LLM International Business and Commercial Law

Competition law in an international context focuses on the law in a variety of jurisdictions, in particular the European Union and the United States, but also specific jurisdictions such as the UK. It explores the key concepts that animate competition law enforcement worldwide and examines particular business phenomena such as mergers and acquisitions, distribution agreements, cartels, and joint ventures in light of relevant legislation and case law.  The course will reflect upon the substantive competition law principles with a focus on anti-competitive agreements and the abuse of dominance . This involves a consideration of both horizontal and vertical agreements and a range of exploitative and exclusionary behaviours, such as predatory pricing, tying and bundling, margin squeeze and refusals to supply. The course will also provide an insight and an understanding of how economic analysis affects the development and application of competition law. 

Competition law is an exciting area of law. It considers issues which are fascinating to study in a comparative context. It is inter-disciplinary working at the confluence of law and economics and seeks to ensure that businesses do not restrict or distort competition in an increasingly digitised free market economy. Competition law has become increasingly important in a world of shrinking borders and is of major practical importance to businesses and consumers. Competition law is not only a necessity for today's lawyers, but also hard to escape when reading today's newspaper. Think about the European Commission’s recent decision against Apple, the various rulings against Google and other companies such as Intel, Microsoft and AKZO Chemicals. 

Competition law is increasingly evolving not only to meet the demands of the digital economy but also to grapple with public interest considerations of privacy, sustainability and even inequality and human rights. 

This module aims to:  

• develop the necessary knowledge and skills to understand the dynamic of law and economics;  
• develop an understanding of the relationship between the theoretical legal and economic concepts underpinning competition law and the legal mechanisms used to maintain competitive markets;  
• encourage an understanding of the different approaches taken to competition law across a number of jurisdictions;  
• understand the different competition policy goals driving competition law in jurisdictions such as the EU, the UK and the US;  
• develop the students' ability to utilize material from different disciplines and legal systems; and
• introduce students to an inter-disciplinary and comparative analysis.  

Students will be taught through lectures and seminars. E-learning will include the use of the relevant Virtual Learning Environment. Besides posting the lecture handout and lecture notes, the VLE will be used as a forum for discussion of specific topics and posting recent developments.  

This module will build knowledge and understanding in three ways:

• Knowledge of the relationship between competition law and economics;  
• Knowledge of the important policy considerations underpinning competition policy;  
• Knowledge of EU competition law and how it compares with other jurisdictions laws.  

The module builds the following intellectual skills:  

• Ability to use analytical skills to evaluate competition law;  
• Ability to express complex legal and economic concepts in writing;  
• Ability to distinguish anti-competitive behaviour from aggressive competition.  

The module will develop the following practical skills:  

• Knowing when and how to notify a merger to the different competition authorities;  
• Knowing how to apply for leniency in cartel cases;  
• Knowing how to opt for settlement of competition proceedings
• Knowing how to recognize abuse of dominance in a particular the market;  
• Being able to advise clients on competition law issues.  

Students will develop opinion writing and problem-solving skills as they are asked to prepare these for seminars. Students will develop their oral presentation skills as they will be asked questions and may be asked to present cases in class.  

Written Coursework: 3000 words 100% 

A list of potential topics will be provided.  

Core Text: 

Jones, Sufrin and Dunne, EU Competition Law: Texts, Cases & Materials, (8th ed, OUP, 2019) 

Recommended Texts: 

Lianos, Korah, and Siciliani Competition Law:  Analysis, Cases, and Materials (OUP, 2021) 

Whish & Bailey, Competition Law (10th ed Oxford, OUP, 2021)