LAWS6035Competition Law and Policy

Course handbook

Description

The aims of competition policy are to facilitate effective competition and to promote efficiency and economic growth. The law seeks to balance the broad application of pro-competitive policies and the sanctions placed on anti-competitive arrangements to the public benefit. In Australia and other jurisdictions, competition law plays an integral part in modern commercial practices and activities. This course examines the history and content of competition law in Australia with particular emphasis on Part IV of the Competition and Consumer Act 2010 (Cth). It also focuses on advanced analysis and evaluation of the economic and political theoretical underpinnings of competition law in Australia and in international contexts.

Availability

Not currently offered.

This Course was last offered in Winter - 2017.

Learning outcomes

On successful completion of the course students will be able to:

1. Demonstrate advanced and integrated knowledge of competition legislation in Australia at a national level and leading decisions on restrictive trade practices.

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

3. Critically evaluate the policy considerations that underlie competition laws in Australia and other jurisdictions.

4. Apply specialised knowledge of the appropriate competition laws in an application to the regulator.

5. Critically evaluate the appropriate enforcement powers that might be used by the regulator against businesses found to be in breach of Australian competition law.

Content

The topics in this course include:

1. 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.
2. Public enforcement and regulatory powers of the regulator and private enforcement of competition laws.
3. A comparison of competition regulation in Australia and other jurisdictions.
4. Market analysis and the role of power in the development of competition legislation and policy.
5. Statutory limits placed on competition under the Act dealing with:

• Cartels,
• Misuse of Market Power,
• Exclusive Dealing,
• Resale Price Maintenance,
• Mergers and Acquisitions
• Appropriate enforcement powers and remedies available to the ACCC and other affected parties.

Requisite

This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice, Master of Laws, or a Bachelor of Laws (Honours) combined program.

Assumed knowledge

For Newcastle Juris Doctor/Graduate Diploma in Legal Practice Students: LAWS6004A and LAWS6004B Contracts

Assessment items

Online Learning Activity: Online Discussion Forum

Presentation: Debate

Participation: Participation and contribution to seminars

Formal Examination: Final Take Home Exam