LAWCOMM 706 : Competition Law and Policy

Law

2020 Semester Two (1205) (30 POINTS)

Course Prescription

Advanced studies in competition law and its application to international transactions and commercial relationships, with comparative study of New Zealand law with that of other countries. Involves individual research resulting in a substantial individual research essay.

Course Overview

This course aims to enable students to critically reflect upon the core principles and policies upon which competition law is based. In particular, to understand how the law governs business practices that may restrict competition in economic markets through private and public enforcement and to analyse how competition law can curb anticompetitive activities and facilitate competition. 

This course covers the substantive issues that form the core competition law, including: market definition and market power; price fixing and other agreements that substantially lessen competition; criminalisation of cartel conduct; taking advantage of market power; and control of business acquisitions.
While the New Zealand competition law is used to anchor the course, the competition laws of Australia, the European Union and the United States will be considered throughout the course. The legal and economic issues considered are similar in most competition law jurisdictions.

A number of digital markets are dominated by a single firm or small group of firms. These markets are important to the economy as a whole and the firms that dominate them are often alleged to have engaged in anticompetitive conduct. Google, Facebook, Apple, Microsoft, Intel and other well-known firms have been subject to enforcement actions in multiple jurisdictions. This year the course will focus on the new challenges for competition law enforcement that digital markets are creating for competition law.

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Understand the fundamental elements of competition law and competition policy analysis. (Capability 1.1, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 5.1, 5.2 and 6.3)
  2. Critically reflect upon the law, economic and legal principles underpinning competition law enforcement (Capability 1.1, 2.1, 2.2, 3.2, 4.1, 5.1 and 6.3)
  3. Become familiar with the core principles of competition law jurisprudence (Capability 1.1, 2.2 and 6.3)
  4. Engage with with the current issues of principle and policy underlying the increasingly transnational application of competition law (Capability 2.2, 2.3, 3.1 and 6.2)
  5. effective written communication and legal research through the completion of a research essay (Capability 2.1, 2.2, 2.3, 4.1, 4.2 and 5.2)
  6. Effective oral communication skills by providing insightful contributions as a part of seminar discussions in the course (Capability 2.3, 4.1 and 4.2)

Assessments

Assessment Type Percentage Classification
Class Participation 10% Individual Coursework
Research Outline 10% Individual Coursework
Research Essay 80% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Class Participation
Research Outline
Research Essay

Class participation

Each student will “lead” a discussion on a particular seminar topic during the semester. Each seminar topic will have a series of readings allocated to it, along with some guided questions. The student(s) nominated to lead the discussion will be asked to be the main contributor and facilitator of class discussion on that particular topic.

Research Outline

The research outline component comprises three elements.

1. Each student must submit a research outline to Canvas by 12 noon on 8 September 2020. The research outline should commence with an abstract that outlines the proposed research question and main thesis of the student’s research essay. The research outline then should provide an outline of the structure of the proposed research essay. This structure should follow Appendix 7 of the New Zealand Style Guide (3rd edition). That is, it should contain Major headings, Minor Headings, Sub-Headings and Paragraph Headings. 

  2. Each student must orally present their research question and main thesis to the rest of the class on 17 September 2020. Each presentation will be no longer than 5 minutes (not including follow-up questions and answers). 

3. Each student must comment on another student’s research outline on Canvas by 12 noon on 20 September 2020. 

Research Essay

Each student is required to submit a research essay of no more than 12,000 words (including an abstract/synopsis of approximately 200 words). 

Learning Resources

Reading Materials
Reading materials will be listed on the student information system Canvas. Students may also be asked to access additional materials via the Internet or in the Davis Law Library. All students are expected to read and study all the assigned reading for each class.

Workload Expectations

There will be 36 contact hours in this course. As a postgraduate course, there is an expectation that you prepare well for each class. The nature of the substantive assessment involving independent research also requires a significant amount of work outside of class. As a general guide, you should expect a workload of six hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 300 hours.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 06/01/2020 09:41 a.m.