Competition and Consumer Law

Course code LAWS5031Units 10Level 5000Faculty of Business and LawNewcastle Law School

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 like 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.

Available in 2015

Callaghan CampusSemester 2
Previously offered in 2014
ObjectivesOn successful completion of this course, students will be able to:
1. Analyse the role of competition and consumer law in the functioning of market economies.
2. Analyse and evaluate theories and policy arguments about competition and consumer law
3. Identify and comprehend the key legal mechanisms (statutory and common law) used in Australia to promote competition, to minimise anti-competitive conduct and to protect consumers.
4. Apply legal principles (using case law and statute) to solve problems which may arise in practice.
5. Undertake legal research and document analysis.
ContentThe 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.
Replacing Course(s)NA
TransitionThis course is not available to students who have successfully completed LAWS5007
Industrial Experience0
Assumed KnowledgeLegal System and Method (LAWS1001A, LAWS1001B,) Torts (LAWS1003A, LAWS1003B), Criminal Law (LAWS2004A, LAWS2004B) Contracts (LAWS3004A, LAWS3004B), and Company Law (LAWS4005)
Modes of DeliveryInternal Mode
Teaching MethodsSeminar
Assessment Items
Essays / Written AssignmentsWritten assignment
Examination: FormalOpen book examination
Contact HoursSeminar: 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 or the Bachelor of Laws (Honours) and associated combined degree programs.
Timetables2015 Course Timetables for LAWS5031