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Market Power and Competition Law (LAWS70029)
Graduate coursework level 7Points: 12.5Not available in 2017
Overview
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Market power is a pivotal concept underpinning the competition and access provisions of competition legislation—in Australia, the Competition and Consumer Act 2010 (Cth)—as well as corresponding provisions of competition laws worldwide. Prohibitions against misuse of market power (or abuse of dominance in other jurisdictions) involve a complex combination of legal and economic principles, an understanding of which gives considerable insight into many other aspects of competition law and policy. This subject provides a detailed and sophisticated examination of the regulation of market power, using the Australian experience as illustrative with European and American examples used as points of comparison. It focuses upon practical implications for industries in which market power has been an issue (eg telecommunications, supermarkets, aviation). The lecturers, a lawyer and an economist, each have considerable practical experience acting for and against the competition regulator, as well as a strong academic track records in the field.
Principal topics include:
- What is market power and when does it arise?
- Legal principles and economic theory
- Measurements of market power
- The relationship between misuse of market power and the access regime
- Recent amendments to predatory pricing provisions and ongoing reform agendas
- Strategic behaviour and misuse of market power
- Structural remedies and market design issues
- Industry case studies such as telecommunications, supermarkets and aviation.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding the current law set out in the Competition and Consumer Act 2010 (Cth) on the misuse of market power
- Have a sophisticated understanding of the legal and economic theory behind the concepts of market power and abuse of market power
- Be able to critically examine, analyse, interpret and assess the effectiveness of the legal rules pertaining to market power
- Have an advanced understanding of other means by which market power is managed or regulated in Australia, and an appreciation of how those measures relate to the prohibition against misuse of market power
- Be an engaged participant in debate regarding various reform proposals to Australia’s system for regulating market power, whether industry-specific or of general application
- Have some insight into the regulation of market power in other jurisdictions, enabling an informed assessment of the strengths and weaknesses of the Australian regime
- Have the cognitive and technical skills to consider the prohibition against misuse of market power in a commercial context so as to be able to advise clients on compliance and potential liability
- Have the cognitive and technical skills to independently examine, research and analyse market power issues
- Have the communication skills to clearly articulate and convey complex information regarding market power to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of market power.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS90066 | Unilateral Conduct |
Term 2 (Online)
Term 3 (Online)
|
12.5 |
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class participation (10%)
- Take-home examination (45%)
- 5,000 word research paper (45%) on a topic approved by a subject coordinator.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2017
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Competition and Consumer Law Course Graduate Diploma in Legal Studies Course Master of Commercial Law Course Master of Competition and Consumer Law Course Master of Laws - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022