Master of Laws in Competition Regulation

Purpose

The purpose of the Master of Laws in Competition Regulation is to equip qualifying learners with the technical capacity (advanced/specialist knowledge and research skills), values and sensitivity required to competently manage or support the management of Competition Regulation matters, especially those pertaining to enforcement of (or compliance with) rules and regulations belonging to this field of law. This will be done by introducing learners to advanced level modules in Competition Law and Regulation as well as broadening their research skills based in this specialised field.

The experience of the Competition Commission and the other statutory bodies charged with the administration and enforcement of Competition Law and regulation in South Africa has, show that the levels of compliance with the pertinent legal rules and respect for the related values is disturbingly low in the South African economic landscape. This has spawned concerns about the need for progressively increasing technical capacity for enforcement and compliance monitoring purposes as well as for awareness and sensitivity-raising at the level of private sector management leaders and their technical/legal support personnel. This qualification is a deliberate, strategic response to those needs which, it should be noted, are common to all African/developing country jurisdictions.

Rationale

The experience of South Africa's competition authorities (the Competition Commission, the Competition Tribunal and the Competition Appeal Court) and the legal profession have shown:

• Human capital deficits especially in the form of lack of expertise in the fields/areas of Competition Law and Economics and strategic industries regulation - making the enforcement of compliance with relevant rules difficult, expensive, and sometimes plain impossible.
• Lack of knowledge of competition law-related rules and obligations as well as their underlying values and public policy concerns - resulting in the development or continuation of corporate/business/leadership practices that inadvertently undermine respect for those rules and values.

The composition of the small community of legal, economic and regulatory experts that has emerged in South Africa since 1999 when the Competition authorities came into being does not represent the demographics of this country, hence the need for a postgraduate study intervention aimed deliberately at widening access to areas of high level expertise/specialised work in which persons from historically disadvantaged backgrounds seem to be highly under represented.

The qualification has been developed at the nudging and with the moral support of the Competition Commission of South Africa. This is clear demonstration of the Commission's view that the qualification is necessary strategic responses to the challenges.

The qualification will be most appealing to Bachelor of Laws (LLB) qualifying learners who have a bias towards Commercial Law broadly and a strong interest in attaining specialised knowledge and technical skills in the field of Competition Law and Regulation. Qualifying learners will be virtually guaranteed professional employment/consulting opportunities in either the regulatory sector featuring employers like the Competition Commission and ICASA Independent Communications Authority of South Africa (ICASA) or in the private sector where large corporate entities including state-owned enterprises and law firms are constantly seeking competition law/regulation specialists to assist in managing Competition Law-related compliance matters for the organisations/clients.

The most appropriate learning pathway within which the qualification resides is Competition Law and Policy Commercial Law or Corporate Law. It therefore equips the learners with the advanced knowledge and specialist skills needed to competently manage matters pertaining to competition regulation enforcement and related compliance challenges.

The most direct advantage to the learners is the certainty of securing employment or consulting work opportunities in the areas of Competition Law regulation, enforcement or advisory/compliance support in either the public or private sector. The distinct advantage for society is the progressive creation of a cadre of legal or regulatory technocrats capable of supporting enforcement and compliance initiatives thereby ensuring that Competition Law is given 'teeth' and taken seriously by the role players in the economy to whom it is targeted. Qualifying learners should also be able to engage in raising awareness and sensitivity to the importance and seriousness of competition law/regulation issues within their organisational environments, and thereby facilitate the emergence of an enabling environment for broad-based Competition Law compliance in society. The benefits for the economy derive from the proven facts that when Competition Law enforcement and compliance are maximised, product prices drop without any concomitant drop in product quality, and barriers to entry into various fields of economic activity are significantly reduced or eliminated. The result is an economy that will experience both increased growth and greater 'equity' of participation which would in turn lead to greater social cohesion and stability.

Recognition of Prior Learning (RPL)

RPL will be applied in line with the institution's RPL policy as indicated in Paragraph 2.5 of the Higher Education Quality Council (HEQC) Application Form for Programme Accreditation.

Prior accredited learning at the Higher Education and Training (HET) level in relevant domains which constitute credit-bearing units or modules should be recognised if evidence can be produced that shows that the learner has achieved, at a satisfactory level, the outcomes and Associated Assessment Criteria specified for component modules in the qualification or for admission into the qualification/programme of study and, if appropriate, allow the Recognition of Prior Learning for the achievement of the qualification in part or in full.

Informal, non-formal and experiential learning

A learner whose level of knowledge, skills, competencies and attitudes have not been assessed earlier in terms of the formal qualification in question, but who can demonstrate in appropriate ways, through an assessment designed by the institution that she/he has acquired those skills and competencies, may be considered for admission to a programme of study leading to this qualification. The learner who, after such assessment, is deemed to have sufficient potential but is in need of further academic development, must be directed to other suitable qualifications prior to admission, or to parallel qualifications after admission.

