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Asian Competition Law - JURD7473
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Excluded: LAWS8073
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

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.

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

  • competition policy
  • economics of competition law
  • political and legal background to the laws in the region’
  • arrangements between competitors and other
  • abuse of the dominance and the like
  • mergers and acquisitions
  • enforcement and remedies
  • state and local monopolies
  • application of the law to government and government businesses
  • economic nationalism and national security

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.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.