This course will consider the role and function of the Competition and Consumer Act 2010 (Cth) (“the CCA”) in contributing to Australia's National Competition Policy.  On 1 January 2011, the former Trade Practices Act 1974 (Cth) was replaced by the CCA as part of the most significant review of the TPA was enacted in 1974.

While the amendments introduced by the Trade Practices Amendment (Australian Consumer Law) (No 2) Act 2010 (Cth) introduced the Australian Consumer Law, they did not change the anti-competitive provisions of the former TPA and these provisions continue to operate in Part IV of the CCA.

The CCA aims to preserve competition by prohibiting conduct that prevents or eliminates competition.  The course principally involves a consideration of the various anti-competitive trading practices that are prohibited by Part IV of the CCA and cartel conduct in particular.  The CCA is enforced by the Australian Competition and Consumer Commission (‘the ACCC') and significant civil penalties, criminal fines and even jail terms can be imposed for contraventions of the CCA.  In addition, private parties may seek a variety of remedies for loss or damage suffered as a result of a contravention of Part IV of the CCA. 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

Students who satisfactorily complete this course will be able to:
1. define, describe and apply in a coherent fashion an advanced knowledge of the NCP and Part IV of the CCA, and other ways in which the law regulates and enforces anti-competitive conduct, to provide solutions to complex problems with intellectual independence;
2.  analyse and interpret complex statutory provisions and case law interpreting them;
3. outline, summarise and/or synthesise a clear and coherent body of knowledge in ways that can be comprehended by peers and the course lecturer;
4. Plan and complete a research project, with some independence.

Examination Material or equipment

The final exam will consist of two equally-weighted problem questions. You will be permitted to take 2 A4 sheets of paper into the exam and you may write on both sides of these sheets of paper. You will also be permitted to take in the legislation. It must be unannotated. This means that you cannot write notes or case names or any sentences in the legislation itself. You can highlight, underline and tab the legislation. If you tab the legislation you may write the section numbers on the tabs, but nothing else.

Required Resources

Alex Bruce,: Australian Competition Law (, 3^nd ed, 2018, LexisNexis Butterworth’s, Sydney).   

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to course and admin matters; (i) Why regulate corporate behaviour to ensure competitive markets? (ii) What anticompetitive conduct looks like – examples from the case law;
2	Application of CCA to trading entities (i) Commonwealth and State Crown (ii) GBEs and Public – Private Partnerships (ii) Corporations and Unincorporated traders	Workshop - Analysing & Understanding Competition Law. Cases
3	Fundamental competition law economic Concepts (i) Principles of market definition (ii) Market power	Workshop - Anticompetitive conduct, the Crown and unincorporated entities
4	Fundamental competition law economic Concepts (i) Market definition and market power (ii) Substantial lessening of competition (iii) Relationship between market definition, market power and SLC	Workshop - Market definition and market power
5	Cartel Conduct - Part IV Division 1 (i) Civil and Criminal Cartel Regime (ii) Division 2 – s 45 concerted practices	Workshop - “Substantial Lessening of Competition”
6	Misuse of Market Power – s 46 (i) Non-price Strategies (ii) Price Strategies	Workshop - “Cartels & Concerted Practices”
7	Exclusive Dealing – s 47 (i) Full-line forcing (ii) Third-line forcing	Workshop - Misuse of Market Power
8	Vertical Price Fixing – s 48 (Resale Price Maintenance)	Workshop - Exclusive Dealing
9	Anticompetitive Mergers & Acquisitions – s 50	Workshop - Vertical Price Fixing (RPM)
10	Authorisation & Notification	Workshop Group - Anticompetitive Mergers & Acquisitions – s 50
11	Enforcement of the CCA (i) Role of the ACCC (ii) Investigation powers of the ACCC	Workshop Group - Past Exam Qs Practice
12	Private Remedies (i) Injunctions (ii) Damages	Workshop Group - Past Exam Qs Practice

Tutorial Registration

Tutorials (in this course 'workshops') will open on Wattle Site at 10:00 am on Wednesday 24 July 2019

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Summative Quiz	10 %	16/08/2019	16/08/2019	1,2,3,4,5
Case Note Research Paper	40 %	09/09/2019	26/09/2019	1,2,3,4
Examination	50 %	30/10/2019	28/11/2019	1,3,4,5
Workshop Attendance	0 %	25/10/2019	28/11/2019	1,2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using 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. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Examination(s)

Please note that the dates for the exam in the assessment summary are indicative only. Students should consult the examination timetable when it is finalised.

