Competition Law

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LLM

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Part Time, Full Time

| Admissions status: Open
STRUCTURE OVERVIEW
Core programme content

You may choose to study one of our six specialist LLMs or create a unique programme tailored to your areas of interest. At the start of the semester you will have the opportunity to attend taster lectures and to speak to module leaders before you make a decision on whether to undertake a specialist or tailored LLM.

For all options, you will need to study full or half-modules that add up to a total of 180 credits. A list of all modules is shown below. Each module is worth 40 credits (with half modules worth 20 credits). You will need to select modules of your choice that add up to 120 credits in total.

To achieve the additional 60 credits you need to choose between guided LLM research options, which include a longer dissertation or shorter research essay requirement.


The modules listed below are those related specifically to the LLM in Competition Law pathway. The general Master of Laws entry lists all available LLM modules.


FORMAT AND ASSESSMENT

In the first and second semester you study your selection of taught modules (half and full). These are in most cases assessed in the third semester (May/June) by written examination, or in some cases by the submission of an assessed essay. Please see further details for each individual module in the module list below.

Dissertation or research essays must be submitted in September, after the May/June examinations.



MODULES
More information on typical programme modules.
NB it cannot be guaranteed that all modules are offered in any particular academic year.


Teaching staff: Dr Chris Townley
Module code: 7FFLA566
Credit level: 7
Credit value: 20 credits
Teaching pattern: 

Weekly two-hour seminar.

Indicative/suggested reading: Townley, Article 81 EC and Public Policy (2009) Hart Publishing,Oxford.


Assessment:  written examination/s 
Two-hour exam.

Module description

Most lawyers and competition authorities agree that the sole goal of Articles 101 and 102 TFEU is, and should be, consumer welfare; yet, many EU Courtjudgments suggest that other public policy goals are also relevant. Reflecting Dr Townley's book on the subject, the module considers the arguments for and against the incorporation of public policy goals (and why this matters to the outcome of cases); the state of the existing case law; and how public policy goals should best be incorporated in Article 101 TFEU, if they are relevant there.

The module is taught through a series of two-hour seminars, given by Chris Townley. There is a high degree of student participation in the classes. The module outline provides an array of references for further reading as well as sample questions for us all to ponder before each class. Students can also submit two essays which Chris will mark, grade and return with comments on how they might be improved. This should prove particularly useful for those not used to being examined in the UK system.

It is vital that students read in depth and understand the text and cases set as part of the seminar reading. This is an advanced competition law module, which is ideal for anyone with a good knowledge of European competition law, or those who plan to take one of the other competition law modules during their LLM, please see below for links to these modules.

A 2-hour examination will be set, requiring the student to answer 2 questions. The examination is closed-book. There will be ample opportunity to answer exam-style questions throughout the course.

Teaching staff: Peter Alexiadis (Gibson, Dunn and Crutcher) and Dr Chris Townley, assisted by a team of guest lecturers.
Module code: 7FFLA007
Credit level: 7
Credit value: 40
Semester:  Full-year 
Assessment:  written examination/s 
Three-hour exam.

Module description

The European Union has taken, and continues to take, significant measures designed to liberalise certain network-based sectors. In opening up those sectors to greater competition, the European Commission has delegated a wide range of regulatory powers to National Regulatory Authorities, who work closely with National Competition Authorities in order to achieve the optimum competitive balance most likely to be able to deliver consumer welfare. That balance is often very difficult to manage, especially the delicate matters of economic judgement that need to be made in relation to the legality of particular practices and the strategically important political initiatives that are undertaken in the affected sectors which can distort the competitive process between Member States.

The module takes an inter-disciplinary approach in exploring how the balance between law and economics on the one hand, and ex post and ex ante rules on the other, is struck, both at the theoretical level and in its practical application across key sectors. You explore legal, economic and public policy principles that affect regulated sectors, and examine the application of those principles to specific sectors such as electronic communications, media, air transport and energy (gas and electricity). In addition, specialist subjects such as financial services, water and postal services are also often considered by guest lecturers.

Recent Article 102 TFEU case-law is particularly relevant here, as are a range of Sector Enquiries that have been conducted by the European Commission (often reflected in public consultations run at Member State level). Moreover, a growing body of administrative practice in the field of merger control explores how behavioural remedies can be applied in connection with mergers in the affected sectors, and the appropriate regulatory institutions that can best assure their proper implementation.

