課程名稱 |
反托拉斯與競爭法進階議題 Advanced Topics in Antitrust and Competition Law |
開課學期 |
108-2 |
授課對象 |
法律學院 法律研究所 |
授課教師 |
張邦慶 |
課號 |
LAW7248 |
課程識別碼 |
A21 M8450 |
班次 |
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學分 |
1.0 |
全/半年 |
半年 |
必/選修 |
選修 |
上課時間 |
星期一10,A,B(17:30~20:10)星期三10,A,B(17:30~20:10)星期五10,A,B(17:30~20:10) |
上課地點 |
霖研六1703 |
備註 |
限法律學院學生(含輔系、雙修生) 總人數上限:30人 |
Ceiba 課程網頁 |
http://ceiba.ntu.edu.tw/1082LAW7248 |
課程簡介影片 |
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核心能力關聯 |
核心能力與課程規劃關聯圖 |
課程大綱
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課程概述 |
#Contact Information
I can be reached by e-mail at felix.chang@uc.edu.
TA: Yunwen(r04a41027@ntu.edu.tw)
#Advanced Topics in Antitrust and Competition Law
This course covers advanced concepts in antitrust law and competition policy, focusing in particular on how Internet platforms (such as Amazon and Uber) challenge existing doctrines such as monopolization, abuse of dominance, and market definition. The course revolves around American and European Union laws, which have struggled to balance innovation against competition and consumer welfare under their old paradigms. To round out its analyses, this course will introduce basic economic theories such as leveraging, foreclosure, and network effects to show how economic realities can influence the evolution of legal doctrine. |
課程目標 |
#Learning Outcomes
Upon completion of the course, students should be able to:
-Explain market power and discern the exercise of market power in various settings
-Balance anticompetitive conduct and procompetitive justifications
-Distinguish collusion from exclusion while explaining their relation to one another
-Apply core economic concepts to the analysis of antitrust violations
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課程要求 |
#Reading Assignments
Readings are provided in a course packet and subject to change to meet the pace of the class.
#Attendance and Class Preparation
Regular and punctual attendance is required. If you expect to be late or miss a class due to an emergency, please e-mail me ahead of time. All students are expected to read the assigned materials carefully prior to class and be prepared to discuss the materials in great detail during class. If you will not be prepared for class due to an emergency, please e-mail me ahead of time. Unpreparedness and/or unexcused absences may affect your grade adversely.
#Grading
The grade for this course will be determined as follows:
-Class participation: 25%
-Written response to one assigned problem: 25% (Problems will be assigned as part of the readings for the class, as noted below in the syllabus. To satisfy this grading criterion, you should pick one of the assigned problems, write up an answer to the problem that is between 1 and 5 pages in length, and e-mail me your answer prior to the class when we are scheduled to discuss the problem. For instance, if you choose to write a response to Problem 2-1, which is scheduled for March 18, you must e-mail me your answer prior to 17:30 on March 18.)
-Final exam: 50% (The final exam will be in essay format. It will be held from 19:00 to 20:00 on Friday, March 27, our last day of class. The exam is open-book, so you may bring your course packet and notes, as well as a calculator and a dictionary.)
#Recording
Recording of any part of any class session is not permitted without my prior written consent.
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預期每週課後學習時數 |
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Office Hours |
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指定閱讀 |
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參考書目 |
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評量方式 (僅供參考) |
No. |
項目 |
百分比 |
說明 |
1. |
Class participation |
25% |
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2. |
Written response to one assigned problem |
25% |
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3. |
Final exam |
50% |
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週次 |
日期 |
單元主題 |
第1週 |
3/16 |
1. Introduction
-The Lysine Cartel
-Principles of Antitrust Law
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第2週 |
3/18 |
2. Concerted Action
-Per Se Violations
o U.S. v. Socony-Vacuum Oil Co.
o Palmer v. BRG of Georgia
-Rule of Reason
o National Society of Professional Engineers v. U.S.
o National Collegiate Athletic Ass’n v. Board of Regents of the Univ. of Oklahoma
-Problem 2-1
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第3週 |
3/20 |
3. Distinguishing Concerted from Unilateral Action
-Conscious Parallelism or Agreement
o American Tobacco Co. v. U.S.
o In re Text Messaging Antitrust Litig.
o Wu, Parallel Exclusion
-Problem 3-2
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第4週 |
3/23 |
4. Exclusionary Conduct
-“Power + Conduct” Framework
o U.S. v. Aluminum Co. of America
-Market Definition
o U.S. v. E.I. du Pont de Nemours & Co.
-Market Power and Non-Price Exclusionary Conduct
o U.S. v. Microsoft
o Aspen Skiing Co. v. Aspen Highlands Skiing Corp.
-Problem 4-1
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第5週 |
3/25 |
-Exclusionary Conduct cont’d
o Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP
-Tech Platforms and Network Effects
o Ohio v. American Express Co.
o The Case Against Google, New York Times Magazine
o European Commission, Case AT.39740 — Google Search (Shopping)
-Review
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第6週 |
3/27 |
-Tech Platforms cont’d
-Final Exam
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