Postgraduate taught 

International Commercial Law LLM

Advanced International Competition Law LAW5038

  • Academic Session: 2023-24
  • School: School of Law
  • Credits: 20
  • Level: Level 5 (SCQF level 11)
  • Typically Offered: Semester 2
  • Available to Visiting Students: No

Short Description

This course follows on from International Competition Law, which is a pre-requisite for this course unless the applicant can demonstrate significant prior experience of competition law, either via academic study or via practice. The course focuses on a number of contentious and complex issues, both structural (eg, challenges made to competition law in the face of current political and economic debates) and substantive (eg, the role of competition law in relation to algorithmic pricing). Particular attention is paid to the 'new' digital economy, and to the relationship of competition law with intellectual property or corporate governance. Students on the programme International Competition Law and Policy are advised strongly to take this course.

Timetable

10 x 2 hour seminars in semesters 2.

Excluded Courses

None

Co-requisites

International Competition Law (LAW5037)

Assessment

The course is assessed by an essay of 1500 words (25%) and a 2 hour final examination (75%).

Main Assessment In: April/May

Course Aims

The course aims to build on previous knowledge of the EU and US competition law systems and to increase the understanding of substantive issues in the competition laws of the European Union and the United States, and to develop transferable skills. In particular the course aims to:

■ Encourage the critical analysis of competition law and its goals in context of recent policy developments and debates

■ Explain the economic and legal issues that arise in applying competition law in the new digital economy; in relation to collusion/agreements and in relation to conduct by undertakings with market power

■ Develop an understanding of how competition law may interact with intellectual property, and with corporate governance

■ Encourage in depth and independent study and learning

■ Further develop problem-solving skills and research skills.

Intended Learning Outcomes of Course

By the end of the course students should:

 

1. Have a critical understanding of the structural challenges to competition policy raised by recent policy developments and debates.

2. Have a critical understanding of the economic characteristics of digital markets; and how this impacts the application of EU and US law towards agreements.

3. Have a critical understanding of the economic characteristics of digital markets; and how this impacts the application of EU and US law towards conduct by undertakings with market power.

4. Have a critical understanding of how intellectual property law and competition law interact in relation to agreements and market power.

5. Have a critical understanding of the interaction between competition law and corporate governance.

6. Be able to use research methods on competition law efficiently.

7. Be able to deconstruct and solve a hypothetical legal problem related to competition law.

8. Be able to explain relevant economic concepts in general terms.

9. 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 summative assessment.