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Unilateral Conduct (LAWS90066)
Graduate courseworkPoints: 12.5Online
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Term 2
Dr Rhonda Smith (Coordinator), former Commissioner, Australian Competition and Consumer Commission
Term 3
Dr Rhonda Smith (Coordinator), former Commissioner, Australian Competition and Consumer Commission
Overview
Availability | Term 2 - Online Term 3 - Online |
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Fees | Look up fees |
One of the means by which firms may behave anti-competitively is by engaging in unilateral conduct that damages the competitive process and consumer welfare. Such conduct may be described in various ways in different jurisdictions, including as monopolisation, abuse of dominance or misuse of market power. However, the rules that apply to it share a common aim, namely to target conduct by firms with market power that is likely to harm competition and reduce consumer welfare.
Anti-competitive unilateral conduct generally involves conduct by a firm that has substantial or monopoly/monopsony power in a market and uses that power to implement a strategy that is likely to harm competition. Debates and divergence between jurisdictions in relation to unilateral conduct relate to the level of power that should trigger legal prohibitions, the types of strategies that are likely to have anti-competitive effects and how such effects should be established and assessed. In recent years, such debates have focussed on conduct by large firms in the information technology sector.
This subject explores the approaches used by competition authorities to address anti-competitive unilateral conduct. Differences in approach between jurisdictions are critically analysed. Building on learning in previous subjects, the subject examines what is meant by unilateral market power and the conditions that enable unilateral power to be used to implement an anti-competitive strategy. Unilateral conduct that gives rise to a competition concern may take various forms, the most common categories of which are analysed in detail in this subject. Such categories include conduct involving refusals to supply and predatory pricing. However, a difficulty in addressing anti-competitive behaviour of this type is that it is not readily distinguishable from highly aggressive competition. Given this, various tests that have been used and the evidence relevant to making this distinction are examined. Seminal decisions by competition authorities and courts as well as industry case studies are used to provide insights into the competition analysis of unilateral conduct.
Highlights of the subject include:
- Critical examination of the approaches taken to the design and application of unilateral conduct laws, drawing on examples from different jurisdictions around the world;
- In-depth case studies of unilateral conduct in a range of industry sectors with a view to ensuring students can properly analyse the rationales for such conduct and assess their likely effects on competition; and
- Insights and perspectives from leading stakeholders such as competition authority officials and practitioners to assist students in grappling with the challenges posed by the design and enforcement of unilateral conduct rules.
Intended learning outcomes
On completion of this subject, students will have developed:
- Advanced knowledge of the economic principles, legal rules and enforcement approaches that apply to unilateral conduct;
- Sophisticated cognitive and technical skills that equip them to critically analyse and assess the competitive effects of unilateral conduct;
- A capacity to use the knowledge and skills students have gained in the subject in a way that demonstrates effective autonomy, judgment, adaptability and responsibility as an expert learner and practitioner in the field of global competition and consumer law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
LAWS90065 Foundations: Competition Law and Economics may not be required for students enrolled in the on campus Melbourne Law Masters program who have substantial competition law-related economics in their background, either by way of prior studies and/or relevant work experience.
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS90065 | Foundations: Competition Law & Economics |
Term 1 (Online)
Term 3 (Online)
|
12.5 |
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70029 | Market Power and Competition Law | Not available in 2024 |
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.
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
- Participation in and contributions to discussion board and tutorials, Throughout term: weeks 1-8 (20%)
- Mid-term assessment task (practical exercise) (max 4000 words), Week 5 (30%)
- Final assessment task (reflective essay) (max 6000 words), Week 9 (50%)
Last updated: 3 November 2022
Dates & times
- Term 2 - Online
Principal coordinator Rhonda Smith Mode of delivery Online Contact hours 80 hours Total time commitment 150 hours Pre teaching start date 3 April 2017 Teaching period 10 April 2017 to 4 June 2017 Last self-enrol date 4 April 2017 Census date 28 April 2017 Last date to withdraw without fail 19 May 2017 Assessment period ends 9 June 2017 Term 2 contact information
Dr Rhonda Smith (Coordinator), former Commissioner, Australian Competition and Consumer Commission
- Term 3 - Online
Principal coordinator Rhonda Smith Mode of delivery Online Contact hours 80 hours Total time commitment 150 hours Pre teaching start date 10 July 2017 Teaching period 17 July 2017 to 10 September 2017 Last self-enrol date 11 July 2017 Census date 4 August 2017 Last date to withdraw without fail 25 August 2017 Assessment period ends 15 September 2017 Term 3 contact information
Dr Rhonda Smith (Coordinator), former Commissioner, Australian Competition and Consumer Commission
Time commitment details
150 hours Students are expected to log into the LMS and familiarise themselves with the subject, layout, navigation, activities, readings and assessments the week before formal teaching begins. Students will not be expected to complete any set tasks but will be encouraged to make a start on readings for the module if they so choose.
Additional delivery details
This subject is delivered completely online and there are no printed subject materials.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
There are no specifically prescribed or recommended texts for this subject.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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.
Last updated: 3 November 2022