Competition Law and Policy

Course code LAWS5007Units 10Level 5000Faculty of Business and LawNewcastle Law School

This course starts from a broad understanding of competition law as encompassing both measures to ensure fair competition between market players and measures to ensure that market players deal fairly and honestly with consumers, so that consumers are able to compare products and services. We examine how the Trade Practices Act 1974 (TPA) addresses restrictive trade practices such as cartel conduct, monopolization, exclusive dealing, resale price maintenance and anti-competitive mergers, as well as touching on common law approaches to restraint of trade. The course also examines consumer protection measures under the TPA, and how these measures affect competition within markets.

Not available in 2015

ObjectivesObjectives specific to Competition Law

1. Competition Law THEORY and POLICY
By the end of the course, students should be able to:
- analyse the role of competition law in the functioning of market economies.
- analyse and evaluate theories and policy arguments about competition law.

2. KNOWLEDGE of Australian Competition Law
By the end of the course, students should be able to:
- identify the key legal mechanisms (statutory and common law) used in Australia to promote competition, and to minimise anti-competitive conduct.

3. PROBLEM-SOLVING using Australian Competition Law
At the end of the course, students should be able to:
- Apply legal principles (using case law and statute) to solve problems which may arise in practice.

Generic Objectives - developed across the Law School Curriculum as well as in Competition Law:
4. LEGAL RESEARCH
5. LEGAL DOCUMENT ANALYSIS
6. CLEAR COMMUNICATION (written)
7. SELF-ORGANISATION
Content1. The history, philosophy and economic rationale underlying competition law and consumer protection.

2. Consumer protection under the Trade Practices Act 1974 (Cth) & Fair Trading Acts including:
(i) Misleading & deceptive conduct
(ii) Unconscionable conduct
(iii) Product liability
(iv) Remedies and Sanctions

3. Restrictive trade practices banned under the Trade Practices Act 1974 (Cth) including:

(i) Misuse of market power
(ii) Anti-Competitive agreements
(iii) Exclusive dealing
(iv) Resale price maintenance
(v) Mergers and acquisitions
(vi) Access regime & industry standard
Replacing Course(s)NA
TransitionNA
Industrial Experience0
Assumed KnowledgeLAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS3005.
Modes of DeliveryInternal Mode
Teaching MethodsLecture
Assessment Items
Essays / Written AssignmentsAssignment
Examination: FormalAssessment will comprise of an open book examination.
Contact HoursLecture: for 3 hour(s) per Week for Full Term
Compulsory Components
Requisite by EnrolmentThis course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs.