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:

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; and
4. Plan and complete a research project, with some independence.

Required Resources

Alex Bruce,: Australian Competition Law (3^rd 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 Why regulate corporate behaviour to ensure competitive markets? What anti-competitive conduct looks like – examples from case law
2	Application of CCA to trading entities (i) Commonwealth and State Crown (ii) SOEs (iii) Corporations and unincorporated traders	Understanding a competition law case: ACCC v Australian Egg Corporation Group A: Thursday 24 September 2:00-3:30pm (RB) Group B: Thursday 24 September 5:00-6:30pm (PT)
3	Fundamental competition law economic concepts (i) Market definition (ii) Market power	Tutorial: Application of competition law to Crown, SOEs, corporations and unincorporated traders Group A: Monday 28 September 1:00-2:30pm (RB) Group B: Monday 28 September 5:00-6:30pm (PT)
4	Fundamental competition law economic concepts (i) Substantial lessening of competition (ii) Relationship between market power, market definition and SLC	Tutorial: Market Definition Group A: Thursday 1 October 2:00-3:30pm (RB) Group B: Thursday 1 October 5:00-6:30pm (PT)
5	Cartel Conduct (i) Part IV, Division I – civil and criminal cartel regime (ii) Part IV, Division 2 – section 45	Tutorial: SLC Group A: Monday 5 October 2:00-3:30pm (RB) Group B: Monday 5 October 5:00-6:30pm (PT)
6	Misuse of Market Power (i) Non price strategies (ii) Price strategies	Tutorial: Cartels Group A: Thursday 8 October 2:00-3:30pm (RB) Group B: Thursday 8 October 5:00-6:30pm (PT)
7	Exclusive Dealing (i) Full line forcing (ii) Third line forcing	Tutorial: Misuse of Market Power Group A: Monday 12 October 2:00-3:30pm (RB) Group B: Monday 12 October 5:00-6:30pm (PT)
8	Vertical Price Fixing Resale Price Maintenance	Tutorial: Exclusive Dealing Group A: Thursday 15 October 2:00-3:30pm (RB) Group B: Thursday 15 October 5:00-6:30pm (PT)
9	Anticompetitive Mergers & Acquisitions – s 50	Tutorial: RPM Group A: Monday 19 October 2:00-3:30pm (RB) Group B: Monday 19 October 5:00-6:30pm (PT)
10	Authorisation and Notification	Tutorial: Mergers Group A: Thursday 22 October 2:00-3:30pm (RB) Group B: Thursday 22 October 5:00-6:30pm (PT)
11	Enforcement of CCA (i) Role of the ACCC (ii) Investigation powers of ACCC	Revision Tutorial Group A: Monday 26 October 2:00-3:30pm (RB) Group B: Monday 26 October 5:00-6:30pm (PT)
12	Remedies (i) Penalties (ii) Injunctions (iii) Damages	Revision Tutorial Group A: Thursday 29 October 2:00-3:30pm (RB) Group B: Thursday 29 October 5:00-6:30pm (PT)

Tutorial Registration

Tutorial registration information will be available on Wattle

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Tutorial Participation	10 %	*	03/12/2020	1,2,3
Quiz	30 %	13/10/2020	*	2,3
Take-home Research Assignment	60 %	30/10/2020	03/12/2020	1,2,3,4

* 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 Academic Integrity . 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

Tutorial Participation

Details of Task: tutorial participation is designed to develop learning objectives 1-3 with an emphasis on oral communication. This is also an essential skill you should develop throughout your law degree – being able to articulate the principles of law you are learning. 

The idea here is that you will receive marks for being ‘on-deck’ for a particular week of tutorial participation, as well as marks for participating generally in tutorials. Students must sign up to be 'on-deck' for a particular week of classes. On-deck sign-up will be opened on Monday, September 21st (check WATTLE site for details). Students who are ‘on-deck’ should be in a position to respond to questions from their seminar leader and to take a leading role in class discussion. However, this contribution is not intended to exclude the participation of others. You will receive a mark out of 5 for your ‘on-deck’ performance, and a mark out of 5 for your overall class participation performance. These marks will then be converted into an overall mark out of 10. 

Nature of Task: compulsory. Students who do not sign up to be ‘on-deck’ will receive a grade of 0 for this task.

Value or weighting: 10%.

Due date: Ongoing.

Estimated return Date: at the conclusion of the course (WATTLE)

Assessment Criteria:

• identify the relevance of contributions to themes developed in class and in assigned readings;
• are accurate in their contributions;
• are clear in their expression and make persuasive arguments;
• contribute to fostering discussion;
• encourage and respect others’ contributions;
• make contributions of quality, rather than quantity

Assessment Task 2

Quiz

Details of Task: Students must answer 20 multiple choice to be completed within 90 minutes. The questions will focus on the topics covered in the first three weeks of the course.

Nature of the task: Compulsory. Failure to participate will result in 0 marks for this task. If you experience unavoidable and extenuating circumstances and cannot sit the quiz at the due date and time, you should apply for an extension to the College of Law student admin team here:

https://law.anu.edu.au/forms/assessment-extension-request

The College will give you one opportunity to sit the quiz, at the same time one week later. This will be your final opportunity to sit the quiz. 

Weighting: 30%

Release: Monday 12 October 2020 at 9 am

Due Date: Tuesday 13 October 2020 at 9am (students will have a 24 hour window to sit this test, which you will have 90 minutes to complete)

Return Date: Once all students have completed the quiz

Assessment Criteria:

• Understanding and application of relevant law and concepts

Assessment Task 3

Take-home Research Assignment

Brief Description: This take-home assignment is intended to test your problem solving abilities by applying what you have learned about competition law throughout the course in analysing and solving one or two problem questions. It will also include a research component. 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 take-home assignment will result in a mark of 0 for the assignment.

Weighting: 60%

Due date: Friday 30 October 2020 at 5 pm. Late submissions will be accepted, but a mark penalty will be imposed.

Estimated return date: After results are released via Turnitin

Assessment Criteria: Marks for the assignment 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
• Research
• Structure and presentation
• Consistency of referencing with AGLC requirements.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

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. Extensions may be granted 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