LAWS6035

Competition Law and Policy

10 Units

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) (Act). It also focuses on advanced analysis and evaluation of the economic and political theoretical underpinnings of competition law in Australia and in international contexts.

Faculty Faculty of Business and Law
School Newcastle Law School
Availability Semester 2 - 2015 (Callaghan Campus)
Learning Outcomes

On successful completion of this 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 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:

 

  1. Cartels,
  2. Misuse of Market Power,
  3. Exclusive Dealing,
  4. Resale Price Maintenance,
  5. Mergers and Acquisitions
  6. Authorisations and Notifications and the practical application of each on the business of firms.

 

  1. Appropriate enforcement powers and remedies available to the ACCC and other affected parties.
Assumed Knowledge For Newcastle Juris Doctor/Graduate Diploma in Legal Practice Students: LAWS6004A and LAWS6004B Contracts
Assessment Items
  • Report: Research Paper
  • Online Learning Activity: Reflective Blog
  • Presentation: Individual presentation on research or moot presentation
Contact Hours
  • Seminar: for 2 hour(s) per Week for Weeks
Timetable 2015 Course Timetables for LAWS6035

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