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Competition Law - LAWS4019
Basser Steps

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

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.


LLM Specialisations

Corporate and Commercial Law; Corporate, Commercial and Taxation Law.

Recommended Prior Knowledge

None

Course Objectives

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

Main Topics

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
  • Mergers
  • Enforcement by the Australian Competition and Consumer Commission ("ACCC"), remedies available to private litigants and other relevant matters.

Assessment

Class participation Optional 10%
Essay 5,000 words 70% (or 65% with class participation)
Case note 2,000 words 30% (or 25% with class participation)
 

Course Texts

Prescribed

  • 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)

Recommended
Refer to the Course Outline which will be provided prior to the start of the relevant semester.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.