Available in 2013
|Callaghan Campus||Semester 2|
Trade Practices 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. We examine how the Trade Practices Act (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.
Consumer protection measures under the TPA, 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 legal practice, you 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 Trade Practices Act which impact on various business activities.
|Objectives||On successful completion of this course, you will be able to:
1. Analyse the role of competition and trade practices law in the functioning of market economies.
2. Analyse and evaluate theories and policy arguments about competition and trade practices 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.
|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 Trade Practices Act 1974 (Cth) & Fair Trading Acts including Misleading & deceptive conduct, unconscionable conduct, product liability, remedies, sanctions and policy measures designed to protect consumers.
3. Regulation of restrictive trade practices under the Trade Practices Act 1974 (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.
|Transition||This course is not available to students who have successfully completed LAWS5007|
|Assumed Knowledge||LAWS1001A, LAWS1001B, LAWS1003A, LAWS1003B, LAWS2004A, LAWS2004B, LAWS3004A, LAWS3004B, LAWS3005|
|Modes of Delivery||Internal Mode|
|Contact Hours||Lecture: for 2 hour(s) per Week for Full Term
Seminar: for 1 hour(s) per Week for Full Term
|Timetables||2013 Course Timetables for LAWS5031|