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

Competition and Consumer Act 2010 (available online)

Alex Bruce, Australian Competition Law (LexisNexis Butterworths, 4th edition) (available online)

Other materials provided on Wattle (available online).

Recommended Resources

Corones' competition law in Australia / Arlen Duke (7th edn) (available online).

Miller's Australian Competition and Consumer Law Annotated 43rd Edition 2021 (available online).

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

Task submission times refer to Canberra time (AEST/AEDT).

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: 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: Market Definition Exercise
5	Concerted Practices and Joint Ventures Concerted Practice and Anticompetitive Agreements (Section 45) Joint Ventures	No workshop this week
6	Misuse of Market Power Economic theories of abuse of dominance Forms of Misuse of Market Power in Australia Section 46 of the CCA	Workshop: Hypothetical Problem on Cartels and Concerted Practice
7	Vertical Restraints Law of Exclusive Dealing Resale Price Maintenance	30 min workshop for LLB students only: Preparing a legal memo
8	Mergers and Acquisitions Economic Regulation of M&A: A Competition Law Perspective M&A regulation under CCPA 2010 Merger authorisation and informal clearance	Workshop: Apple Payments Problem
9	M&A (Continued from previous week) Natural Monopolies and Access Regimes Review of essential facilities doctrine and natural monopoly An overview of the Part III of the CCA and its legislative history Three specific regimes under Part IIIA	Workshop: Hypothetical Problem to Apply Section 50 of the CCA
10	Authorisation and Notification Regime Process for Authorisation and Notification under CCA Public benefit test for Authorisation/Notification Brief Overview of Class Exemptions	No workshop
11	Enforcement of Competition law in Australia Inspection powers of ACCC Investigative powers of the ACCC Cooperation and Immunity Policies: Cartels and Non-Cartels Public Enforcement of Competition Law – various orders, penalties etc. A Brief overview of private enforcement of competition law	Workshop: Hypothetical Problem to Apply the Net Public Benefit Test
12	Interface of Competition Law Competition Law and IP Competition Law and the Digital Economy	Workshop discussion: How do I apply my knowledge of competition law in practice? Any final queries regarding the course materials etc.

Tutorial Registration

No tutorial registration available, required, or expected. Please refer to ANU Timetabling for the schedule. Some weeks will combine live lectures (with a break in between) and 40-minutes of workshop/discussions, focusing on a problem question or policy problem highlighting critical aspects of competition law and policy in practice that will require proactive student engagement on real-world competition law and policy issues.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Quiz 1	10 %	25/03/2022	04/04/2022	1,2
Research Essay	30 %	21/04/2022	12/05/2022	1,2,3,4
Quiz 2	10 %	06/05/2022	23/05/2022	1,2
In-class Participation (Ongoing from Weeks 1 to 12)	10 %	*	30/05/2022	1,2,3
Final Assignment: Preparing a Legal Memo	40 %	08/06/2022	*	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.

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

Quiz 1

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% (20 questions)

Release: by 5pm, Wednesday 23 March 2022.

Duration: 1 hour. Once you log into the quiz, you will have 1 hour to complete it. The quiz will finish automatically after 1 hour. The quiz will finish automatically after 1 hour and any open attempts will automatically close and be submitted by the due date and time so please allow sufficient time to complete the quiz.

Due date: 9am, Friday 25 March 2022. 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 and Education Services 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: The mark for the quiz will be based on the number of correct responses.

Assessment Task 2

Research Essay

Brief Description: Students will be provided a choice of 3 topics for a research essay. The topic for the research essay will be released at the end of Week 3, once the student has been introduced to the basic concepts of competition law in class.

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

Weighting: 30%

Word Limits: 1200 words

Due date: 5pm, Thursday 21 April 2022. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated return date: 12 May 2022

Assessment Criteria: Marks for the research essay will be allocated to reflect:

• Student’s understanding of competition law and policy;
• Clear and concise response to the research question with demonstrated analysis and interpretation of relevant statutory provisions and case law;
• Originality and critical engagement with the research topic with demonstrated synthesis i.e. beyond textbooks and secondary materials;
• Compliance with AGLC referencing;
• Clarity and coherence of structure and argument.

Assessment Task 3

Quiz 2

Brief Description: This quiz will test the student’s understanding of competition law topics covered from Weeks 1 to 9 for an ongoing assessment of their understanding of competition law concepts, provisions and case law discussed in 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% (20 questions)

Release: 5pm, Wednesday 4 May 2022.

Duration: 1 hour. Once you log into the quiz, you will have 1 hour to complete it. The quiz will finish automatically after 1 hour. The quiz will finish automatically after 1 hour and any open attempts will automatically close and be submitted by the due date and time so please allow sufficient time to complete the quiz.

Due date: 9am, Friday 6 May 2022. 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 and Education Services 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: The mark for the quiz will be based on the number of correct responses.

Assessment Task 4

In-class Participation (Ongoing from Weeks 1 to 12)

Brief description: This component is based on the student's proactive participation in class exercises, workshops, discussions and the online public forum. Consistent failure to attend and participate in classes will result in a reduced mark. Marks are however based on quality rather than quantity of participation.

Nature of Task: Compulsory and non-redeemable. 

Weighting: 10%

Due date: Ongoing

Estimated return date: Participation marks will be updated on Wattle after the end of Week 12.

Assessment Criteria: Marks for participation will be allocated to reflect:

• Thoughtful reflection on Australian competition law as covered in the course content; inclusive of all relevant policy, legislation and economic concepts in ways that can be comprehended by peers and the course lecturer ;
• Demonstrated ability to analyse and interpret complex statutory provisions and case law interpreting them.

Assessment Task 5

Final Assignment: Preparing a Legal Memo

Brief Description: This assignment will require the student to work on a competition law problem faced by a hypothetical client, covering various areas of competition law covered in class, and preparing a legal memo for the client. A separate workshop is scheduled for the LLB students to provide tips on writing a legal memo in Week 7, which all LLB students must attend. The students will also be taken through different kinds of real-world competition law problems in workshop exercises and class discussions, which all LLB students are expected to attend on a regular basis. The problem will be released on 24 May 2022, 5 pm.

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: 40%

Word Limit: 2500 words.

Due date: 5pm, Wednesday 8 June 2022. 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:

• Ability to identify the most relevant competition law issues, the applicable provisions and case law that the client is facing or is likely to face in the given problem;
• Ability to interpret and demonstrate the application of these relevant provisions of Part IV of the CCA and relevant case law related to those client concerns;
• Additional research undertaken to identify relevant case law, jurisprudence etc. in relation to the problem;
• Ability to advise the client to improve internal corporate policies consistent with competition law in Australia and advice on any potential competition law disputes, remedies and enforcement under the CCA;
• Ability to present information and advice in a client-friendly manner that is easily accessible, clear, comprehensive, and well structured;
• Compliance with AGLC referencing

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 test or 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. 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.

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

As all assessment will be submitted online, all marks and feedback will also be provided online, instantaneously, in the case of the online quizzes, or on the return dates listed above, in the case of the essay and final take home examination.

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