The object of the module is to prepare students for the sorts of issues likely to arise in their home jurisdictions and at Community level in these areas. Most importantly, there will be an emphasis on the evolutionary aspects of policymaking and competition law enforcement in these sectors, given the varying ownership structures and rules in different jurisdictions. As this is an advanced module, previous knowledge of competition law would clearly be preferred, but is not required.

The module is taught through lectures, primarily by leading practitioners specialising in the applications of competition law and regulation to particular sectors. The lectures are supplemented by specialist seminars delivered by economists and regulators, each of whom provides an alternative perspective on the problems already covered in the lectures. You are encouraged to actively engage with the issues being addressed.  At least one Moot Court will be held on a topic of interest.

A three-hour written examination will be set. You will be able to answer by focusing on two specific areas of regulation, for example energy or communications regulation (although if students prefer to discuss more areas they can), but must also be able to respond to general analytical questions which cut across various regulated network sectors.

Teaching staff: Andrea Appella
Module code: 7FFLA576
Credit level: 7
Credit value: 20
Assessment:  written examination/s 
Two-hour exam.

Module description

The media industry is fast-moving and undergoing a process of development during the digital age. The objective of this course is to introduce the key features of the media industry and the significant issues arising from the application of competition and IP laws, including the case-law on anti-competitive agreements, abuse of market power and mergers in the industry. In particular, the course will cover:
  • The media industry: key features and market definitions;
  • Sport rights (joint selling and access to sports content);
  • Music: rights-holders, collecting societies and online distribution; industry consolidation; digital rights management;
  • Movies: industry features, theatrical distribution, pay TV, video and online distribution; copyright issues in the digital world.
  • Broadcasting: Pay-TV; public service broadcasting; the regulatory framework; mergers and alliances; Video on Demand (VOD).
  • Publishing, Multi-media and High-Tech: copyright issues raised by digital distribution; mergers.
  • Recent policy developments and challenges/opportunities going forward.

 

Teaching staff: David Elliott and Dr Chris Townley
Module code: 7FFLA009
Credit level: 7
Credit value: 40
Semester:  Full-year 
Teaching pattern: 

Two-hour lecture.

Indicative/suggested reading: Neils, Jenkins and Kavanagh
Economics for Competition Lawyers (Oxford University Press 2011).


Assessment:  written examination/s 

Three-hour exam.



Module description

The overall aim is to ensure that students have an appreciation of the underlying economics employed in anti-trust cases. The emphasis is on the practical application of economics rather than pure theory. On completing the module, you should have an understanding of the economics used in anti-trust case analysis and be aware of both the strengths and weaknesses in its application both theoretically and empirically. A key aim is that you will have an understanding of the economic tools used by anti-trust economists and to be able to engage in a dialogue with these economists.

No previous knowledge of economics is required. Whilst much of the technical economic literature is mathematical, the module will not require an advanced knowledge of mathematics. The approach to formal theory will, as far as possible, be diagrammatical.

Given the extent of the material that needs to be covered, the bulk of the lectures are devoted to formal teaching, however the style will be both informal and interactive, questions are encouraged. The economics will be illustrated by reference to actual cases. By its nature the module proceeds by considering a series of building blocks which together make up the toolkit typically used by economists in anti-trust cases. The slides presented in each seminar will be posted in advance on KEATS (Moodle). In addition, a discussion forum will be set up so that students can ask questions (anonymously if preferred) which will be answered prior to the next seminar and posted on KEATS.

Teaching staff: Sheila Tormey (Fasken Martineau LLP)
Module code: 7FFLA579
Credit level: 7
Credit value: 20
Semester:  Semester 1 (autumn) 
Teaching pattern: The module is taught in weekly two-hour seminars.

There will be reading each week from leading authors Sue Arrowsmith and Peter Trepte, as well as variety of journal articles, particularly those published in the Public Procurement Law Review. In addition, reading will include ECJ and UK case law and European Commission guidance.


Assessment:  written examination/s 
Two-hour exam.

