trade Organization and through other means. Contemporary issues driving new initiatives such as the Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership and the Regional Comprehensive Economic Partnership will be discussed.

Dr Qaqaya was the head of the United Nations Conference on Trade and Development (UNCTAD) Competition and Consumer Policies Branch for almost 20 years and has an in-depth knowledge and vast practical experience in advising governments in these fields.

Principal topics include:

  • Introduction to trade and competition policies: key definitions, concepts, contexts and interdependencies
  • Framework for trade liberalisation: a review of trade theories, trade policy, rent seeking, lobbies, corruption and incentives
  • Principles of the trading system: most-favoured-nation, non-discrimination, national treatment, prohibition of quantitative restrictions, prohibition of dumping and subsidies, anti-dumping actions and countervailing measures, General System of Preferences (GSP) for developing countries, regional trade arrangements
  • Principles of competition policy: theoretical models vs competition restrictions in real world, including dominance, strategic behaviour, anti-competitive mergers, horizontal and vertical agreements and government restrictions
  • The interface between the competition and trade policies: comparison of analytical approaches used by competition law and trade policy, including in relation to market definition, harm assessment, remedies, sanctions, countervailing and retaliation measures, dispute resolution, arbitration and judicial review.

Learning outcomes

A student who has successfully completed this subject will:

  • Have a sophisticated capacity to recognise and articulate the foundational assumptions, central ideas, tensions and complementarities of trade and competition policies
  • Be able to draw from relevant theories, principles, and knowledge from a range disciplines to critically analyse the role of trade and competition policies in making markets work to generate prosperity for consumers and businesses
  • Be able to define and analyse at an advanced level the welfare effects of trade and competition policy instruments within a national market as well as regional free trade areas
  • Be able to develop relevant examples and analyse cases in this area and to communicate the significance of trade and competition questions to a range of audiences
  • Be able to discuss the key issues and trends in international cooperation in handling international trade and cross-border competition issues, as well as the past and present attempts to enhance multilateral and regional cooperation in these areas.

Last updated: 29 April 2017