Competition Law and Policy
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.
- Winter - 2016
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.
The topics in this course include the following:
- Key economic and political theories underpinning the origins, limitations and application of competition law including Australian competition legislation set out in Part IV of the Act.
- Market analysis and the role of power in the development of competition legislation and policy.
- Statutory limits placed on competition under the Act dealing with:
- Misuse of Market Power,
- Exclusive Dealing,
- Resale Price Maintenance,
- Mergers and Acquisitions
- Authorisations and Notifications and the practical application of each on the business of firms.
- Appropriate enforcement powers and remedies available to the ACCC and other affected parties.
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.
Legal System and Method (LAWS1001A, LAWS1001B,) Torts (LAWS1003A, LAWS1003B), Criminal Law (LAWS2004A, LAWS2004B) Contracts (LAWS3004A, LAWS3004B), and Company Law (LAWS4005)
Presentation: Workshop Leadership and Youtube Video
Participation: Participation and contribution to seminars
Formal Examination: Open book exam
Face to Face On Campus 12 hour(s) per Week for 3 Weeks
This course is offered intensively in the winter term.