- Code LAWS8154
- Unit Value 6 units
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.
Upon successful completion, students will have the knowledge and skills to:
- Identify and explain the foundation principles of Australia’s National Competition Policy (“NCP”) and the role of the CCA in the NCP;
- Identify, interpret and explain the economic concepts behind the anti-competitive conduct prohibitions in Part IV of the CCA;
- Identify, critically analyse and apply the elements that must be satisfied in order to establish a contravention of Part IV of the CCA; and
- 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;
- 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;
- 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
- Apply research principles and methods to identify recent developments in competition law and critically reflect on the significance of those developments.
- Classes offered in non-standard sessions will be taught on an intensive period with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week.
Click here for the LLM Masters Program timetable (https://law.anu.edu.au/current-students/course-search )
- Assessment for this course will likely consist of: (null) [LO null]
- Take home exam 1 (50%) (50) [LO null]
- Take home exam 2 (50%) (50) [LO null]
- Students must rely on the approved Course Study Guide which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course. (null) [LO null]
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Workload26 hours of face to face teaching (4 day intensive). 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, teaching and completion of assessment) will not exceed 120 hours.
Click here for the LLM Masters Program timetable
Requisite and Incompatibility
Alex Bruce, Australian Competition Law, 4th edn: https://store.lexisnexis.com.au/products/australian-competition-law-4th-edition-skuaustralian_competition_law_4th_edition
Arlen Duke, Corones' Competition Law in Australia Seventh Edition: https://legal.thomsonreuters.com.au/corones-competition-law-in-australia-seventh-edition/productdetail/126776
Miller's Australian Competition and Consumer Law Annotated 43rd Edition 2021: https://legal.thomsonreuters.com.au/millers-australian-competition-and-consumer-law-annotated-43rd-edition-2021/productdetail/128956.
Competition and Consumer Act 2010: https://www.legislation.gov.au/Details/C2021C00528
Will be made available via Wattle 2 weeks before the commencement of the course on Wattle.
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you 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). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
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