Assessment Task 1

Summative Quiz

Brief Description: This quiz is intended to test the knowledge that you will need to complete the case note analysis research paper. The quiz will take the form of approximately 20 multi-choice questions that cover the work completed up to the date of the quiz.

Nature of Task: Compulsory. Failure to complete the quiz will result in a 0 for this task.

Weighting: 10%

Release: 10:00 am on Wednesday 14 August via course Wattle Site

Due date: 11:59pm Friday 16 August via course Wattle Site. You will not be permitted to re-take the quiz or complete it outside of this window.

Estimated return date: Immediate - the quiz will automatically tally your results.

Assessment Criteria: Understanding of principles of first four weeks of lectures - market definition, competition, market power and SLC.

Assessment Task 2

Case Note Research Paper

Brief Description: This case note assignment invites you to locate, read and understand the relationship between several cases concerning competition law issues. The assignment will ask you to demonstrate that understanding by writing about this relationship by identifying and then analysing certain trends emerging from those cases that are relevant to the research question.

Nature of Task: Compulsory and non-redeemable. Failure to complete this task will result in a result of 0 for the task.

Weighting: 40%

Word limit: 1800 words

Release: 4:30 pm Friday 16 August via course WATTLE site

Due date: 4:00 pm Monday 9 September, 2019 via Turnitin and in hardcopy (see below). You will be required to electronically sign a declaration as part of the Turnitin submission of your assignment. Late submission (without an extension) is accepted, but late penalties will apply. No submissions (with or without extensions) will be permitted after the date for return (26 September).

Estimated return date: Marks for Case Notes will be available from Thursday 26 September 2019.

Assessment Criteria:

• Knowledge and use of correct authorities:10%
• Key authorities (cases and/or legislation) effectively used?
• Concise discussion of relationship of cases:15%
• Development of reasoned framework or simple assertion?
• Understanding of Legal and Economic principles in reaching
• Reasoned conclusions:10%
• Evidence of critical analysis or mostly descriptive?
• Organisation, Presentation and Structure: 5%
• Style, grammar and expression acceptable?
• Total:  40%

Assessment Task 3

Examination

Brief Description: This exam is intended to test your problem solving abilities by applying what you have learned about competition law throughout weeks 1-12 in analysing and solving two problem questions. It will take the form of a sit-down, written and invigilated exam conducted during the end of year exam period. Further and more specific instructions will be provided during the lectures toward the end of the course.

Nature of Task: Compulsory and non-redeemable. Failure to complete the exam will result in a mark of 0% for the exam.

Weighting: 50%

Duration: 30 minutes reading time, 120 minutes writing time (Total 150 minutes)

Due date: November exam period. Please note that the dates for the exam in the assessment summary are indicative only. Students should consult the examination timetable when it is finalised.

Permitted materials: The final exam will consist of two equally-weighted problem questions. You will be permitted to take 2 A4 sheets of paper into the exam and you may write on both sides of these sheets of paper. You will also be permitted to take in the legislation. It must be unannotated. This means that you cannot write notes or case names or any sentences in the legislation itself. You can highlight, underline and tab the legislation. If you tab the legislation you may write the section numbers on the tabs, but nothing else.

Estimated return date: After results are released via the Services Office

Assessment Criteria: Marks for each question of the exam will be allocated to reflect:

• Ability to define the legal issues required for resolution of the problem;
• Ability to identify statutory provisions of Part IV of the CCA relevant to the resolution of the problem;
• Ability to identify appropriate case-law relevant to the resolution of the problem
• Use of both statutory provisions and case law to develop resolutions to the problems.

Assessment Task 4

Workshop Attendance

Brief Description: Failure to attend at least 85% of the Workshops without medical documentation will result in a 5% penalty deducted from the overall result for the Course.

Nature of Task: Compulsory. Failure to attend sufficient workshops may result in a 5% deduction

Weighting: -5%

Due date: Ongoing.

Assessment Criteria: Attendance.

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students