Module description

EU public procurement law has emerged as a major area of practice for EU lawyers, bolstered by the increased use of PFI contracts, the introduction of new enforcement procedures in 2009 and a growing volume of cases before the European and Member State courts. This module offers a comprehensive grounding in the EU regime. It covers:

  • the policy objectives of the EU public procurement law regime and its foundations in the TFEU;
  • the substantive rules relating to entities and contracts covered, award procedures, selection of bidders and contract award criteria;
  • information disclosure requirements, in particular the European courts’ evolving case law and the relationship with the general principle of transparency and Freedom of Information laws;
  • the use of public procurement to further social, policy and environmental objectives; and
  • enforcement mechanisms and practice throughout the EU, including the new Remedies Directive and Article 258 TFEU infraction proceedings.


No previous knowledge of the subject is required.

Teaching staff: Professor Andrea Biondi, Robin Griffith (ex Clifford Chance) & Dr José Luis Buendía Sierra (Garrigues)
Module code: 7FFLA011
Credit level: 7
Credit value: 40
Semester:  Full-year 
Teaching pattern: Weekly two-hour seminar.

Indicative/suggested reading: E. Syczcack, State Aid Handbook, London, Elgar, 2011.


Assessment:  written examination/s 
Three-hour exam.

Module description

The EU regulation of public undertakings and EU state aid law are increasingly important parts of EU competition law. The case law at national and European levels is growing in both number and importance, particularly of late. The reasons for this increasing focus on public intervention in the economy are numerous and varied but they primarily relate to the impact of such intervention on the completion of the internal market and the current liberalization and privatisation processes. The module focuses on the relevant provisions of the Treaty, most notably Articles 86, 87 and 88; analysing them (and the resulting case law/ decisions) through various legal, political and economic prisms. For more details please see the module outline at the bottom of this page. No previous knowledge of the subject is required.

The module is taught in seminars; you are encouraged to actively engage with the issues being addressed.

Teaching staff: David Bailey
Module code: 7FFLA016
Credit level: 7
Credit value: 40
Semester:  Full-year 
Teaching pattern: Weekly two-hour seminars; fortnightly two-hour small-group tutorials.

Indicative/suggested reading: Whish and Bailey Competition Law, 7th edition, OUP.


Assessment:  written examination/s 
Three-hour exam.

Module description

The aim of the module is to teach the basic provisions of EU competition law; to study the law in its economic and market context; and to consider particular business phenomena - distribution agreements, licences of intellectual property rights, cartels, joint ventures etc. - against the backdrop of the EU Treaty generally and Articles 101 and 102 and the EU Merger Regulation in particular. No previous knowledge of the subject is required.

Throughout the academic year there will be a series of tutorials, given by David Bailey, which follow the course of seminars given by Richard Whish. The tutorials are intended to assist your understanding of the subject in general and its practical application to problem questions in particular. A separate tutorials handout will be provided.

The teachers of this module expect a high degree of participation by all students. It is not intended, in general, to provide lectures except where, for particular reasons, it may be helpful to do so. At each seminar, discussion will be encouraged and expected. You are required to have prepared answers to the questions asked at the end of each seminar handout.

Teaching staff: Professor Karen Yeung
Module code: 7FFLA562
Credit level: 7
Credit value: 20

Regulation and governance is of central importance to the emerging shape of the 21st century state. More than two decades of market liberalisation, the search for enhanced economic efficiency and productivity and the associated 'shrinking of the state' have been followed by a more recent renewal of calls to infuse policymaking with a greater dimension of 'social inclusion'.

Regulation, broadly conceived of as purposive efforts to shape social outcomes through intentional direction of social and individual action through standard-setting, monitoring and behaviour modification, has become the prototypical technique for promoting efficiency while safeguarding other shared social and ethical values such as public safety, fairness, cultural diversity and respect for human dignity. Increasing reliance on private and other non-state actors to engage in regulatory activities is often denoted by a shift in favour of 'governance' regimes and systems, rather than through 'government' intervention by a state authority. High quality regulatory and governance regimes are now acknowledged as essential for the effective functioning and legitimacy of public, private and voluntary sector activities at the local, national and global level.