RPL Applications

• Applications for RPL may be submitted throughout the year; however, the deadline for the endorsement of RPL credit, where a prospective learner wishes to register for further study in the following year, is the last Senate meeting of the preceding year.
• Awarding RPL credit.

Prospective learners with prior learning, however obtained, may apply to have their prior learning assessed against the learning outcomes for a specific qualification and/or module/course(s) as outlined in the institution's RPL Policy for the following purpose(s):

• Access into a particular module /qualification when a learner is able to demonstrate, through appropriate assessment(s), the entry or exit outcomes of the module or qualification preceding that particular module or qualification;
• RPL applications for the purpose of access into a particular module/qualification may be submitted to the respective faculty throughout the year. The period prior to registration shall allow the applicant sufficient time to gather evidence and to prepare for the RPL assessment. This period shall also allow for administrative procedures to be complied with prior to the successful RPL candidate being allowed to register.

Entry Requirements

• Bachelor of Laws (LLB), National Qualifications Framework (NQF) Level 8, 480 Credits.

Or

• Bachelor of Procurationis, NQF Level 8, 480 Credits.

This qualification consists of compulsory and elective modules at Level 9 totalling 183 Credits.

Compulsory Modules: 175 Credits

• Economics for Competition Regulation, 20 Credits.
• Advanced Competition Law and Policy, 20 Credits.
• Competition Regulation Enforcement and Procedure, 20 Credits.
• International and Comparative Competition Law, 25 Credits.
• Mini-dissertation, 90 Credits.

Electives, 8 Credits: (Choose/select one module)

• Competition and the use of Tenders and Auctions, 8 Credits.
• Innovation and Intellectual Property, 8 Credits.
• Financial Sector Regulation and Development, 8 Credits.

1. Identify and competently apply the rules, principles and values of the Competition Law in solving world problems associated with area of economic behaviour/activity regulation and in performing related technical advisory support roles in the public and private spheres.
2. Develop and apply advanced knowledge of the economic and socio-political theories and rationales that are central to the legal regulation of anti-competitive behaviour, especially developing country environments.
3. Evaluate and monitor, through research and enquiry, national and international developments in field of competition policy, law and industry regulation, changes in judicial approaches to well-known problems and institutional responses to new ones.
4. Demonstrate advanced knowledge and appreciation of the challenges and dangers posed by widespread non-compliance with Competition Law-related rules and values from multiple stakeholder perspectives.
5. Apply a development-centred approach to assessing appropriateness and effectiveness of existing legal and institutional approaches to old and new problems of competition regulation, especially informed by acute awareness of African realities.

Associated Assessment Criteria for Exit Level Outcome 1

• Demonstrate in discussions, presentations and written work, ability to identify and correctly apply pertinent legal rules to hypothetical scenarios as well as provide reflective assessments of the weaknesses and strengths of competition law/regulation in particular contexts.
• Identify and appreciate the importance of pertinent public interest goals and how they provide rationale and or justification for current competition law rules and enforcement efforts/initiatives is displayed in written work on topics/issues in the field of competition regulation and policy.

Associated Assessment Criteria for Exit Level Outcome 2

• Display knowledge of economic and socio-political theories underlying the legal regulation of anti-competitive behaviour through discussions, presentations and written work.
• Rationalise or justify current competition law rules and enforcement efforts/initiatives.
• Identify and appreciate the importance of pertinent public interest goals.

Associated Assessment Criteria for Exit Level Outcome 3

• Demonstrate clear understanding of the national and international developments in competition policy, law and industry regulation through discussions, presentations and written work.
• Use appropriate evidence and arguments to justify their conclusions and recommendations.

Associated Assessment Criteria for Exit Level Outcome 4

• Demonstrate sound understanding of the context, values and stakeholder interests and perspectives pertinent to competition regulation and policy.
• Use sound integration of relevant research and independent, creative thinking.to motivate for their own position on competition regulation and policy debates.

Associated Assessment Criteria for Exit Level Outcome 5

• Reflect purposeful and critical application of current knowledge and expertise in the chosen focus area using analyses of the prevailing problems and issues.
• Clearly and coherently articulate explanations of own position through written and oral communication.

Integrated Assessment

Continuous assessment is used to determine the level of competence of learners which includes assessment of participation at seminars; and submission and grading of class presentations, group work and research-based assignment.

For the Summative Assessment, a four-hour/48-hour take-home written final examination for each module is undertaken. In addition, a mini-dissertation written on a competition law/policy related topic is submitted and assessed. The Formative and Summative Assessments each contribute 50% each towards the final mark.