＜概要/Course Content Summary＞
(This course will be taught in English, and required readings will be in English.) While competition law has had a limited international dimension throughout the 20th century, the exponential growth of competition law regimes since the 1990s has transformed competition law into a de facto global arena that both shapes, and is shaped by, transnational business practices. Lawyers who practice in the field of global commerce are commonly faced with issues directly or indirectly implicate the competition law of not just a single country, but of several jurisdictions. This course takes as a starting point the proposition that legal education in the field of competition law can be usefully informed by a survey of the ongoing “global conversation” among the laws of key jurisdictions which evolve with differences but in constant mutual dialogue.
In that context, competition laws are developing into a multi-model and multi-speed system of variable geometry. Some of the oldest regimes, such as those of the United States, Japan and Germany, reflect different variations of legal genealogies and exemplify nation-centered approaches to the development of competition law and policy. Other notable variations with both universal and unique features have emerged over time, for example in Australia, South Africa and China. Instead of one or two competition law models reaching a “tipping point” and achieving dominance, the proliferation of competition laws around the world seems to be generating impressive diversity, with instances of experimentation and hybridization in different jurisdictions.
National competition law systems, however, co-exist with more complicated regional configurations. The most famous regional competition law system is that of the European Union, and it provides sophisticated mechanisms to cope with the complexities of cross-border competition problems. The EU model has been held up as a desirable template for regional groups of States seeking to maximize gains from trade. However, the results of other attempts to develop competition law as a means of regional economic integration are ambiguous. A notable example is the Association of Southeast Asian Nations (ASEAN), where the variable speeds and capacities of the competition law regimes of ASEAN’s Member States, as well as ASEAN’s basic institutions, present significant difficulties that may run counter to the project of regionalization.
This short comparative course will survey the above national and supranational systems in order to illustrate the dynamism and variety that makes the global constellation of competition laws both fascinating and problematic.
＜到達目標/Goals,Aims＞
By the end of the course, students will be able to:
Apply knowledge of, and understanding of, the competition law regimes of significant foreign jurisdictions. Students will have a strong understanding of similarities and contrasts between different jurisdictions, and of global trends.
Analyse and discuss complex concepts and theories in relation to the legal treatment of restrictive business practices under the laws of key jurisdictions.
Use cognitive, technical and creative skills to generate and evaluate ideas and concepts relevant to competition law,
To develop awareness of the role of law in regulating market structures and commercial transactions.
＜授業計画/Schedule＞
（実施回/
Week）
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（内容/
Contents）
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（授業時間外の学習/
Assignments）
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（実施回/ Week）
1
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（内容/ Contents）
Global review of the history and objectives of competition laws
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（授業時間外の学習/ Assignments）
No assigned reading for the first lecture.
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（実施回/ Week）
2
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（内容/ Contents）
Cartels: ‘Corporate delinquency’ and its control
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（授業時間外の学習/ Assignments）
E. Fox and D. Crane, Global Issues in Antitrust and Competition Law pp. 7-28 (to the top of page 28). 3 hours of preparation
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（実施回/ Week）
3
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（内容/ Contents）
Cartels, continued
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（授業時間外の学習/ Assignments）
C. Beaton-Wells, Criminal Sanctions for Cartel Conduct, 13 JCLE 125-149 (2017). 3 hours of preparation
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（実施回/ Week）
4
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（内容/ Contents）
Abuse of Dominance and Monopolization (sub-topic 1): Pricing and exclusive dealing
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（授業時間外の学習/ Assignments）
Fox and Crane, cited above, pp. 103-109 (to the top of page 109);
Fox and Crane, pp. 122-129;
ECJ, Intel v Commission (2017), paragraphs 6-17 and 108-150. 3 hours of preparation
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（実施回/ Week）
5
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（内容/ Contents）
Abuse of Dominance, continued
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（授業時間外の学習/ Assignments）
No additional reading: We will continue discussing the reading materials from class 4. 1-2 hours of review or previous materials.
