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Global Cartel Law and Enforcement (LAWS70050)
Graduate coursework level 7Points: 12.5Not available in 2017
Overview
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Around the world cartel conduct is singled out as the most serious form of anti-competitive behaviour and the most challenging for legislators, competition authorities and businesses to address. The OECD has referred to cartels as ‘the supreme evil of antitrust.’ There are vigorous debates taking place in Australia and internationally about the scope and effectiveness of cartel laws, enforcement policies and sanctions. Taught by experts in the field from Australia and the United Kingdom, this subject explores these debates in depth and from the perspectives of the various stakeholders in the field. The subject draws on case studies and compares the approach and experience in the US, Australia, UK and the European Union. Given the international nature of this field of practice, this subject will be relevant both to Australian and international students, and will provide students with deep expertise in this specialised and demanding area of competition law and enforcement. This subject will feature guests who are leaders in the field from the profession and the Australian Competition and Consumer Commission.
Principal topics include:
- The economics of collusion
- Defining and proving collusion
- Standards of liability for cartel conduct
- Exceptions and defences for cartel conduct
- Corporate and individual liability for cartel conduct
- Sanctions for cartel conduct (criminal and civil)
- Enforcement policies (including immunity and leniency policies)
- Private enforcement (damages)
- Compliance.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the key economic principles and theories underpinning laws against cartel conduct
- Have a detailed and sophisticated understanding of the legal rules governing cartel conduct, including prohibitions and exemptions, in Australia, the United States and European Union – including the main similarities and differences between the laws in these jurisdictions
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules, both in terms of their substance and their form of drafting
- Be able to critically assess enforcement policies of competition authorities relating to cartel conduct, including immunity and leniency policies, from the perspectives of authorities and businesses
- Be an engaged participant in national and international discourse regarding emerging and contemporary issues in the field of cartel law and enforcement and contribute in a sophisticated way to law and enforcement reform debates
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to cartel laws and enforcement
- Have the communication skills to clearly articulate and convey complex information regarding cartel laws and enforcement to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of cartel law and enforcement.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
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LAWS50063 | Competition Law |
Summer Term (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
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12.5 |
Corequisites
None
Non-allowed subjects
None
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 (5,000-6,000 words) (90%)
or - 7,000 word research paper (90%) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2017
Time commitment details
136-150 hours 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
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- 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