Bok Course: Fairness and Antitrust (Lim)
MW 1:30PM - 2:50PM
Tanenbaum Hall 253
Fairness, a concept that was once nearly excised from U.S. antitrust jurisprudence, has been thrust to the forefront of antitrust discourse, particularly in relation to digital markets. There are those who offer fairness as an alternative normative principle to remedy what some have criticized as antitrust’s atrophy into a econ-technocratic profession fixated on efficiency, while there are others who criticize such suggestions as dangerous concoctions of populist aspirations.
This course takes an in-depth and critical look at fairness in the context of antitrust with all of its complexities. For this purpose, we will review both the historical and present circumstances that have and are driving the discourse surrounding fairness, discuss the different conceptualizations of fairness in antitrust ranging from competition on the merits, distributive justice, corrective justice, and procedural justice, critically analyze the debates surrounding the goals and (more recently) standards of antitrust, and consider the interaction between competition, fair trade, and consumer protection as it relates to fairness. Mindful of the limitations of discussing fairness as a normative principle in the abstract, we will further look at actual enforcement cases from various jurisdictions such as the EU, Korea and Japan that were predicated on fairness or reflect such considerations so as to critically assess the advantages and costs of operationalizing fairness as an antitrust concept.
Note: Note: Because this class meets for only four weeks (1/9-2/3) students must add/drop the class by the second meeting.
Bok Professor Yong Lim is breaking new ground through his research on the role of AI and big data in competition law. At Seoul National University (SNU), he is an Associate Professor of Law, as well as Co-Director of the AI Policy Initiative at SNU’s Center for Law and Economics. Lim’s areas of specialty include antitrust & competition, consumer protection, and information technology law. Before joining academia, Lim practiced law at Kim & Chang in Seoul, Korea.
International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.