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Campus: Kensington Campus
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Career: Postgraduate
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Units of Credit: 6
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Indicative Contact Hours per Week: 2
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Enrolment Requirements:
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36 UOC completed in Juris Doctor Program (9150)
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Excluded: LAWS8219, LEGT5531
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Description
This course is an in-depth examination of competition law. It examines Part IV of the Competition and Consumer Act (formerly the Trade Practices Act 1974 (Cth) (TPA), and the parallel state provisions of the Competition Code, including the provisions dealing with criminal liability for cartel conduct in some detail. The course does not address consumer protection. A prior knowledge of economics is not essential for this course.
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 - 20%
Research Essay 6000 words - 80%
Course Texts
- S. Corones, Competition Law in Australia, 5th ed, Thomson, 2010
- You will also need the Competition and Consumer Act 2011. This legislation is published by CCH, and in annotated versions by Law Book Company or Butterworths. These books are available in the UNSW Bookshop. The Act is also available on AUSTLII.
Recommended
Refer to the Course Outline which will be provided prior to the start of the relevant semester. |
