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Course

Asian Competition Law - JURD7473

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Excluded: LAWS8073

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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
This course is taught by Deborah Healey with Professor Mark Williams of Hong Kong and Visiting Professorial Fellow May Fong Cheong (formerly of the University of Malaya).

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.
Columns

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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