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LL200: Competition Law and Policy: Controlling Private Power

Session: Two
Prerequisites: Introduction to legal methods or equivalent 

Dr Andrew Scott
Dr Orla Lynskey

This course introduces the role of competition law and policy (antitrust) in regulating markets and constraining the development and abuse of private power. The main vehicles for analysis will be the competition laws of the UK and the EC, but the antitrust regime of the United States (and other major jurisdictions where appropriate) will be used to offer comparative insights.

The course will be divided into four parts as follows:

  1. The first part of the course will comprise a detailed analysis of the law relating to the three main areas of competition policy attention: anti-competitive agreements, the abuse of market dominance and mergers.
  2. The second part of the course consists of a general review of the institutions and procedures by which competition laws are enforced in different jurisdictions.
  3. The third part of the course focuses on the regulation of specific business practices, such as cartels, predatory pricing, and essential facilities. It describes each practice, highlights the potential competition concerns arising therefrom, reprises and develops the relevant law, and engages in critical discussion of the current application of law to each area.
  4. The final part of the course will place competition law in a wider policy context. It will consider the overlap, interaction, and friction between competition policy and other policy areas such as innovation, trade and development, media plurality and financial stability.

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Texts

Students are advised to acquire one or other of the following texts:

  • Whish and Bailey (2012) Competition Law (7th ed, Oxford University Press), OR
  • Jones and Sufrin (2010) EC Competition Law: Text, Cases and Materials. (4th ed, Oxford University Press), OR
  • Monti (2007) European Competition Law (Cambridge University Press).

For those students seeking a greater knowledge of the economic underpinnings of competition law, consider Motta (2004) Competition Policy: Theory and Practice (Cambridge University Press) OR Niels, Jenkins and Kavanagh (2011) Economics for Competition Lawyers (Oxford University Press).

A broad range of additional readings will be set in support of lectures, and as preparatory readings for classes.

Lectures: 36 hours    Classes: 12 hours
Assessment: Written work and one written examination

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