Syllabus ICL

ATENEO LAW SCHOOL

Academic Year 2022 – 2023, First Semester
International Competition Law: Thematic Issues in the Context of the COVID-19 Pandemic,
Post-Pandemic Recovery, and other select Contemporary Issues (Elective)
Friday (2:00-4:00 p.m.)
Professors: Atty. Anthony Abad (with teaching assistant Atty. David K. Rosario)

1. The objectives of this course are as follows:

a. To equip the learners with a basic knowledge on the fundamental principles of international
competition law;
b. To equip the learners with an understanding and appreciation of the Competition laws of
other jurisdictions thereby creating an international overview of Competition law; and
c. To analyze international competition law issues arising from the onslaught of the COVID-
19 pandemic, particularly how competition law can help affected economies recover.

2. Methodology:
The first half of the course will be devoted to various inputs from the professor on the substantive
aspects of international competition law to familiarize the learners with the competition law
principles and legal frameworks across multiple jurisdictions.
During the second half of the semester, the course shall tackle current issues in international
competition law, especially in light of the COVID-19 pandemic. At this time, the learners shall
likewise be grouped (TBD) and assigned to research and discuss how competition law can be used
to stimulate economic recovery and resilience in the aftermath of the COVID-19 pandemic. The
group shall then present their research at the end of the semester.
3. Course schedule, tasks and activities:
Date Topic
Week 1 General Introduction
Week 2
Week 3 General Principles, Historical Underpinnings,
Week 4 and Economic Underpinnings of Competition
Law and Policy
Week 5 American Competition Law and Policy
Week 6 European Competition Law and Policy
Week 7 Competition Law and Policy in select other
Jurisdictions
Week 8-9 MIDTERMS
Week 10 Organizational session, assignment of topics
(Team)
 Week 11 Contemporary Issues on Competition Law
Week 12 Competition Law as a tool for Economic
Recovery and Resilience
Week 13
Week 14 Group Presentations
Week 15
Week 16 Synthesis Session
Week 17-18 FINALS

4. Course Materials
Competition Law. Richard Whish & David Bailey. 2012
Competition Policy: Theory and Practice. Massimo Motta. 2003.
Taylor, Martyn, “International Competition Law: A New Dimension for the WTO?” Cambridge
University Press.
Select Videos, Materials, and Powerpoint Presentations to be provided during the Semester.

5. Suggested Readings
I. Conceptual Framework and Historical Background

Medalla, Erlinda M., “Objectives and Role of Competition Policy,” Medalla, Erlinda M. ed., Toward a
National Competition Policy for the Philippines. (2002). Philippine APEC Study Center Network, and
Philippine Institute for Development Studies. 4 – 8.

Prof. W. Lachmann, “The Development Dimension of Competition Law and Policy.” (1999) United
Nations Conference on Trade and Development. New York and Geneva.

Kovacic, William E. and Shapiro, Carl, “Antitrust Policy: A Century of Economic and Legal Thinking,”
(October 1999), Competition Policy Center, University of California, Berkeley.

Gerber, David J., “The Transformation of European Community Competition Law,” 35 Harv. Int’l. L. J.
97 1994.

II. Competition Law in Relation to Social and Economic Goals

Kerber Wolfgang, ”Should competition law promote efficiency? – Some reflections of an economist
on the normative foundations of competition law.”

Evenett, Simon J., “What is the relationship between competition law and policy and economic
development?” Brooks, Douglas H. and Evenett, Simon J. (eds.), Competition Policy and
Development in Asia. (2005). Palgrave Macmillan. 1-26.
 Brooks, Douglas H., “Competition policy, international investment and foreign direct investment.”
Brooks, Douglas H. and Evenett, Simon J. (eds.), Competition Policy and Development in Asia.
(2005). Palgrave Macmillan. 27-45.

Evenett, Simon J., “Would enforcing competition law compromise industrial policy objectives?”
Brooks, Douglas H. and Evenett, Simon J. (eds.), Competition Policy and Development in Asia.
(2005). Palgrave Macmillan. 47-70.

