Coronavirus (COVID-19) update

Module SXL-4001:
Competition Law

Module Facts

Run by School of Law

20 Credits or 10 ECTS Credits

Semester 2

Organiser: Dr Wei Shi

Overall aims and purpose

The principal aim of this module is to critically examine the law relating to competition, abuse of a dominant position and mergers in relation to both the UK and EU. It will enable students to develop a sound knowledge of the law and practice relating to the law of competition in its relevant aspects. The module will encourage students to engage in a contextual study of the law in this area and to take a proactive approach to legal learning in relation to competition law. Students who take this module will be encouraged to critically assess competition law by reference to scholarship, research and proposals for reform. In addition, this module will encourage independent and original thought. This module presents students with an opportunity to develop advanced research skills and professional communication skills.

Course content

The module will consist of seminars relating to the various schools of competition analysis (e.g. the Chicago School, post-Chicago etc.) theory of competition, comparative competition law regimes, UK competition law (in particular, sections 2 and 18 of the Competition Act 1998) , EU competition law (in particular, Articles 101 and 102 TFEU) and relevant aspects of U.S. Antitrust Law (e.g. the Sherman Act, 1890 and the Rule of Reason). The seminars will cover the following important issues within Competition Law: the notion of an undertaking; agreements, decisions and concerted practices which restrict competition; the notion of ‘appreciable effect on competition’; restrictive practices, vertical and horizontal restraints, abuse of a dominant position; market definition (product market and geographic market); assessing market power; types of conduct that can be abusive under Art 102 TFEU e.g. predatory pricing, tying & bundling and, refusals to supply; the intersection between Competition Law and Intellectual Property Law; current proposals to reform the UK Competition Law regime; the current Technology Transfer Block Exemption Regulation and, finally, analysis of the EU Merger Control Regulation i.e. Regulation (EC) No 139/2004 on the control of concentrations between undertakings.

Assessment Criteria

threshold

Displays ability within a specialized area of knowledge and skills, employing appropriate skills to conduct research. Work at threshold quality demonstrates an adequate knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, some of which is informed by thinking at the forefront of the academic discipline. Work at this level shows a developing understanding of techniques applicable to the student’s own research. It shows an ability of apply knowledge in an original way, and to use established techniques of research and enquiry to interpret knowledge in the discipline. The conceptual understanding evidenced by the work indicates that the student can evaluate scholarship in the field.

good

Displays accomplished ability within a specialized area of knowledge and skills, employing good quality skills to conduct research. Good work in this module will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at, or informed by thinking at, the forefront of the academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can evaluate advanced scholarship in the discipline. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.

excellent

Displays mastery of a complex and specialized area of knowledge and skills, employing advanced skills to conduct research. Excellent work in this module will contain the qualities recognized in good work, but will show them in a more consistent way, and at all points. It will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at the forefront of this academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research or to advanced scholarship. It shows throughout an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can critically evaluate advanced scholarship in the discipline, and do so in a consistent manner. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.

Learning outcomes

  1. Describe the main rules, principles and policies operating in the relevant areas of competition law and set these in the appropriate context.

  2. Outline the main criticisms and proposals for the reform of the law which have been made in relation to these rules, principles and policies.

  3. Critically identify and analyse the relevant legislation and case law governing the law of competition.

  4. Demonstrate a critical understanding of the law of competition.

  5. Demonstrate a critical understanding of the application of the law to complex fact problems relating to competition law issues.

  6. Show an ability to critically evaluate and analyse the law relating to competition.

  7. Critically formulate, investigate and refine suggestions for the development and/or reform of the existing law.

Assessment Methods

Type Name Description Weight
Written assignment 100

Teaching and Learning Strategy

Hours
Private study 178
Seminar

This module will consist of 11 two-hour seminars. For each seminar students will be expected to have prepared essential reading together with either preparation of problem questions, for which they will be expected to prepare brief outline answers which will enable them to participate in discussion of the seminar questions or alternatively to prepare short individual preparations. Other forms of teaching exercises, such as team preparations, may be used from time to time.

22

Transferable skills

  • Literacy - Proficiency in reading and writing through a variety of media
  • Computer Literacy - Proficiency in using a varied range of computer software
  • Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
  • Exploring - Able to investigate, research and consider alternatives
  • Information retrieval - Able to access different and multiple sources of information
  • Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
  • Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
  • Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
  • Teamwork - Able to constructively cooperate with others on a common task, and/or be part of a day-to-day working team
  • Management - Able to utilise, coordinate and control resources (human, physical and/or financial)
  • Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
  • Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others

Subject specific skills

  • demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
  • demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
  • present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
  • present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
  • present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
  • present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
  • Students will acquire knowledge and understanding of advanced level theory containing the ongoing evolution of Intellectual Property Law and its response to industrial and commercial innovation. Students will acquire critical awareness of current problems and/or new insights, informed by the latest literature, international legislation, international conventions, EU Law, and academic literature and international case law.
  • Students will acquire knowledge and understanding of basic principles, advanced level theories and explore the many traditional and contemporary challenges in International Law. They will receive a balanced education in the relevant law, theory, politics and practice.
  • Students will also acquire expertise within the particular programme on which they are enrolled. Careful guidance over optional module choices and close supervision of dissertations will ensure that the students fully develop expertise in the area of interest.
  • Students will be taught through a range of methods, balancing theory and practice, and aiming at developing critical thinkers able to respond to the intellectual and professional challenges facing contemporary International Lawyers.
  • write sustained critical expositions of any given area of the legal subjects studied and present the findings clearly, logically and coherently;
  • write sustained critical expositions of the legal subjects studied in International, Commercial and Business Law and present the findings clearly, logically and coherently;

Resources

Courses including this module

Optional in courses: