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Competition Law - JURD7419
 Basser Steps

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
36 UOC completed in Juris Doctor Program (9150)
 
 
Excluded: LAWS8219, LEGT5531
 
 
CSS Contribution Charge:Band 3 (more info)
 
   
 
Further Information: See Class Timetable
 
  

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

Prescribed

  • 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.

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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.