MN5005 Transnational Business Management

Law Assessment: Problem based coursework (individual research task)

Required:
This assessment task focuses on a more practical application of legal principles in
business environment (see below CASE STUDY – “The Informant” and provided
questions).

Submission Week 22 via google classroom

Date
Weighing 20%
Word Count 1,000 words (the actual word count must be clearly stated)
Font Work must be typed: Arial or Tahoma format
Font Size 12
Line Spacing 1.5
Referencing You must reference sources used in the body of your answer. You
MUST use the
Harvard method
Bibliography Full bibliography at the end of the written work
Cases Cited In the body of the written work in bold short case reference
e.g. Eco Swiss China Time Ltd Benetton International NV Case
C-126/97
You may use a short form of the title after the first citation (in the
body) e.g. Eco Swiss
List of Cases (with bibliography) full case reference
e.g. Eco Swiss China Time Ltd Benetton International NV Case C-
126/97[2000] 5 CMLR 816
Legislation Legislation e.g. Directive 2004/38 on the right of citizens of the
Cited Union and their family members to move and reside freely within the
territory of the Member States.
You may use a short form of the title after the first citation e.g.
Directive 2004/38.
Sections of Sections of a statute may be quoted as follows:
Legislation Article 28 TFEU as Art.28 TFEU
Article 101paragraph/subsection 3 TFEU – as Art.101(3) TFEU
Word Limit The word limit +/- 10% is usual for coursework and the excess will
be penalized. Markers have a discretion to deduct up to 10
percentage points from a mark where the word limit beyond the
10% is exceeded. If markers suspect the limit has been exceeded
 without accurate disclosure they will conduct a rough estimate of
words per line, lines per page and the number of pages, and give
students the benefit of the doubt if they can. If the word count is still
well over/under the additional 10% word limit, up to 10% can be
deducted, depending on the amount exceeded.

Overall Quality:
The written work submitted should be clear and coherent, correct in spelling and
grammar, proficient in flow, and demonstrate professional academic standards of
presentation and style. Use of the first or second person will be severely penalized.

CASE STUDY: “The Informant”

Watch the following film

“THE INFORMANT (2009)”

Director: Steven Soderbergh
Writers: Scott Z. Burns (Screenplay), Kurt Eichenwald (Book)
Stars: Matt Damon, Tony Hale and Patton Oswalt

Synopsis

Matt Damon bulks up and delivers the goods as an eccentric and delusional company
Vice President who turns FBI informant to expose corporate fraud in this highly amusing
film. Based on the true story of Mark Whitacre-the highest-ranking executive in U.S.
history to turn whistle-blower-the film follows the quirky Whitacre's exploits as he reveals
a price-fixing scheme that would put three executives of his company behind
bars...along with a few of his own illegal activities.
Required

As the newly appointed legal advisor, you have been asked to give your legal
advice on the issues addressed in the film and to advice some of the parties
(1000 words).

You are reminded that you must refer to relevant EU legislation and case law in
your answers and to reference sources used.

You are further required to be critical in the analysis and the use of relevant case
law and legislation.

You are required to answer ONE question

Question One

Explain to the directors of ADM the relevant aspects of the EU competition policy and
advise them on whether or not their business arrangements with other companies
(described in the film) comply with Article 101 TFEU.

Question Two

Explain the relevant principles of the enforcement of EU competition law (including the
leniency for `whistle-blowers`) and critically comment on the legal situation of ADM
and/or its directors if we apply this law to the facts presented in the film.

ASSESSMENT CRITERIA

(Use this as a checklist before submission)

 Clear explanation of the relevant law including case law
 Application of the law to the case study
 Good structure and clear presentation
 Relevant conclusions and recommendations
 Appropriate references and bibliography

GRADING CRITERIA

To achieve an A grade:
i) Excellent selection and use of appropriate material relevant to the questionasked
ii) Excellent evidence of understanding of the legal issues involved in the casestudy,
with a clear explanation of those issues supported by relevant authority
iii) Excellent evidence of critical analysis of the issues relating to the questionasked
supported by relevant authority
iv)Comprehensive coverage of the legal issues
v) Clear structure and presentation of the material in an appropriate format
vi) Clear conclusions appropriate to the question asked based upon thearguments
presented
vii) Clear recommendations, where appropriate, which are supported by thearguments
presented
viii) Evidence of wide research using appropriate sources
ix) Use of a wide variety of sources
x) Complete referencing of sources throughout
xi) Complete and correctly cited bibliography

To achieve a B grade
i) Good understanding of the question asked and of the issues raised in thecase study
ii) Good use of appropriate material relevant to the question asked
iii) Good evidence of understanding of the legal issues involved, with a clearexplanation
of those issues supported by relevant authority
iv) Good evidence of critical analysis of the issues relating to the question
askedsupported by relevant authority
v) Clear structure and presentation of the material in an appropriate format
vi) Clear conclusions appropriate to the question asked based upon thearguments
presented
vii) Clear recommendations, where appropriate, which are supported by thearguments
presented
viii) Evidence of wide research using appropriate sources
ix) Use of a wide variety of sources
x) Referencing of sources throughout
xi) Complete bibliography

To achieve a C grade
i) An understanding of the question asked and of the issues raised in the casestudy
ii) Use of appropriate material relevant to the question asked
iii) Evidence of understanding of the legal issues involved, with an explanation ofthose
issues supported by relevant authority
iv) Evidence of critical analysis of the issues relating to the question askedsupported by
relevant authority
v) Clear structure and presentation
vi) Conclusions appropriate to the question asked
vii) Recommendations, where appropriate
viii) Evidence of wide research using appropriate sources
ix) Use of a variety of sources
x) Acknowledgement of sources
xi) Complete bibliography

To achieve a D grade
i) Some understanding of the question asked and of the issues raised in thecase study
ii) Use of appropriate material relevant to the question asked
iii) Evidence of some understanding of the legal issues involved, with anexplanation of
those issues supported by relevant authority
iv) Evidence of some analysis of the issues relating to the question askedsupported by
relevant authority
v) Clear structure and presentation
vi) Conclusion appropriate to the question asked
vii) Evidence of appropriate research
viii) Use of a number of sources
ix) Some acknowledgement of sources which are quoted or otherwise useddirectly
x) Bibliography

Fail grade
i) Serious misunderstanding or misreading of the question asked and of theissues
raised in the case study
ii) Serious misunderstanding or misstatement of the legal issues. Studentscannot be
given credit for authorities (legal or otherwise) which aremisunderstood or are cited in
support of the wrong proposition
iii) No attempt at analysis (i.e. reproduction of the material provided)
iv) Vague, thin or nebulous answers that suggest only a superficial understandingof the
law and which are unsupported by any relevant authority
v) Lack of structure and poor presentation
vi) Brief superficial conclusion inappropriate to the question asked
vii) Limited research
viii) No bibliography