Postgraduate taught 

Corporate & Financial Law LLM

International Merger Control LAW5046

  • Academic Session: 2021-22
  • School: School of Law
  • Credits: 20
  • Level: Level 5 (SCQF level 11)
  • Typically Offered: Semester 2
  • Available to Visiting Students: No
  • Available to Erasmus Students: No

Short Description

This course focuses on merger control in the United States and the European Union (with some reference to approaches in other regimes). These two key regimes are widely followed as models in other jurisdictions, and demonstrate between them the range of issues and their legal treatment. It deals with the largest commercial transactions, and analyses the regulatory framework within which the competition elements of that transaction are controlled by the law. The course introduces merger policy and relevant economics, the concept of 'merger', transnational jurisdiction, the tests by which mergers are evaluated, and the applicable procedures.

Timetable

10 x 2 hour seminars in semester 2.

Excluded Courses

None

Co-requisites

None

Assessment

The course is assessed by an essay of 2000 words (25%) and a 2 hour final examination (75%).

Main Assessment In: April/May

Course Aims

The course aims to foster an understanding of the key policy, substantive and procedural issues in the application of merger control in key economies. The course will focus on the US, and EU regimes. In particular the course aims to:

■ explore theories and policy options which underpin merger control;

■ enhance knowledge of the approach in the US and in the EU to merger control;

■ explore the tensions at international level in this area, and prospective resolutions to these;

■ explain the relevant tests of a merger's acceptance, and illustrate the application of these tests through relevant guidance, decisions and cases;

■ explain the complex procedural steps applied in merger control, particularly in the introduction of requirements to remedy merger harms;

■ encourage in depth and independent study and learning;

■ develop relevant problem-solving skills;

■ develop relevant research skills.

Intended Learning Outcomes of Course

By the end of the course students should:

1. have a critical understanding of merger control in the US, and in the EU, and be able to apply this in the understanding and critique of other regimes;

2. be able to analyse current issues in merger control, both substantive and procedural;

3. be able to use research methods on merger control law efficiently;

4. be able to deconstruct and solve hypothetical legal problems related to merger control;

5. be better able to construct written and oral legal arguments.

Minimum Requirement for Award of Credits

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.