This module is aimed at providing you with a set of general analytical tools, theories and concepts for understanding and critically evaluating regulatory and governance regimes, which may be applied to any domain of social activity, in any jurisdiction. It explores a broad range of conceptual issues and debates that occur within regulatory scholarship and may be easily applied to a wide array of sectors as it will come into light with the study of different theories and positions from different authors. This will enable you to apply those theories in practical matters of regulated sectors. Those conceptual issues are divided into five principal components.

First, we will begin by exploring debates about the nature of regulation, the regulatory state, and the role of law in the regulatory endeavour. Secondly, we examine competing theoretical frameworks that explain the relationship between law, regulation and the various social groups that are affected by regulation: these will include economic approaches, political approaches and what may loosely be described as 'institutionalist' approaches. Thirdly, we will explore different techniques and instruments of regulation, ranging from classical 'command-and-control' regulation through to instruments which rely primarily on other competition, consensus, communication or 'code' (architecture) as the means for regulating social behaviour. Fourthly, we will consider how different enforcement methods and compliance styles operate as an important facet of how regulation works in the practice of regulation. Fifthly, we will consider the issues of legitimacy and accountability that are raised by the different regulatory rationales, techniques and compliance styles studied in the preceding seminars.

The final two seminars will provide concrete case studies from specific policy sectors to illustrate how the analytical constructs and academic debates identified in the preceding seminars play out in concrete contexts.

No previous knowledge of the subject is required. This module will be useful to students from a range of backgrounds, particularly those interested in public policy generally, or in the regulation of particular sectors, such as technology, banking, energy, healthcare and so forth. It encourages you to view the law in a fresh light, drawing upon insights from various social scientific perspectives (including politics, economics and criminology) in order to understand how the law helps to shape public policy outcomes and social behaviour more generally.

The module is taught in seminars in which emphasis is given to active student participation. Assessment is either by way of three-hour closed book examination at the end of the year, or an extended essay combined with a two-hour end-of-year examination. Examples of recent examination papers will be available on the King's School of Law Intranet.

You may also find the following competition modules on the LLM of interest:

Advanced Antitrust: The Objectives of Article 101 TFEU
Competition, Intellectual Property & the Media Industry
Competition Law & Regulated Network Industries
Economics of Competition Law
European Union Competition Law
UK Competition Law
US Antitrust Law
Teaching staff: Professor Karen Yeung
Module code: 7FFLA595
Credit level: 7
Credit value: 20
Semester:  Semester 1 (autumn) 
Assessment:  written examination/s 
Two-hour examination

Module description

Regulation has become a permanent feature of the way in which contemporary democratic economies (including Britain and other European countries) are governed. There are few spheres of economic activity that are not subject to some form of regulatory oversight and control. Daily news programmes rarely pass without some mention of a significant regulatory decision, proposed regulatory reform, or allegations of some regulatory failure or scandal. For lawyers, dealings with regulators and regulatory regimes have become part of the staple diet of their work. Yet the practice of regulation is far from straightforward. Regulatory policy and practice has evolved considerably from its traditional origins in the form of ‘command and control’, accompanied by the growth of specific terminology and concepts that are likely to be unfamiliar to those other than regulatory technocrats. This course provides an opportunity for students to develop an understanding of, and critically to evaluate, the basic tools, techniques and decision-making methodologies that are employed in regulatory design and practice. It will be of interest to both private and public sector lawyers who practice in regulated sectors of the economy, enhancing their understanding of how regulators go about the business of regulatory decision-making.

This module is aimed at providing students with a set of general analytical tools and concepts that may be applied to the regulation of any domain of social activity, in any jurisdiction, in seeking to understand how regulatory authorities pursue the social and/or economic objectives that they are expected to promote. Students will develop an awareness the challenges (of both a principled and practical kind) associated with attempts by regulatory authorities in seeking to promote particular social goals, including an appreciation of the kinds of conflicts and tensions which may arise within, or as a product of, the regulatory process. It will also enable students to undertake a critical appraisal of regulatory institutions, policy and practice, including the role and limits of the law’s contribution to regulation.

