This course offers students a chance to build upon their existing understanding of competition law, economic and enforcement. A successful understanding of competition law in Australia involves mastering at least three interrelated disciplines which are covered in this course.
Firstly, competition law involves understanding both the “statute law” of the Competition and Consumer Act 2010 (Cth) (“the CCA”) as well the decisions of the common law Courts in interpreting the Act. However, the Act gives effect to government policies that create and support what the government considers to be the efficient functioning of markets.
Therefore a second discipline, absolutely central to understanding competition law, involves understanding the economic functioning of markets, market power, competition and the relationship between statute law, common law and economics. This relationship has not always been cordial. RK Eassie suggested that “as disciplines go, the two (law and economics) generally regard themselves as would two strange dogs with nothing in common, not liking each other, but not needing to fight because there are two lamp posts in the street.”
Finally, having a solid theoretical understanding of law and economics does not translate into an ability to practice competition law. Like any area of law, there are Rules of Court and decisions of the Federal Court concerning practice and procedure that determine how to plead competition law causes of action and how to conduct competition law litigation. Central to the enforcement and practice of competition law is the Australian Competition and Consumer Commission (‘ the ACCC’). The ACCC exercises a profound and important influence on how competition law and policy is enforced and this course will examine the role and enforcement powers of the ACCC in detail.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
By the conclusion of this course, it is intended that students who have successfully completed all of the course requirements should be able to:- Identify and explain advanced specialised understanding and knowledge of Australia’s National Competition Policy (“the NCP”), the role and function of the Competition and Consumer Act 2010 (Cth) (“the CCA”), the Australian Competition and Consumer Commission (“the ACCC), the Federal Court and other regulatory institutions in advancing the NCP;
- Analyse and critically examine the important economic policies and theories that inform the NCP and the anticompetitive provisions of the CCA, for example:
- To correctly employ economic principles in identifying markets and market power
- To demonstrate those principles in evaluating the effect of conduct in more complex circumstances;
- Synthesise and integrate:
- both economic theory and the legal requirements of the CCA to determine and resolve complex competition law issues; and
- legal theories of competition law into practical commercial enforcement scenarios involving the enforcement powers and policies of the ACCC;
- Independently critically research and evaluate solutions to more complex competition law, economic, legal and enforcement issues, through interdisciplinary learning; and
- Independently communicate with competition law specialists with confidence to describe, justify and interpret to non-specialists, the principles of competition law, economics and enforcement.
Other Information
This is an intensive course with a 4 day compulsory intensive (see LLM timetable for dates).Approximately 6 weeks from the completion of the intensive your final assessment will be due. Contact with fellow students and the convenor, both prior to the intensive and after, is conducted via the Wattle course site.
Indicative Assessment
Assessment for this course will likely consist of:- A research essay on the economic material covered in the first weekend of the course: (50%) – learning outcomes 1, 2 and 3
- An assessment piece in the form of a problem question in respect of the legal material covered in the second weekend of the course: (50%) – learning outcomes 1-5, especially 4 and 5
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
26 hours of face to face teaching (4 day intensive). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.Click here for the LLM Masters Program timetable
Requisite and Incompatibility
Prescribed Texts
The prescribed text for this subject is: Alex Bruce: Australian Competition Law, 2nd ed, 2013, LexisNexis Butterworths, Sydney;Preliminary Reading
Students will also be working with the Competition and Consumer Act 2010 (Cth) (“the CCA”). Because of the significant amount of recent legislative amendment it is absolutely crucial that students work with at least a 2013 edition of the CCA.
PDF copies
of the most recent version of the CCA will be made available on the course Wattle
site. However annotated copies of the
CCA are available.
Students must rely on the approved Course Study Guide which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course.
An e-brick will be available on the Wattle course site.
Assumed Knowledge
It will be assumed that students have a basic knowledge of Competition Law and Economics and will have either completed Competition Law as part of their undergraduate degree or have completed “LAWS 8124 Principles of Competition Law” or equivalent.
Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2017 | $3420 |
- International fee paying students
| Year | Fee |
|---|---|
| 2017 | $4878 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