Mendoza, Ronald U., Barcenas, Lai-Lynn Angelica B., Mahurkar, Padmini, “Balancing Industrial
Concentration and Competition for Economic Development in Asia: Insights from South Korea,
China, India, Indonesia and the Philippines.” Journal of Reviews on Global Economics, 2013, 2, 248-
277.

III. Substantive Provisions and Basic Concepts

a. Objectives

UNCTAD Model Law on Competition (2010) – Chapter I

Motta, Massimo, “Competition Policy: Theory and Practice” (2009), Cambridge University Press. 17 –
30.

• Market/monopoly power and welfare

Motta, Massimo, “Competition Policy: Theory and Practice” (2009), Cambridge University
Press. 39 – 89. 115 – 134.

b. Definition and Scope of Application

UNCTAD Model Law on Competition (2010) – Chapter II

• Market definition

Motta, Massimo, “Competition Policy: Theory and Practice” (2009), Cambridge University
Press. 102 – 115.

c. Restrictive agreements or arrangements

UNCTAD Model Law on Competition (2010) – Chapter IV

Motta, Massimo, “Competition Policy: Theory and Practice” (2009), Cambridge University Press. 137
– 208. 302 – 377.

d. Abuse of market power

UNCTAD Model Law on Competition (2010) – Chapter IV

 Motta, Massimo, “Competition Policy: Theory and Practice” (2009), Cambridge University Press. 411
– 502.

e. Mergers

UNCTAD Model Law on Competition (2010) – Chapter VI

Motta, Massimo, “Competition Policy: Theory and Practice” (2009), Cambridge University Press. 231
– 276.

f. Notifications of regulated agreements and arrangements (other than merger)

UNCTAD Model Law on Competition (2010) – Chapter V

IV. Enforcement of Competition Law

“Foundations of an effective competition agency.” (2011). United Nations Conference on Trade and
Development, TD/B/C.I/CLP/8.

Gal, Michal, “The Ecology of Antitrust: Preconditions for Competition Law Enforcement in
Developing Countries,” (2004). New York University Law and Economics Working Papers. Paper 10.

• Administering Authority

UNCTAD Model Law on Competition (2010) – Chapter IX

UNCTAD Model Law on Competition (2010) – Chapter X

• Sectoral Regulators

UNCTAD Model Law on Competition (2010) – Chapter VII

• Sanctions and Actions for Damages

UNCTAD Model Law on Competition (2010) – Chapter XI

UNCTAD Model Law on Competition (2010) – Chapter XIII

• Judicial Review

UNCTAD Model Law on Competition (2010) – Chapter XII

V. Consumer Protection

UNCTAD Model Law on Competition (2010) – Chapter VIII

VI. The Argument for a Multilateral Competition Agreement

Taylor, Martyn, “International Competition Law: A New Dimension for the WTO?” Cambridge
University Press. 2006. 34 – 70.

Taylor, Martyn, “International Competition Law: A New Dimension for the WTO?” Cambridge
University Press. 2006. 71 - 105.

Taylor, Martyn, “International Competition Law: A New Dimension for the WTO?” Cambridge
University Press. 2006. 106 - 143.

Fox, Eleanor M., “Competition Law and the Agenda for the WTO: Forging the Links of Competition
and Trade,” (1995). Pac. Rim L & Pol’y J, Vol. 4 No. 1, 1-36.

Clarke, Julian L. and Evenett, Simon J., “A Multilateral Framework for Competition Policy?,” (2003).
State Secretariat of Economic Affairs and Evenett, Simon J. (eds.), The Singapore Issues and the
World Trading System: The Road to Cancun and Beyond, 77 – 168.

Singh, Ajit, “Multilateral Competition Policy and Economic Development. A Developing Country
Perspective on the European Community Proposals,” Fifth session of the Intergovernmental Group
of Experts on Competition Law and Policy, Geneva, 2-4 July 2003.

6. Grading system:
Mid-term (1/3rd), Final Paper (1/3rd), Participation & Attendance (1/3rd)

7. Contact Details
Atty. Anthony A. Abad – aabad@ateneo.edu
Atty. David K. Rosario – david.rosario@tradelawyers.ph