First, we will begin by exploring debates about the nature of regulation, the regulatory state, and the role of law in the regulatory endeavour. Secondly, we will explore different techniques and instruments of regulation, ranging from classical 'command-and-control' regulation through to instruments which rely primarily on other competition, consensus, communication or 'code' (architecture) as the means for regulating social behaviour. Thirdly, we will consider so-called ‘new governance’ approaches to regulation and the factors which may influence the choice of regulatory instrument. Fourthly, we examine issues of enforcement and compliance styles, including the role of the civil and criminal law, the role of private enforcement, and explore the way in which regulatory enforcement is carried out ‘at the sharp end’ in the practice of regulatory enforcement officials.

No previous knowledge of the subject is required. This module will be useful to students from a range of backgrounds (including but not limited to those with an interest in competition and utilities regulation) particularly those interested in public policy generally, or in the regulation of particular sectors, such as technology, banking, energy, healthcare and so forth. It encourages students to view the law in a fresh light, drawing upon insights from various social scientific perspectives (including politics, economics and criminology) in order to understand how the law helps to shape public policy outcomes and social behaviour more generally.

Teaching staff: David Bailey
Module code: 7FFLA059
Credit level: 7
Credit value: 40
Semester:  Full-year 

This module is concerned with the control of private economic power through the competition laws in the UK. Those laws are contained primarily in the Competition Act 1998 (as amended) and the Enterprise Act 2002. The landscape for competition law enforcement in the United Kingdom has changed out of all recognition in the last few years. Articles 101 and 102 of the EU Treaty are directly applicable in the UK, and, in certain circumstances, the domestic authorities and national courts are obliged to apply them. However, there is also a substantial body of competition case-law and decisional practice in the UK.

The purpose of this module is to consider the rationale, scope and application of the Chapter I and II prohibitions in the Competition Act 1998 (which broadly correspond to the Articles 101 and 102 EU). It will also examine distinct features of UK competition law, including concurrent enforcement by sector-specific regulators of the Competition Act 1998 and market investigation references, the domestic merger control regime, super-complaints, and the criminal cartel offence under the Enterprise Act.

No previous knowledge of the subject is required.

The module is taught in weekly seminars; you are encouraged to actively engage with the issues being addressed.

There is a three and a quarter hour open book examination at the end of the year. Examples of recent examination papers will be available on King’s School of Law Intranet.

You may also find the following competition modules on the LLM of interest:

Advanced Antitrust: The Objectives of Article 101 TFEU
Competition, Intellectual Property and the Media Industry
Competition Law & Regulated Network Industries
Economics of Competition Law
European Union Competition Law
Regulation & Governance
US Antitrust Law
Teaching staff: Professor Alison Jones
Module code: 7FFLA061
Credit level: 7
Credit value: 20
Semester:  Semester 1 (autumn) 
Teaching pattern: Weekly two-hour seminar.

Indicative reading: Reading from core texts; Gellhorn, Kovacic and Calkins Antitrust Law and Economics in a Nutshell (5th edn, Thomson West 2004) and either Fox, Sullivan and Peritz Cases and Materials on United States Antitrust in Global Context (3rd ed, Thomson West, 2012) or Gavil, Kovacic, Baker Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy (Thomson West, 2009), as well as articles and cases in advance of each seminar.
Assessment:  written examination/s 

Two-hour exam.



Module description

This module examines the US federal antitrust laws, the world's oldest sophisticated competition regime. You study the core antitrust provisions, chart the evolution of the law and examine the different factors which have led the law to its current provisions. The module introduces the laws, their objectives and the enforcement system prior to considering how they apply to horizontal and vertical agreements and unilateral conduct. No previous knowledge of the subject is required.

The module is taught in seminars; you are encouraged to actively engage with the issues being addressed.

KEY FACTS
Programme leader/s
Professor Alison Jones
Accreditation
Law Society CPD points
Awarding institution
King's College London
Credit value (UK/ECTS equivalent)
UK 180/ECTS 90
Duration
One year FT, two years to four years PT, September to September.
Location
Strand Campus.
Student destinations
In a competitive world we can give you the competitive edge to take your career to the next level. Thatís why youíll find our LLM programme is supplemented by opportunities to develop your skills and professional networks. The result is that students are presented with a wide range of employment destinations when they leave; from positions at the European Central Bank, European Commission and UN to commercial roles as investment bank analysts, tax or public affairs advisers, as well as careers in the legal profession; accountancy; management consultancy; human rights organisations and other voluntary bodies; academia.
Year of entry 2014
Offered by
Lecture theatre