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Chinese Competition Law and Policy (LAWS90111)
Graduate courseworkPoints: 12.5Not available in 2024
Overview
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The enactment of the Anti-Monopoly Law in China in 2007 was a significant step in China’s transition from a centrally planned economy to a socialist market economy. In a short period of time, China has become a globally important competition law jurisdiction and increasingly crucial area of study and practice for competition lawyers, businesses, and enforcement agencies within and beyond China. This subject will provide students with a specialised, in-depth and practical understanding of the Anti-Monopoly Law, its implementing regulations, and important decisions made by the competition agencies and courts in its legal, economic, regulatory and political contexts. This subject also provides insights into the dynamics of the Chinese legal system and reform more broadly, as competition law in China sits at the intersection of law, economics, business, and politics.
Principal topics include:
- Competition law in the context of China’s reform and opening up
- Prohbitions in the Anti-Monopoly Law: monopoly agreements, abuse of dominance, merger control, and abuse of administrative power
- Chinese competition law and intellectual property
- Chinese competition law and regulated industries
- Chinese competition law and the state
- Institutional, enforcement and procedural issues relating to Chinese competition law
- International dimensions of Chinese competition law.
Intended learning outcomes
A student who has successfully completed this subject should:
- Have specialist knowledge of, and be able to critically examine, analyse, interpret and assess, the legal and economic issues related to competition law in China
- Have an advanced and integrated understanding of the political economy dimensions of competition law in China and the implications for the content and enforcement of the law
- Have a sophisticated understanding of the contemporary and controversial issues relating to Chinese competition law, and have the ability to critically engage with such issues
- Understand and be able to critically evaluate the institutional arrangements underlying competition law in China and their impact on competition law enforcement in China
- Understand the issues that arise in public and private enforcement of competition law in China, including procedural challenges and capacity constraints, and their practical implications
- Appreciate and be able to discuss the comparisons to and influence of competition law norms and experiences of other key jurisdictions (such as the European Union and United States) on Chinese competition law and policy
- Have the cognitive and technical skills to independently critically examine, research, analyse, and reflect upon existing and emerging legal issues relating to Chinese competition law
- Have the communication skills to clearly articulate and convey complex information regarding Chinese competition law to relevant specialist and non-specialist audiences.
Last updated: 30 January 2024
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a relevant Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50063 | Competition Law | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Students will benefit from basic knowledge or background in 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.
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: 30 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Research paper (max 8,000 words) on a topic approved by the subject coordinator
| 13 January 2021 | 90% |
| Hurdle requirement: A minimum of 75% attendance | 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 from Melbourne Law School prior to the pre-teaching period.
- 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