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（実施回/ Week）
6
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（内容/ Contents）
Abuse of Dominance and Monopolization (sub-topic 2): Refusals to deal and margin squeeze
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（授業時間外の学習/ Assignments）
U.S.S.C., Verizon v Trinko (2004);
ECJ, IMS Health (2004);
Fox and Crane, pp. 132-143 (Microsoft case). 3-5 hours of preparation
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（実施回/ Week）
7
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（内容/ Contents）
Cartels and abuse of dominance in developing countries
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（授業時間外の学習/ Assignments）
Frederic Jenny, Export Cartels in Primary Products (only pp. 107-124). 2-3 hours of preparation
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（実施回/ Week）
8
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（内容/ Contents）
Cartels and abuse of dominance in developing countries, continued
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（授業時間外の学習/ Assignments）
No additional reading. 1-2 hours of review of previous materials.
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（実施回/ Week）
9
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（内容/ Contents）
Merger control
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（授業時間外の学習/ Assignments）
Fox and Crane, pp. 342-352; J. Clarke, Substantive Merger Law, 2014, pp. 50-78. 3-5 hours of preparation
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（実施回/ Week）
10
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（内容/ Contents）
Merger control, continued
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（授業時間外の学習/ Assignments）
A. Merret: Metcash and the merger counterfactual, 2013, pp. 1-6. 2 hours for reading and review of previous material
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（実施回/ Week）
11
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（内容/ Contents）
ASEAN and its Member States
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（授業時間外の学習/ Assignments）
E. Fox, Can ASEAN Achieve a Single Market, 2018, 140-164. 3 hours of preparation
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（実施回/ Week）
12
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（内容/ Contents）
Competition, Economic Growth & Development, and Socio-Economic Inequality
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（授業時間外の学習/ Assignments）
D. Lewis, Competition and Poverty Reduction, 2013, pp. 355-366;
E. Fox, Inequality from the US to South Africa, 2017, pp. 1-5. 3 hours of preparation
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（実施回/ Week）
13
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（内容/ Contents）
A Global Lens (sub-topic 1): The BRICS Countries
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（授業時間外の学習/ Assignments）
T. Bonakele, The Case for a BRICS Agenda, 2017, pp. 38-50. 2 hours of reading and review of previous materials
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（実施回/ Week）
14
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（内容/ Contents）
A Global Lens (sub-topic 2): The ICN, Regional Blocs and the Future
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（授業時間外の学習/ Assignments）
O. Budzinski, International Antitrust Institutions, 2014, pp. 7-22. 2 hours of reading and review of previous materials
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（実施回/ Week）
15
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（内容/ Contents）
Review and conclusions
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（授業時間外の学習/ Assignments）
No additional reading. 2 hours of review of previous materials and if desired, preparation of questions to assist comprehension.
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Students are expected to read the assigned reading prior to the lectures, and to be ready to discuss and evaluate those assigned materials.
＜成績評価基準/Evaluation Criteria＞
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Class Participation
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5%
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Contribution to Class
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5%
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Final Exam
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90%
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Positive evaluation will be given according to the following factors: comprehensive identification and discussion of issues; thorough analysis of complex issues; cohesive and persuasive argument, with contrary arguments anticipated where appropriate; thoughtful and critical evaluation of materials; and correct and demonstrated understanding of the law. No student will be penalized for technical flaws in written English, provided the exam answers are reasonably comprehensible. Comments on the final exam will be given in written form to provide feedback to student.
＜テキスト/Textbook＞
No purchase of a textbook will be required. Assigned readings will be distributed by the professor before the course begins.
＜備考/Remarks＞
Face-to-face lectures. Communication with the instructor: The professor will speak with students after class and during office hours. Appointments can be made by e-mailing the professor at: mel.marquis@monash.edu
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