UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


US ANTITRUST LAW AND EU COMPETITION LAW: A COMPARATIVE PERSPECTIVE (LAWSG098)
Credit value: 30 credits (12 ECTS)
Module Convenor:
Dr Florian Wagner-Von Papp
Prof John Kallaugher (Teaching Fellow)

Intercollegiate teaching: No
Teaching Method: 20 x two-hour seminars
Who may enrol: LLM students
Prerequisites: None
Barred module combinations: None
Core module for specialism: Comparative Law, Competition Law, Law and Economics
Assessment
Practice Assessment: Voluntary practice exam
Assessment method for LLM students: 3-hour unseen written examination
Module Overview

Module summary

This module will examine the fundamental principles of US Antitrust Law and EU Competition Law in a comparative perspective. It is NOT designed for students who are currently enrolled in the full module on EU competition law. It is, however, designed to accommodate students both with and without prior knowledge of EU Competition and/or US Antitrust Law.

The module will examine how the US and the EU legal systems deal with antitrust (competition) law issues, such as monopolization/abuse of a dominant position, hard-core cartels and horizontal cooperation, vertical restraints, mergers, state action, and the interplay between competition law and intellectual property rights. The main objective of the module is to understand the variety of fundamental goals of competition law and how these goals influence the approach to specific issues in the EU and US.

Knowledge of the US and EU approaches is helpful when dealing with competition laws in other jurisdictions for various reasons: (1) Both US and EU competition law have an expansive extraterritorial reach, so that clients may have to consider these competition law regimes regardless of where the transaction takes place; (2) either US or EU competition law, or both together, have influenced most of the competition law regimes all over the world, so that the knowledge about US and EU law may be directly useful in the interpretation of these other competition laws; and (3) even where there is no direct legal transplant from either the US or the EU, the discussion about the fundamental goals of competition law is likely to be helpful in making a case under a foreign competition law.

US Antitrust Law and EU Competition Law have developed in very different environments, and so it is not astonishing that they sometimes arrive at different solutions. However, different solutions may occasionally lead to transatlantic frictions. There has been an on-going process of convergence of the two systems, especially over the course of the last 10 to 15 years. This process of convergence started under the influence of the Chicago School of Antitrust Economics, and then the Post-Chicago School, and was facilitated by transatlantic exchanges of the US and EU enforcers, inter alia, in the International Competition Network (ICN). Nevertheless, the different institutional and historical background may result in persisting differences in the approach to some issues. The module will identify areas of convergence, and areas of persisting differences, and will ask from a policy point of view what the reasons for such persisting differences are, and whether they are persuasive.

Module syllabus

  • Institutional Background in US Antitrust and EU Competition Law
  • Market Definition
  • Dominance
  • Abuse
  • Mergers
  • Horizontal Restraints - naked restraints vs. joint ventures
  • Verticals
  • IP Issues
  • State Action

Recommended materials

Suggested literature (supplementary to the materials distributed in the module):

For a comparative casebook on (mainly) EU Competition and US Antitrust law, see Einer Elhauge & Damien Geradin, Global Competition Law and Economics (2nd edn. Hart 2011).

On US Law, the ‘nutshell’ will give you a good overview over the most important issues: Gellhorn, Kovacic & Calkins Antitrust Law and Economics in a Nutshell (5th edn West 2004). For those of you who want to read about US antitrust law in more depth, one of the possibilities is Hovenkamp Federal Antitrust Policy (4th edn West 2011). For very detailed research on individual questions, you may want to consult the multi-volume work by Phillip E. Areeda & Herbert Hovenkamp. Antitrust law : an analysis of antitrust principles and their application (3rd edn. 2006-).

On EU law, you may want to have a look at different textbooks before deciding which suits you best. Excellent examples are the textbooks by Valentine Korah Introductory Guide to EC Competition Law and Practice (9th edn Hart 2007) or Richard Whish & David Bailey Competition Law (7th edn OUP 2012).

Preliminary reading

Stephen Martin, ‘The Goals of Antitrust and Competition Policy’ in ABA (ed), Issues in Competition Law and Policy (2008) pp. 19 et seq., draft available at
http://docs.lib.purdue.edu/ciberwp/48/

Other information: N/A

Prizes for this module: Yes

1. Val Korah Prize for Excellence in Competition Law (First + Second Prize) - Awarded to the best candidate specialising in competition law and chosen by the Val Korah prize committee.

2. Jevons Institute Prize for Top Competition Law Students - Awarded to LLM candidates who excel in the competition law and economics.



APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now closed.

Information regarding applications for September 2015 will be updated on the website in September 2014.

IMPORTANT NOTICE : Updated 28 May 2014

The Home Office issued an update about the acceptance of ETS tests (including TOEFL). They have now confirmed that Higher Education students applying for a Tier 4 visa may use a TOEFL test taken after 17 April, if a Higher Education Institution is willing to use its academic discretion. For those students entering in September 2014, UCL will continue to accept the TOEFL even if it was taken after 17 April. However, if an applicant still needs to book a test then we recommend that they take an alternative test to TOEFL. Those who have already arranged to take a different test following the previous advice from the Home Office, we encourage you to go ahead with taking the alternative test.

The TOEFL test will continue to be accepted for 2014 entrants who have been asked to take an English language qualification as part of their offer condition, and do not need to apply for a visa to study in the UK.