This course focuses on the enforcement of the Federal Antitrust Law of the United States and on the enforcement of competition law in the European Union. The course starts with a discussion of the relevant subjects of the law (persons, undertakings, and people), drawing out the implications for enforcement of the different actors. We will work through the roles of public enforcement bodies (such as the Department of Justice, Antitrust Division, the Federal Trade Commission, the European Commission and the authorities of the member states of the EU) and the legal bases of their powers - whether these be by way of civil or criminal enforcement. We will then examine the role of private enforcement and litigation in the US and in the EU, with particular reference to the difficulties in the EU of developing this area of law across 28 member states. Particular attention will be paid to criminal prosecutions, to civil penalties and to leniency programmes which are a distinctive and important feature of competition law enforcement. The course sits within the International Competition Law programme, but is of clear relevance to students of International Commercial Law. If a student is taking the course International Competition Law and Policy this course would serve as a very strong complement.

10 x 2 hour seminars

Wednesdays 13:00 - 15:00 in Semester One

None

None

A written assignment of 1500 words on a set topic to be submitted during the course carrying 25% of the grade for the course. A two-hour unseen exam in respect of which students will be required to answer two questions from a selection carrying 75% of the grade for the course.

The aims of this course are to:

■ Clearly explain the constitution, roles, and powers of public competition law enforcement bodies

■ Clearly explain the routes by which private enforcement of competition law may take place

■ Provide a clear basis on which to understand the consequences of focusing competition law enforcement on corporate bodies or on individuals

■ Provide students with the ability to understand and explore tensions between enforcement powers and the rights of those subject to enforcement

■ Provide students with the tools to analyse relevant legislation, guidelines, cases and decisions

■ Introduce students to the various relevant official materials and to understand these in relation to an overall enforcement hierarchy.

By the end of this course students will be able to:

■ Clearly explain the roles of relevant competition enforcement bodies, and the courts, in competition law enforcement

■ Be able to demonstrate a critical understanding of the different approaches which may be taken to enforcement in respect of corporate bodies and of individual people

■ Be able to analyse and suggest solutions to hypothetical legal scenarios involving competition enforcement

■ Have a critical understanding of the relationship between national and transnational enforcement, and international cooperation

■ Be able to locate and explain relevant materials produced by competition agencies and courts

■ Be able to explain and critique key arguments relating to approaches to competition law enforcement

■ Be able to demonstrate an up to date and accurate knowledge of the relevant law.

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