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Asian Competition Law - LAWS8073 | ||||||||||||||||||||||||||||||||||||||||||||||||||
Description This thematic course will explore developments in competition law in established (likely to be Japan and Korea) and new (China, Hong Kong, Singapore) jurisdictions using Australian, US and EU law as background. Reference will also be made to the laws of Indonesia and Thailand. The focus areas will be competition policy, the economic and political background to each jurisdiction, and the major established competition law areas: arrangements between competitors and others; abuse of dominance and the like; mergers and acquisitions; and enforcement and remedies. The course will consider the issues of exemptions and application to the activities of governments and their businesses; issues of economic nationalism and the “national interest”; and other topical issues. It will also deal with moves to uniformity of competition laws internationally.
LLM Specialisation Recommended Prior Knowledge None
Course Objectives A candidate who has successfully completed this course should be able to:
• understand the theoretical background to competition law and the political and economic context of the chosen jurisdictions • understand any relevant exemptions, and particularly the treatment of government and its businesses within a jurisdiction • distinguish between the way the individual jurisdictions deal with the common areas of antitrust prohibition • be aware of the strengths and weaknesses of the enforcement methodologies of the various jurisdictions • know the remedies available to those affected by the illegal conduct Main Topics
Assessment 20% class participation
10% essay plan 70% essay Course Texts Prescribed Mark Williams, Competition law in Hong Kong China and Taiwan 2002 Cambridge University Press
S.G Corones, Australian Competition Law 2007 Thomson Einer Elhauge and Damien Gerardin, Global Competition Law and Economics 2007 Hart Publishing Resources Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.
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