Not available in 2014
Previously offered in 2007, 2005, 2004
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.
| Objectives | Objectives 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 |
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| Content | 1. 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 |
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| Replacing Course(s) | NA | ||||
| Transition | NA | ||||
| Industrial Experience | 0 | ||||
| Assumed Knowledge | LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS3005. | ||||
| Modes of Delivery | Internal Mode | ||||
| Teaching Methods | Lecture | ||||
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| Contact Hours | Lecture: for 3 hour(s) per Week for Full Term | ||||
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