Global Competition and Litigation (LAWS0066)

The course will examine the role and place of competition law and policy in a global economy.

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It will also cover the different regimes of competition law (developed and developing countries), the interaction between them, the process of internationalization of competition law and policy and the challenges of competition law enforcement in a multi-jurisdictional environment.

The first part of the course will introduce the students to the EU, US and international rules concerning the resolution of conflicts emerging out of the use of various enforcement mechanisms (public, private, arbitration) in a global context.

The second part of the course will use case studies (from various jurisdictions) in order to illustrate the lessons learnt from the first part of the course and provide students a clear understanding of the anatomy of global competition law dispute resolution as well as a more practical perspective on the topics covered.

Module syllabus

Part I: Resolving conflicts between competition law systems

• Extraterritorial application of competition law
• Limits to national competition law enforcement (conduct affecting exports or foreign commerce, foreign governmental involvement)
• International approaches: Trade, Development and Cooperation between Competition Authorities
• Multi-jurisdictional private enforcement of competition law: comparative perspectives (international litigation in competition law: applicable law, jurisdiction, evidence, execution and recognition of judgments, interaction between public and private remedies)
• Arbitration of global competition law disputes
• Criminal antitrust in a global context
• Private litigation and case resolution tactics in a multi-jurisdictional setting

Part II: Case studies

Recommended materials

• Basedow, J., Francq, S., and Idot, L. ed., (2012). International Antitrust Litigation: Conflict of Laws and Coordination. (Hart Publishing)
• Noonan, C. (2008). The Emerging Principles of International Competition Law. (Oxford University Press)
• Lianos, I. (2018, forthcoming). Competition Law: Procedure & Enforcement. (Oxford University Press)

Module reading lists and other module materials will be provided via online module pages, available at the beginning of term once students have enrolled.

Preliminary reading

• Gerber, D. (2010). Global Competition: Law, Markets & Globalization. (Oxford University Press)

Key information