• Offered by Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Mode of delivery In Person
  • Offered in Spring Session 2015
    See Future Offerings

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:

Students who successfully complete Advanced Principles of Competition Law will:

  1. Have an advanced and specialised understanding 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;
  2. Understand the important economic policies and theories that inform the NCP and the anticompetitive provisions of the CCA.  These include correctly employing economic principles in identifying markets, market power and then using those principles to evaluate the effect of conduct in more complex circumstances;
  3. Successfully integrate both economic theory and the legal requirements of the CCA  resolve complex competition law issues;
  4. Integrate economic and legal theories of competition law into practical commercial enforcement scenarios involving the enforcement powers and policies of the ACCC;
  5. Independently and critically research solutions to more complex competition law, economic, legal and enforcement issues, through interdisciplinary learning;
  6. Independently interact with competition law specialists with confidence and interact and instruct non-specialists in the principles of competition law, economics and enforcement.

Other Information

For the dates of the intensive please go to the LLM Masters Program page.

Indicative Assessment

Students must rely on the Course Study Guide which will be available on the Wattle site approximately 4 weeks prior to the commencement of the course.

1.    A research essay in respect of the economic material that will be covered in the first weekend of the course.  It will be worth 50% of the available marks for the course; and

2.    A take home exam in the form of a problem question in respect of the legal material that will be covered in the second weekend of the course.  It will also be worth 50% of the available marks for the course.

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Workload

24 contact hours of face to face teaching over 4 days.  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, intensive and completion of assessment) will not exceed 120 hours.

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specilising in International Law (7300SINTL), Master of Laws specilising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Diplomacy/Master of International Law (7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Practice (MLEGP), Master of Legal Studies (7305XMLEGS), and have completed LAWS8124 Competition Law Enforcement. OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and LAWS2250 International Law or LAWS6250 International Law OR Must be studying a Graduate Certificate of Law (CLAW) and have completed or be completing LAWS8124 Competition Law Enforcement and LAWS8586 Law and Legal Institutions.

Prescribed Texts

The prescribed text for this subject is:  Alex Bruce: Australian Competition Law, 2nd ed, 2013, LexisNexis Butterworths, Sydney;

Preliminary Reading

A Course Study Guide will be available on the Wattle course site approximately 4 weeks from the commencement of the course.

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.

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
Domestic fee paying students
Year Fee
2015 $2958
International fee paying students
Year Fee
2015 $4146
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

Spring Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
1623 25 Sep 2015 25 Sep 2015 09 Oct 2015 14 Nov 2015 In Person N/A

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