This course is an in-depth examination of restrictive trade practices law, also known as competition law. It examines Part IV of the Trade Practices Act 1974 (Cth) (TPA), and the parallel state provisions of the Competition Code (which apply by agreement between the States where there is no Constitutional coverage for the TPA). The course does not address the consumer protection provisions contained in Part V of the TPA.
Corporate and Commercial Law; Corporate, Commercial and Taxation Law.
Recommended Prior Knowledge
At the conclusion of the course you should be able to:
- Define a market in the context of particular conduct
- Assess the likely effect of particular conduct on competition in a market
- Determine the purpose of conduct in accordance with the various provisions of the TPA
- Understand the application of the "per se" provisions of the TPA
- Determine whether conduct constitutes a contract, arrangement or understanding
- Recognise price fixing, exclusionary provisions, exclusive dealing and resale price maintenance under the TPA
- Formulate arguments to determine whether or not specific conduct constitutes a misuse of market power
- Identify mergers which are likely to offend the TPA and formulate strategies for dealing with the situation from both judicial and administrative points of view
- Understand the role of the ACCC and the powers which it has under the TPA to enforce
- Prepare a strategic response to ACCC action against your client
- Understand the remedies available to private litigants and when they might apply
- Be aware of the provisions of the TPA which mandate access to essential facilities
- Develop communication skills in arguing a case in relation to the TPA by participation in class and completion of written examinations
The course covers the following areas:
- History and objectives of Part IV TPA, including current proposals for amendment
- Constitutional basis and application of the TPA
- Economic foundations including concepts of market, market power and competition
- Anti-competitive agreements, including price fixing, exclusionary provisions and provisions relating to joint ventures
- Misuse of market power
- Exclusive dealing
- Resale price maintenance
- Enforcement by the Australian Competition and Consumer Commission ("ACCC"), remedies available to private litigants and other relevant matters.
||70% (or 65% with class participation)
||30% (or 25% with class participation)
- S. Corones, Competition Law in Australia, 4th ed, Thomson, 2007
- Trade Practices Act 1974. This legislation is published by CCH, and in annotated versions by Law Book Company (Steinwall) or Butterworths (Miller)
Refer to the Course Outline which will be provided prior to the start of the relevant semester.