Competition Law — Overview
For more detailed information about our work in this area, see also the dedicated Centre for Competition Law and Policy website
Forthcoming Subject Events
May 2013
Friday 31 May 2013 Week 6
- Trends in retail competition: private labels, brands and competition policy
Innovation, choice and competition policy - St Catherine's College Mary Sunley Lecture Theatre at 0900
News
The Value of Competition
The ‘The Value of Competition’ is a novel pro-bono programme dedicated to educating secondary school students about the benefits of competition and the role of competition law enforcement [more…]
The Journal of Antitrust Enforcement
The first issue of the Journal of Antitrust Enforcement (JAE) has now been published in hard copy and is also available online [more…]
Antitrust Enforcement Workshop - Washington DC
The CCLP in collaboration with the George Washington University Competition Law Center and the Journal of Antitrust Enforcement will host a Workshop on Antitrust enforcement at George Washington University, Washington DC, on Saturday April 13, 2013 [more…]
Why Competition Law ?
This lunchtime event will provide students with a unique opportunity to engage in discussion on future careers in competition law [more…]The Journal of Antitrust Enforcement
The University of Oxford Centre for Competition Law and Policy, in collaboration with the George Washington University Competition Law Center, launched a new law Journal dedicated to Antitrust Enforcement [more…]
Discussion Groups
These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.
Publications
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2013
A Ezrachi and Gilo, European Competition Law and Policy: A Comparative Perspective (forthcoming 2013)
A Ezrachi and J Thanassoulis, 'Upstream Horizontal Mergers and (the Absence of) Retail Price Effects' (2013) Journal of Competition Law and Economics (forthcoming) [...]
The paper explores the retail price effects of upstream and mid stream horizontal mergers. It questions the prevailing assumption in merger review according to which such transactions will have similar effects on retail price as that of downstream horizontal mergers. The analysis illustrates how a sophisticated profit-maximizing merged entity may find it more profitable to enter into efficient contracts which seek to maximise the profit of the distribution channel, and so ensure that retail prices are not raised. The merged entity uses its market power and improved bargaining position to extract as much of that profit as possible from the retailer. We therefore argue that one cannot simply assume a direct link between the creation of market power upstream following a merger transaction, and the subsequent increase in retail prices. An analysis of the effects of upstream mergers on retail prices should call for a more nuanced appraisal which distinguishes the transfer of wealth within the operators in the distribution chain from the possible price impacts on final consumers.
ISBN: 1744-6414
2012
A Ezrachi and H Qaqaya, 'UNCTAD’s Collaborative Information Platform' (2012) 4-2012 Concurrences Journal [...]
The application of competition law in an international setting has long been a challenging area for competition agencies. Legal and practical obstacles often limit an agency’s ability to obtain information on multinational violations and engage in effective enforcement and prosecution. These limitations have been particularly noticeable in the case of developing countries and economies in transition. These regimes are characterised by limited enforcement capacity and tend to focus their attention on domestic violators and on efforts to foster a ‘competition culture’. The challenge of tackling sophisticated cross-border anticompetitive activity and the imposition of effective sanctions on international violators may be beyond their reach. Unfortunately, the limited enforcement capacity of these regimes often results in an increased and disproportionate exposure to multinational anticompetitive activity. This exposure is particularly harmful given the ever growing level of cross-border trade. Indeed, in many instances, unless the cross-border activity is challenged by other, more powerful jurisdictions, developing economies and economies in transition remain exposed to negative transfer of wealth. This reality serves as a powerful incentive for these regimes to enhance their enforcement capacity in order to effectively tackle cross-border infringements. To facilitate these efforts, UNCTAD has recently launched a new initiative that will foster transparent information flow and collaboration between competition agencies. This initiative – known as the Collaborative Information Platform - forms part of UNCTAD’s on-going work on international cooperation and enforcement.
2011
C Hodges, 'A Market-Based Competition Enforcement Policy' (2011) 22 European Business Law Review 261
A Ezrachi and C Beaton-Wells (Editors), Criminalising Cartels: A critical interdisciplinary study of an international regulatory movement (Hart 2011) [...]
This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
Courses
The courses we offer in this field are:
Undergraduate
FHS - Final Year (Phase III)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.
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The aim of the course is to enable students to critically reflect upon the basic principles and policies at the heart of competition law. In particular, to understand how the law governs business practices that may restrict competition in economic markets through private and public enforcement and to analyse how competition law can curb anticompetitive activities and facilitate free competition.
At the end of the course, students should be able to: (i) understand how the law controls: a. cartel agreements and concerted practices b. the abuse of monopoly power c. mergers and acquisitions d. enforcement of competition law through private enforcement and via the investigations of the Commission (ii) critically reflect upon the economic principles underpinning the definition and control of anti-competitive practices (iii) apply the law to solve practical problems concerning the control of anti-competitive practices (iv) critically analyse how far the law facilities the promotion of free competition. (v) develop their own critical perspective concerning how law should and could control anti-competitive practices and the role of the European Community in developing this law. The teaching in this course is done by way of lectures, seminars and tutorial sessions. The lecture series is devoted to examination of the relevant statutory and case law framework and to the discussion of basic economic concepts (no prior knowledge of economics is required). Lectures are held on weeks 1-7 in MT. Each lecture lasts two hours. Two seminar sessions, each lasting two hours, will also be held in MT.
