• Chinese Competition Law
    • Koguan Law School
    • Credit. 2
    • none
    • Enroll
    • CURRENT
    • Spring , 2015
    • 934
    • Course Description:
    • ( Exchange Programme )
    • This course will provide students with a comprehensive and in-depth understanding of the basics of China’s Anti-Monopoly Law. Key topics discussed in the course include cartels, abusing dominant positions, merger control, public restriction of competition law and their enforcement. Case study will be a major element for this course. Moreover, the comparative element allows students to know not only Chinese law but also antitrust law in the EU and USA.
    • Course Syllabus:
    • After completing the course, students should:
      1.Understand the general principles and methodologies of China’s Anti-monopoly law
      2.Know the basic to approach antitrust cases in China
      3.Have a taste on the competition law in other jurisdictions, such as EU, USA and Hong Kong
    • Schedule:
    • Topics / Credit hours / Teaching methodology / Tasks / Intended learning outcomes / Assessment methods

      1.Introduction to antitrust economics /3 Credit hours/Interactive Teaching/ Pre-class reading and active discussion during class/Understand schools of thoughts on the objectives of antitrust/Active participation and paper exam
      2.Monopoly agreements/3 Credit hours/Interactive Teaching/Pre-class reading and active discussion during class/Know how to analyze horizontal agreements, vertical agreements, concerted practice/Active participation and paper exam
      3.Relevant markets and dominance/3 Credit hours/Interactive Teaching/Pre-class reading and active discussion during class/Comprehend demand and supply substitution, SSNIP test, single dominance, collective dominance/Active participation and paper exam
      4.Abusing dominance/3 Credit hours/Interactive Teaching/Pre-class reading and active discussion during class/Know how to assess cases of excessive pricing, predatory pricing, refusal to deal, bundling, discrimination etc./Active participation and paper exam
      5.Merger control/3 Credit hours/Interactive Teaching/Pre-class reading and active discussion during class/Understand the different approaches to handling horizontal mergers, vertical mergers, remedies/Active participation and paper exam
      6.Administrative monopoly/3 Credit hours/Interactive Teaching/Pre-class reading and active discussion during class/Know the definition of administrative monopoly, and its relationship with sector-specific regulation/Active participation and paper exam
      7.Antitrust procedure law/3 Credit hours/Interactive Teaching/Pre-class reading and active discussion during class/Know competition agencies, antitrust investigation, commitments, leniency, litigation and private litigation/Active participation and paper exam
      8.Antitrust Enforcement: /3 Credit hours/Interactive Teaching/Pre-class reading and active discussion during class/Know the status quo and problems of antitrust enforcement in China/Active participation and paper exam
      9.Guest lecture: e.g. Hong Kong Competition Act/3 Credit hours/Interactive Teaching/ Pre-class reading and active discussion during class/Experience some aspects of Hong Kong Competition law or other aspects of competition law/Active participation and paper exam
      10.Case study 1 /3 Credit hours/Student presentation and discussion/Pre-class reading and active discussion during class/Know how to deal with cases of refusal to deal, collective dominance, bundling/Presentation and discussion
      11.Case study 2: /3 Credit hours/Student presentation and discussion/Pre-class reading and active discussion during class/Know how to deal with cases of price squeeze, exclusive dealing, mergers/Presentation and discussion
  • Reading list
  • Other Materials
  • Discussion
  • Homework download/submit
    • Liyang Hou
    • Associate Professor
    • Read more
    • Male
    • E-mail:
    • liyang.hou@sjtu.edu.cn
    • Profile
    • Liyang Hou is currently Associate Professor of competition law, Deputy Director of the Center for Competition Law and Policy, and Executive Director of the Center for European Law at KoGuan Law School, Shanghai Jiao Tong University (Shanghai). He is a member of the board of editors of the Journal of Civil & Legal Sciences, member of Academic Society for Competition Law, member of the Pacific Telecommunications Council, and member of Asian Competition Forum. His research crosses over a number of domains, including competition law, telecommunications regulation, economic analysis of law and comparative law. He has published 4 books and about 30 articles in international renowned journals.
  • Prerequisite Course:

    N/A

  • Textbooks:

    1. Harris et al (2011), Anti-Monopoly Law and Practice in China, Oxford University Press;
    2. Jones & Sufrin (2014), EU Competition Law: Text, Cases and Materials, Oxford University Press;
    3. Hou (2012), Competition Law and Regulation in the EU Electronic Communications Sector: A comparative legal approach, Wolter Kluwer.
  • Grading:

    20%/class participation
    30%/case presentation
    50%/final Exam
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