Competition and Consumer Law

Course code LAWS5031
Available in 2015
2015 Course Timetables

Description

Competition and Consumer Law encompasses 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. Students in this course will examine how the Competition and Consumer Act 2010 (Cth) (CCA) 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.

Consumer protection measures under the CCA, and how these measures affect competition within markets, and attempt to ensure that businesses are honest and fair in their dealings with consumers, and adhere to minimum standards of safety and quality are investigated.

As the structure focuses on the more common areas of dispute within trade practices law, likely to be encountered within Competition and Consumer law and likely to be encountered within legal practice, students will be introduced to the economic concepts upon which the regulatory regime is founded before particular emphasis is placed on the consumer protection provisions and the substantive prohibitions and restrictions of the CCA which impact on various business activities.

Availability

Callaghan Campus

  • Semester 2 - 2015

Learning Outcomes

1. Critically analyse the relevant economic and political theories that govern competition law in Australia in regard to assessment of market structure and business behaviour.

2. Interpret, explain and apply competition legislation in Australia and leading decisions on competition law.

3. Critically evaluate the way in which the competition and consumer legislation operates and is applied.

4. Display clear and effective communication skills in the oral and written presentation of assessment tasks based on the course materials.

5. Demonstrate a developing ability to use legal analysis effectively in the application of the relevant competition law principles and laws to a range of factual problems.

Content

The course contains, but is not limited to, the following topics:

  1. The history, philosophy and economic rationale underlying competition law and consumer protection.
  2. Consumer protection under the Competition and Consumer Act (Cth) including misleading or deceptive conduct, unconscionable conduct, product liability, remedies, sanctions and policy measures designed to protect consumers.
  3. Regulation of restrictive trade practices under the Competition and Consumer Act (Cth) including Misuse of market power, Anti-Competitive agreements, Exclusive dealing, Resale price maintenance, Mergers and acquisitions, Access regime & industry standards, Remedies, sanctions and policy measures designed to encourage competition and prevent or resolve restrictive trade practices.

Requisites

This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.

Assumed Knowledge

Legal System and Method (LAWS1001A, LAWS1001B,) Torts (LAWS1003A, LAWS1003B), Criminal Law (LAWS2004A, LAWS2004B) Contracts (LAWS3004A, LAWS3004B), and Company Law (LAWS4005)

Assessment Items

Written Assignment: Assignment

Presentation: Class presentation

Written Assignment: Case summaries

In Term Test: Open book exam

Contact Hours

Seminar

Face to Face On Campus 3 hour(s) per Week for Full Term