Competition Law
|LLM
|Part Time, Full Time
| Admissions status: OpenYou need to study full- or half-modules (see module list below) worth 180 credits.
Each module is worth 40 credits (with half modules worth 20 credits). You will need to select modules of your choice that adds up to 120 credits in total.
To achieve the additional 60 credits you need to choose between:
- Writing a 15,000 word dissertation
- Writing a 7,500 word research essay related to a taught module and then study another half-module of your choice.
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.
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.
NB it cannot be guaranteed that all modules are offered in any particular academic year.
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.
Module code: 7FFLA593
Credit level: 7
Credit value: 20
Teaching pattern: Weekly two-hour lectures. You are expected to prepare for the lectures in advance and participate actively through discussion and questions. In addition to interactive lectures, there will be three seminars that focus on dealing with complex practical problems in cartel investigations, private enforcement and arbitration.
Assessment: written examination/s
Two-hour open book exam.
Module description
Competition enforcement is an ever-developing and intellectually challenging area. The way in which the law is enforced is crucial to the understanding of how competition policy develops. In practice, no competition lawyer can afford to ignore the dynamics of competition enforcement and its procedural dimension.
In the European Union, enforcement by the European Commission and national competition authorities (public enforcement) changed significantly in 2004 with the so-called “modernisation” of EU competition law. Furthermore, competition enforcement has moved away from a purely administrative model: alongside public enforcement, private enforcement is now a major feature of the system and in some Member States, including the United Kingdom, certain competition infringements are also a criminal offence. In addition, competition enforcement has a global dimension. Public enforcement, which may also include criminal enforcement, and private litigation often involve more than one jurisdiction and, in the major cases, non-EU jurisdictions such as, for example, the United States will almost invariably be relevant. New strategies are needed to deal with the interaction of public and private enforcement in a multi-jurisdictional environment.
The aim of this module is to give you the knowledge and the analytical tools necessary to understand the dynamics of public and private enforcement in the European Union and in the global context, to deal with the complex procedural problems that arise in practice, and to form your own view on the policies and enforcement models involved.
The module is taught by weekly two-hour lectures. You are expected to prepare for the lectures in advance and participate actively through discussion and questions. In addition to interactive lectures, there will be three seminars that focus on dealing with complex practical problems in cartel investigations, private enforcement and arbitration.
No prior knowledge of the subject is required although it is expected that students taking this module will do so alongside one or more substantive law courses offered on the LLM in Competition Law.
The module is assessed by a two-hour open book exam at the end of the year. You will receive one piece of individual written feedback on an exam-style question during the course of the module. A revision class will be given before the exam.
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). 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 the subject would 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).
Module code: TBC
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.
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.
Module code: TBC
Credit level: 7
Credit value: 20
Semester: Semester 2 (spring)
Teaching pattern: Weekly two-hour lecture.
Indicative/suggested introductory reading: The Basic Economics of Merger Analysis by David Elliott and Eric Morrison (posted on course KEATS page).
Assessment: written examination/s
A two-hour closed book examination.
Module description
Antitrust policy toward mergers has been the area of antitrust which has seen some of the most significant advances in both the underlying economic tools and the application of economics to enforcement practice throughout the world. Merger analysis is the most significant area of work for competition practitioners.
This module seeks to reflect both the advances in theory underlying the analysis of horizontal, vertical and conglomerate mergers as well as the empirical techniques being used to consider the effects of such mergers. This is an advanced competition law module, which is ideal for anyone who is already taking the full option in the Economics of Competition law.
The module is taught through a series of two-hour lecturers, given by David Elliott and Eric Morrison. The lectures will be illustrated with cases examples, mainly from Europe and the USA. Questions and discussion during the lectures will be actively encouraged. The slides for each lecture will include a guide to the key reading whilst the module outline provides references for further reading. The slides for the course will be posted in advance on the KEATS course page.
You can also submit one essay which will be returned with comments on how it might be improved.
A two-hour examination will be set, requiring you to answer 2 questions. The examination is closed-book.
Module code: TBC
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.
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.
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.
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
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
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.
