Course Name: Chinese Competition Law

Course Pre/Co-requisites: none

Textbook: own materials, including slides, handbook and cases

Instructor: Liyang Hou

[Name] Liyang Hou

[Email] liyang.hou@sjtu.edu.cn

[Office] 463, Leo Koguan Law Building

[Office Hours]: Monday-Friday, 3-5 pm or by appointment.

Course Description:

This course will provide students with a comprehensive and in-depth understanding of the basics of China’s Anti-Monopoly Law. Key topics discussed in the course include cartels, abusing dominant positions, merger control, public restriction of competition law and their enforcement. Case study will be a major element for this course. Moreover, the comparative element allows students to know not only Chinese law but also antitrust law in the EU and USA.

Grading Policy:

Students will be evaluated based on active participation (20%), presentation in the case study (30%) and final Exam (50%)

Syllabus:

1.     Introduction to antitrust economics: schools of thoughts on the objectives of antitrust

2.     Monopoly agreements: horizontal agreements, vertical agreements, concerted practice

3.     Relevant markets and dominance: demand and supply substitution, SSNIP test, single dominance, collective dominance

4.     Abusing dominance: excessive pricing, predatory pricing, refusal to deal, bundling, discrimination etc.

5.     Merger control: horizontal mergers, vertical mergers, remedies

6.     Antitrust procedure law: competition agencies, antitrust investigation, commitments, leniency, litigation

7.     Antitrust enforcement in China: general overview of enforcement by three competition agencies and courts, positive aspects, negative aspects

8.     Guest lecture 1: e.g. Hong Kong Competition Act

9.     Guest lecture 2: e.g. merger review from a lawyer’s perspective

10.  Case study 1: cases of refusal to deal, collective dominance, bundling

11.  Case study 2: cases of price squeeze, exclusive dealing, mergers