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LAW46515: INTERNATIONAL PERSPECTIVES IN CARTEL CONTROL

It is possible that changes to modules or programmes might need to be made during the academic year, in response to the impact of Covid-19 and/or any further changes in public health advice.

Type Open
Level 4
Credits 15
Availability Not available in 2023/24
Module Cap None.
Location Durham
Department Law

Prerequisites

  • None.

Corequisites

  • None.

Excluded Combinations of Modules

  • None.

Aims

  • The aim of this module is to provide students with an in-depth understanding of the key policy and legal issues, and contemporary developments in the control of cartels. The module will focus on the economic damage caused by cartel activity and the legal means that Governments world-wide(and in particular, the US, the EU and its Member States and the UK) have chosen in an effort to prevent such activity.
  • The module will introduce students to, among other topics: (1) the economic theory surrounding the harms of cartels, and how legal incentives can be established to prevent such harms; (2) the legal regimes surrounding cartel control; and (3) the interaction of the elements of cartel control regimes.
  • The module will give students the opportunity to engage in current policy debates on cartel control law policy policy and equip them with the knowledge needed to include crucial advice on how the these provisions may affect a given business practice (e.g. how to mitigate the consequences for a client), and to give advice to policymakers in the design and improvement of an anti-cartel regime.
  • The module will enhance study in other areas of commercial law and prepare students for a career in a wide range of global employment destinations, including but not limited to the legal profession, legal practice as in-house counsel and government agencies.

Content

  • The module will feature legal and policy issues in control of cartels. The syllabus will cover the following topics:
  • The nature and harms of cartel activity;
  • The cartel control regimes found globally, with emphasis on those of the US, EU and UK;
  • Public enforcement (administrative and criminal) of cartel control rules;
  • The use of leniency programmes to unearth cartel activity, and the interaction of leniency programmes with other elements of the cartel control regime;
  • The detection of cartels;
  • International cooperation in the enforcement of cartel control law.

Learning Outcomes

Subject-specific Knowledge:

  • Students should be able to:
  • Demonstrate detailed knowledge of basic principles, core policy issues and the interaction of the complex body of rules and case law surrounding cartel control;
  • Understand the key challenges posed in the control of cartels.

Subject-specific Skills:

  • Students should be able to:
  • Critically comment or critique currently debated cartel control issues and related arguments in the academic literature;
  • Identify and critically evaluate the different approaches that transnational institutions and countries have taken in developing their anti-cartel policies and propose acceptable alternatives.

Key Skills:

  • Students should be able to:
  • Demonstrate sophisticated research, analytical and writing skills and ability to think critically;
  • Manage time efficiently and work independently within a limited time frame to complete a specified task.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

  • The teaching will be based on interactive seminars, supported by independent study of reading materials. The seminars will provide a forum for students to gain of subsidies and their control. Students understanding of the topics will be further enhanced through reading for each seminar.
  • The assessment will be in the form of a 3,000-word essay. The essay will test students understanding of the issues and ability to conduct independent research and apply the materials to develop coherent arguments.

Teaching Methods and Learning Hours

ActivityNumberFrequencyDurationTotalMonitored
Seminars8Normally weekly2 hrs16 
Preparation and reading134 
TOTAL150 

Summative Assessment

Component: Summative essayComponent Weighting: 100%
ElementLength / DurationElement WeightingResit Opportunity
summative essay3,000 words100Y

Formative Assessment

Formative assessment will be in the form of an essay of 1,000 words. Following law school policy, each student will receive individual feedback.

More information

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