Competition Law and Policy

Course code LEGL2003Units 10Level 2000Faculty of Business and LawNewcastle Law School

Focuses on the operation of Parts IV and Parts III A of the Trade Practices Act 1974 together with the enforcement provisions of the Act. Topics include various types of contracts, arrangements and understandings which substantially lessen competition, monopolisation, exclusive dealing, resale price maintenance and anti-competitive mergers. Reference is made to the common law relating to restraint of trade and the constitutional basis of the Act, but not to consumer protection provisions of the Trade Practices Act.

Not available in 2015

Objectives1. To equip students with a basic knowledge of the rationale of competition law
2. To analyse the various provisions of the Trade Practices Act and the reasons for such provisions
3. To equip economics students with basic legal knowledge to enable them to realise the legal issues raised in competition law.
4. To enable all students to evaluate critically court decisions and economic commentary in relation to competition law and policy
Content1. History of the common law of restraint of trade
2. The philosophical basis for competition law
3. Practices banned under the Trade Practices Act per se
- price fixing
- boycotting
- resale price maintenance
- third line forcing
4. Practices banned after a competition or other analysis
- misuse of market power
- exclusive dealing
5. Access provisions of the legislation
6. Remedies and enforcemet procedures under the Trade Practices Act
7. Analysis and criticism of the concept of competition law and its development in Australia.

NOTE: This course does not deal with consumer protection provisions of the Trade Practices Act.
Replacing Course(s)na
Industrial Experience0
Assumed KnowledgeLEGL1001
Modes of DeliveryInternal Mode
Teaching MethodsLecture
Assessment Items
Essays / Written AssignmentsResearch paper
Examination: Formal
Contact HoursLecture: for 3 hour(s) per Week for Full Term