The tutorial series provides practical experience in the application of competition law through problem solving. Tutorials will be arranged centrally by the competition law group. There will be two tutorials in MT and two in HT.
For more information on the course see the Centre for Competition Law and Policy website at: www.competition-law.ox.ac.uk
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Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
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The aim of the course is to enable students to critically reflect upon the basic principles and policies at the heart of competition law. In particular, to understand how the law governs business practices that may restrict competition in economic markets through private and public enforcement and to analyse how competition law can curb anticompetitive activities and facilitate free competition.
At the end of the course, students should be able to: (i) understand how the law controls: a. cartel agreements and concerted practices b. the abuse of monopoly power c. mergers and acquisitions d. enforcement of competition law through private enforcement and via the investigations of the Commission (ii) critically reflect upon the economic principles underpinning the definition and control of anti-competitive practices (iii) apply the law to solve practical problems concerning the control of anti-competitive practices (iv) critically analyse how far the law facilities the promotion of free competition. (v) develop their own critical perspective concerning how law should and could control anti-competitive practices and the role of the European Community in developing this law. The teaching in this course is done by way of lectures, seminars and tutorial sessions. The lecture series is devoted to examination of the relevant statutory and case law framework and to the discussion of basic economic concepts (no prior knowledge of economics is required). Lectures are held on weeks 1-7 in MT. Each lecture lasts two hours. Two seminar sessions, each lasting two hours, will also be held in MT.
The tutorial series provides practical experience in the application of competition law through problem solving. Tutorials will be arranged centrally by the competition law group. There will be two tutorials in MT and two in HT.
For more information on the course see the Centre for Competition Law and Policy website at: www.competition-law.ox.ac.uk
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Postgraduate
BCL
Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds
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The objective of the course is to provide students with an understanding of this area of law, together with the ability to subject it to critical legal and economic analysis. The course aims to cover the main substantive laws relating to competition within the EC, including the control of monopoly and oligopoly; merger control; anti-competitive agreements; and other anti-competitive practices.
The emphasis is placed predominantly on EC competition law to reflect the importance it assumes in practice. UK competition law is also taught in detail, both because of its value in providing a comparative study of two systems of competition law and because of its importance to the UK practitioner. The antitrust laws of the USA and competition laws of other jurisdictions are also referred to by way of comparison.
Seminars: Competition law is taught in seminars by Dr Ariel Ezrachi, Slaughter and May University Lecturer in Competition Law, and Mr Aidan Robertson, visiting lecturer and barrister, Brick Court Chambers.
Tutorials: In
addition to the seminars, a course of four tutorials will be given in the
Hilary and Trinity terms. Tutorial arrangements will be made in due course. All
students taking tutorials will be asked to submit written work before they attend
tutorials.
Visiting speakers: There is a
programme of visiting speakers details of which are found on the CCLP website.
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MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
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The objective of the course is to provide students with an understanding of this area of law, together with the ability to subject it to critical legal and economic analysis. The course aims to cover the main substantive laws relating to competition within the EC, including the control of monopoly and oligopoly; merger control; anti-competitive agreements; and other anti-competitive practices.
The emphasis is placed predominantly on EC competition law to reflect the importance it assumes in practice. UK competition law is also taught in detail, both because of its value in providing a comparative study of two systems of competition law and because of its importance to the UK practitioner. The antitrust laws of the USA and competition laws of other jurisdictions are also referred to by way of comparison.
Seminars: Competition law is taught in seminars by Dr Ariel Ezrachi, Slaughter and May University Lecturer in Competition Law, and Mr Aidan Robertson, visiting lecturer and barrister, Brick Court Chambers.
Tutorials: In
addition to the seminars, a course of four tutorials will be given in the
Hilary and Trinity terms. Tutorial arrangements will be made in due course. All
students taking tutorials will be asked to submit written work before they attend
tutorials.
Visiting speakers: There is a
programme of visiting speakers details of which are found on the CCLP website.
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MSc (Master's in Law and Finance)
The objective of the course is to provide students with an understanding of this area of law, together with the ability to subject it to critical legal and economic analysis. The course aims to cover the main substantive laws relating to competition within the EC, including the control of monopoly and oligopoly; merger control; anti-competitive agreements; and other anti-competitive practices.
The emphasis is placed predominantly on EC competition law to reflect the importance it assumes in practice. UK competition law is also taught in detail, both because of its value in providing a comparative study of two systems of competition law and because of its importance to the UK practitioner. The antitrust laws of the USA and competition laws of other jurisdictions are also referred to by way of comparison.
Seminars: Competition law is taught in seminars by Dr Ariel Ezrachi, Slaughter and May University Lecturer in Competition Law, and Mr Aidan Robertson, visiting lecturer and barrister, Brick Court Chambers.
Tutorials: In
addition to the seminars, a course of four tutorials will be given in the
Hilary and Trinity terms. Tutorial arrangements will be made in due course. All
students taking tutorials will be asked to submit written work before they attend
tutorials.
Visiting speakers: There is a
programme of visiting speakers details of which are found on the CCLP website.
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People
Competition Law teaching is organized by a Subject Group convened by:
Ariel Ezrachi: Slaughter and May Professor of Competition Law
in conjunction with:
Angus Johnston: CUF Lecturer
Aidan Robertson, QC: Visiting Lecturer
assisted by:
Maria Ioannidou: DPhil Law student
Also working in this field, but not involved in its teaching programme:
Stephen Weatherill: Jacques Delors Professor of European Law
