LWMTCP-International and Comparative Competition law and Policy
Module Provider: School of Law
Number of credits: 10 [5 ECTS credits]
Terms in which taught: Spring term module
Co-requisites:
Module Convenor: Dr Despoina Mantzari
Email: d.mantzari@reading.ac.uk
Competition law regimes have proliferated in recent years around the world. More than 120 jurisdictions have now enacted competition law statutes. The module will explore the main challenges posed by this increased globalisation and expansion of competition law. Instead of focusing on a particular regime, the module will examine the substantive principles governing competition law enforcement in a global context with the aim to assess how conflicts between competition law systems are resolved. In particular, the course will explore the process of internationalisation of competition law and policy, the interaction between trade and competition, the interface between competition and industrial policy considerations, the competition rules of developing countries and the challenges for competition law enforcement in a multi-jurisdictional environment. The course will rely on case studies drawn from, amongst others, the EU, US, Chinese, ASEAN competition law regimes as well as some selected jurisdictions in Latin America (Argentina, Brazil).
This module aims to provide students with advanced knowledge of the substantive principles governing competition law and policy in a global economy in order to assess how conflicts between competition law systems are resolved. In particular, the module aims to enable students to appreciate and critically assess the principles of optimal enforcement of competition law in a global context, the challenges that arise in the extraterritorial application of competition law and its interaction with trade, industrial policy considerations and the State. The module takes a practical approach with a number of case studies and always with an eye to real world implications of case law and doctrine.
On completion of the module, students will be expected to be able to:
-Appreciate the process of internationalisation and the role of international organisations and bodies in the area of competition law
-Analyse the way international cartels are prosecuted
-Identify and critically assess the challenges that arise in the extraterritorial application of competition law
-Identify and evaluate the challenges that arise in multi-jurisdictional enforcement of competition law
-Evaluate the interaction between trade and competition
-Evaluate the interaction between competition and industrial policy considerations
-Identify and critically evaluate state anticompetitive practices in a comparative perspective
In addition to those listed in the School's 'core skills statement' the module will encourage the development of:
-High-level oral communication skills through reflective, analytical class discussion
-High-level writing skills through close and critical analysis of both primary and secondary source material
-An ability to apply theoretical and contextual knowledge to practical problems that face people working in the field
-A sophisticated appreciation of the inter-play between law and economics and institutions in the context of global competition law and policy
The topics that will be discussed may include:
1)Optimal Enforcement in a Global Context I: The Case of International Cartels
2)Optimal Enforcement in a Global Context II: The Case of Exclusionary Anti-Competitive Practices in a Comparative Perspective
3)Competition Law vs. Industrial Policy Considerations: the Case of International Mergers
4)The Interaction between State Conduct and Competition:State Anticompetitive Practices in a comparative perspective
5)Challenges in the Extraterritorial Application of Competition Law
6)The Interaction between Competition Law and Trade:the Case of the ASEAN economies
Teaching in this module is designed to provide students with a range of resources on which they can draw in their learning. The main elements are:
- A list of required and recommended readings, with notes and questions that will be used to guide class discussion and reflection.
- 6 Seminars in the Spring term. Seminars are discussion-based classes
- Assessed work that will be used to develop students' skills and knowledge
- An electronic discussion board will be available for students enrolled in this module.
Leading practitioners/competition authority officials specialising in the enforcement of competition law will be invited as guest lecturers. Students are encouraged to actively engage with the issues being addressed.
Seminars 12
Guided independent study 88
Total hours by term 100.00
Written assignment including essay 100
1 assessed essay of 8 pages (formatted in accordance with the School of Law's Assessed Work Rules)
•1 optional non-assessed essay of 5 pages (formatted in accordance with the School of Law's Assessed Work Rules)
•Presentations in class
Penalties for late submission on this module are in accordance with the University policy.
Penalties for late submission on this module are in accordance with the University policy. Please refer to page 5 of the Postgraduate Guide to Assessment for further information: http://www.reading.ac.uk/internal/exams/student/exa-guidePG.aspx
50% overall
See School of Law PGT Programme Handbook
Required text books