This course is intended to provide students who have not previously studied competition law, with an introduction to the legal, economic and regulatory foundations of competition law and policy in Australia.  

This course will look at the way firms attempt to exercise market power or otherwise attempt to manipulate the market in order to eliminate or substantially lessen competition; to the detriment of consumers.  And it’s about how the Federal government attempts to prevent this sort of anticompetitive conduct through enforcement of the Competition and Consumer Act 2010 (Cth) (“the CCA”).  

But since firms are controlled by people, at another level, this course is really about greed for profit, lust for power, blatant manipulation, secret factions, ruthless betrayal, spiteful vengeance, high-handed arrogance, ludicrous corporate rationalizations, political farce and the occasional win for justice.

The last five years have seen an extraordinary amount of legislative change to Australia’s competition and consumer protection regimes and in 2010, the Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) (“the Amendment Act’) introduced the Australian Consumer Law.  Although the Amendment Act does not affect the restrictive trade practices regime, it did rename the former Trade Practices Act 1974 (Cth) (“the CCA”).

From 1 January 2011, the CCA was re-named as the Competition and Consumer Act 2010 (Cth) ("the CCA") and it is this legislation that will be explored in this course. In particular, it will focus on Part IV of the CCA; the Part that prohibits various forms of anticompetitive conduct.

 

Learning Outcomes

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

1. Identify and explain the foundation principles of Australia’s National Competition Policy (“NCP”) and the role of the CCA in the NCP;
2. Identify, interpret and explain the economic concepts behind the anti-competitive conduct prohibitions in Part IV of the CCA;
3. Identify, critically analyse and apply the elements that must be satisfied in order to establish a contravention of Part IV of the CCA; and
4. Critically examine, evaluate and use the principal case-authorities involving Part IV of the CCA to demonstrate master of knowledge and understanding of the way in which courts have interpreted the elements of Part IV of the CCA;
5. Identify, critically evaluate and apply to complex situations, the ways in which contraventions of the anticompetitive provisions of the CCA are addressed through the penalties and remedies in the CCA;
6. Interpret and critically evaluate the enforcement program of the Australian Competition and Consumer Commission (“the ACCC”) and the ways in which the ACCC seeks to ensure compliance with the CCA; and
7. Apply research principles and methods to identify recent developments in competition law and critically reflect on the significance of those developments.

Required Resources

Competition and Consumer Act 2010 (available online)

Alex Bruce, Australian Competition Law (LexisNexis Butterworths, 2018 edition) (available online)

Other materials provided on Wattle (available online).

Recommended Resources

Miller's Australian Competition and Consumer Law Annotated 43rd Edition 2021. 

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	The Economic Foundations of Competition Law Understanding the Microeconomic Foundations of Competition Law Theories of Competition Law Overview of Competition Law	No workshop this week
2	Overview of Competition Law in Australia Evolution of Competition Law in Australia Scope and Application of Competition Law in Australia Interaction of Common Law and Competition Law	Workshop topic: Political Paradigms in Competition Law
3	Demystifying Market Definition and Market Power Defining markets Determination of market power How to Evaluate Substantial Lessening of Competition	Workshop: Evaluating a Competition Law Case
4	The Law of Cartels ?What is a cartel and why are they prohibited? Cartel Provisions in the Competition and Consumer Act 2010 (Cth)	Workshop: Cartels Across the World (A Comparative Perspective)
5	The Law of Cartels and Other Horizontal Restraints ?Concerted Practice and Anticompetitive Agreements Enforcement against Cartels – civil and criminal liabilities Evidentiary burden	No workshop this week
6	Misuse of Market Power Economic theories of abuse of dominance Forms of Misuse of Market Power in Australia	Workshop: Competition and Facebook
7	Vertical Restraints Law of Exclusive Dealing Resale Price Maintenance	Workshop: Google Shopping Problem
8	Mergers and Acquisitions Economic Regulation of M&A: A Competition Law Perspective M&A regulation under CCPA 2010 Notification and assessment of mergers	Workshop: A study of a contemporary merger: How does the law apply?
9	Natural Monopolies and Access Regimes; Introduction to Competition Law Enforcement Introduction to the Essential Facilities Doctrine Access Pathways in Australia Policies and Procedures; Powers of the ACCC	No workshop
10	Enforcement of Competition law in Australia Authorisation and Notification Remedies Public enforcement and private actions	No workshop
11	Interfaces of Competition Law Competition law and intellectual property Competition Law in the Digital Economy	Workshop: Algorithmic Collusion Reflections
12	Competition Law: A Global Perspective ?Comparing Australian Competition law to Global Regimes (tbc: Practitioner) Introduction to International Competition Network	Workshop: Takeaways from Competition Law

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Multiple Choice Quiz	10 %	27/08/2021	*	1,3,4,5,6
Reflection Note	20 %	15/09/2021	01/10/2021	2,5,7
Research Paper	70 %	04/11/2021	*	1,2,3,4,6,7

* 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.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Assessment Task 1

Multiple Choice Quiz

Brief Description: This quiz will test the student’s understanding of competition law topics covered from Weeks 1 to 5 and will give a chance for immediate feedback on their learning of the course. Once a student starts the quiz, they will have 1 hour to complete it.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10% (10 questions)

Release: 9am, Wednesday 25 August 2021.

Due date: 9am, Friday 27 August 2021. 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 ANU College of Law student admin team. 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.

Estimated return date: After all eligible students have completed the quiz.

Assessment Criteria: Marks for the assignment will be allocated to reflect:

• Understanding of basic concepts of competition law;
• Understanding of theories of competition law;
• Understanding of topics covered between Weeks 1-5 on Part IV of the CCA and relevant case law;
• Ability to apply competition law to real-world problems. 

Assessment Task 2

Reflection Note

Brief Description: This take-home assignment will provide a chance to the students to provide their original reflections on their understanding and application of competition law. The topic for the reflection paper will be released on 6 September 2021.

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: 20%

Number of words: 1000

Due date: 5pm, Wednesday 15 September 2021. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated return date: 1 October 2021.

Assessment Criteria: Marks for the assignment will be allocated to reflect:

• Understanding of fundamental theories and concepts of competition law;
• Understanding of topics covered on Part IV of the CCA and relevant case law;
• Ability to make original reflections on competition law and policy;
• Structure and style of writing; AGLC Referencing.

Assessment Task 3

Research Paper

Brief Description: The research paper will provide the student a chance undertake extensive research in an area of their interest in Australian competition law, and to provide a highly detailed, informed perspective on the topic. Comparative topics are also welcome. The topic for the research paper will be decided based on a consultation with the course convenor either via zoom or email. The topic can be decided anytime in course of the semester, but it is the responsibility of the student to finalise the topic in consultation with the convenor latest by the end of Week 7, providing sufficient time for reflection, research, and writing. Any late decisions regarding the finalisation of topics will not qualify for any exemption for a late submission.

Number of words: 5000 words

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: 70%

Due date: 5pm, Thursday 4 November 2021. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated return date: Official end of semester results release date via Turnitin.

Assessment Criteria: Marks for the assignment will be allocated to reflect:

• An advanced understanding of competition law; 
• Independent research capabilities;
• AGLC referencing;
• Structure and style of writing;
• Originality and critical engagement with the research topic i.e. beyond textbooks and secondary materials. 

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

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. 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.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof.

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.

Returning Assignments

All assignments will be marked on Turnitin. Quiz will be automatically marked via Wattle.

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