教學大綱 Syllabus

科目名稱：比較競爭法

Course Name: Comparative Competition Law
  • 學年學期：112-1 Fall Semester, 2023
  • 科目代碼：364768001 Course No.364768001

修別：選

Type of Credit: Elective

2.0

學分數

Credit(s)

25

預收人數

Number of Students

課程資料Course Details
  • 開課單位：科智碩1B、科智碩2B Course Department:Graduate Institute of Technology, Innovation and Intellectual Property Management/M/1&2
  • 授課老師：莊弘鈺 Instructor: CHUANG HUNG-YU
  • 先修科目：無Prerequisite(N/A)
  • 上課時間：三34 Session: wed10-12

課程簡介Course Description

While the business world and industry get promising, market competition also becomes vigorous. Government should therefore consider maintaining the market function or intervening in market operations. Meanwhile, companies should observe the government's economic policy and also face the government's competition regulation. While companies face different economic and competition regulations local or international, this course is designed for students to study competition law from comparative and international perspectives. The course will discuss from economic, social, and political backgrounds how different countries formulate their competition policy, and then compare the different countries' competition regulations in each subject matter. Facing different countries' focus and concerns, companies engaging in global business should also adopt different business strategies to meet different countries' requirements and regulations. Therefore, the course is designed for the students to study different competition laws and policies in the United States, European, and Asia. Also, the course encourages the students to explore the economic, social, and political issues behind the regulation. Based on this knowledge and thinking, lawyers and in-house counsels might provide much more appropriate legal advice for their clients and companies to compete legally in the global market.

核心能力分析圖 Core Competence Analysis Chart

能力項目說明

    課程目標與學習成效Course Objectives & Learning Outcomes

    This course addresses and targets the following student learning outcomes:

    • Analyze legal concepts present in economic and political situations of Asia, Europe, and the United States
    • Distinguish between regulations and policies for conducting business outside of the US and those within US markets
    • Formulate business strategies in various political, social, and economic environments in global markets
    • Select appropriate regulations to use in various business and legal scenarios involving different countries
    • Compare and Contrast US and EU/Asian markets and their values

    每周課程進度與作業要求 Course Schedule & Requirements

    教學週次Course Week 彈性補充教學週次Flexible Supplemental Instruction Week 彈性補充教學類別Flexible Supplemental Instruction Type

    Week

    Topic

    Content and Reading Assignment

    Teaching Activities and Homework

    Student workload expectation

    In-class Hours

    Outside-of-class Hours

    1

    (9/13)

    Introduction

     

     

    2

     

    2

    (9/20)

    Goal
    • Competition Law and Antitrust: A Global Guide, Sec. 2-3 (p.11-28)
    • Comparative Competition Law, Sec.15.1.1-15.2.1 (p.415-417), 16.1.1-16.2.1 (p.443-450)
    • Google Digital Advertising

    2

    6

    3

    (9/27)

    Institution, Procedure
    • Competition Law and Antitrust: A Global Guide, Sec. 4-7 (p.29-88), 8-10 (p.91-127)
    • Microsoft

    2

    6

    4

    (10/4)

    Assignment 1

     
    • Google

    2

    6

    5

    (10/11)

    Globalization
    • Competition Law and Antitrust: A Global Guide, Sec.11-12 (p. 137-168)

     

    2

    6

    6

    (10/18)

    Enforcement
    • Comparative Competition Law, Sec.15.3 (p.428-439), 16.3 (p.462-471), 11 (p.271-300), 14 (p.384-412)
    • Apple v. Pepper

    2

    6

    7

    (10/25)

    Assignment 2

     
    • Amazon

    2

    6

    8

    (11/1)

    Market Definition
    •  
    • Comparative Competition Law, Sec.3 (p.27-55)
    • Google Search & Microsoft ChatGPT

    2

    6

    9

    (11/8)

    Market Power
    • Comparative Competition Law, Sec.6 (p.109-140), 7 (p.141-170)
    • Google Android System

    2

    6

    10

    (11/15)

    Assignment 3

     
    • FTC v. Facebook/Meta

    2

    6

    11

    (11/22)

    Unilateral Conduct of Dominant Firm
    • Comparative Competition Law and Economics, Sec.7 (p.300-381)
    • Comparative Competition Law, Sec.15.2.5 (p.423-426), 16.2.3 (p.455-457), 7 (p.141-170)
    • Google Search

     

    2

    6

    12

    (11/29)

    Unilateral Conduct of Dominant Firm
    • Comparative Competition Law and Economics, Sec.7 (p.300-381)
    • Comparative Competition Law, Sec.15.2.5 (p.423-426), 16.2.3 (p.455-457), 7 (p.141-170)
    • Epic v. Apple

    2

    6

    13

    (12/6)

    Assignment 4

     
    • Qualcomm

    2

    6

    14

    (12/13)

    Horizontal Restraint
    • Comparative Competition Law and Economics, Sec.3 (p.183-241)
    • Comparative Competition Law, Sec.15.2.2 (p.417-420), 16.2.2 (p.450-454), 4 (p.56-78), 5 (p.79-108)
    • HP v. Quanta Storage

    2

    6

    15

    (12/20)

    Vertical Restraint

    • Comparative Competition Law and Economics, Sec.6 (p.242-299)
    • Comparative Competition Law, Sec.15.2.4 (p.422-423), 16.2.2 (p.450-454), 9 (p.219-244), 10 (p.245-268)
    • Expedia & Booking.com
    • Uber pricing Algorithm

    2

    6

    16

    (12/27)

    Assignment 5

     
    • TFT-LCD Antitrust Litigation

    2

    6

    17

    (1/3)

    Independent Study

     

     

    2

    6

    18

    (1/10)

    Independent Study

     

     

    2

    6

    授課方式Teaching Approach

    30%

    講述 Lecture

    30%

    討論 Discussion

    30%

    小組活動 Group activity

    10%

    數位學習 E-learning

    0%

    其他： Others:

    評量工具與策略、評分標準成效Evaluation Criteria

    The course evaluation is based on the following criteria:

    1. Assignment (60%): Students will have five assignments for the semester and can choose three of the five assignments for the course evaluation. Each assignment accounts for 20% of the semester. Each assignment should be written at most a 3-page paper. The students are necessary to present and discuss their assignments in class. The evaluation is based on the paper's content, as well as the presentation and performance in class.
    2. Course discussion (40%): The instructor will design some questions for the students to have group discussions in class. The students need to discuss and share their idea with classmates in class. The performance will account for 20% of the final score in the course evaluation.
    3. Participation and Attendance (10%): The instructor will offer extra credits for students who have active participation in class. The credits will account for at most 10 points for the final score. The students must ask for leaves if they cannot attend the class. Absence without permission will affect the final score.

    指定/參考書目Textbook & References

    Textbook

    1. David J. Gerber, Competition Law and Antitrust: A Global Guide, Oxford University Press (2020)
    2. Roger Van den Bergh, Comparative Competition Law and Economics, Edward Elgar (2017)
    3. John Duns, Arlen Duke, Brendan Sweeney, Comparative Competition Law, Edward Elgar (2017)

    已申請之圖書館指定參考書目 圖書館指定參考書查詢 |相關處理要點

    書名 Book Title 作者 Author 出版年 Publish Year 出版者 Publisher ISBN 館藏來源* 備註 Note

    維護智慧財產權，務必使用正版書籍。 Respect Copyright.

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