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Merger Regulation Under Competition Law (LAWS70347)
Graduate coursework level 7Points: 12.5Not available in 2018
You’re currently viewing the 2018 version of this subject
About this subject
Overview
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Drawing on Australian, United States and European Union cases and experience, this subject traverses the concepts and practice in assessing the competitive impact of mergers and acquisitions, joint ventures and other transactions. The subject lecturers cover both the theory and practical application of the legal and economic concepts involved.
Principal topics include:
- The analytical framework for merger review, covering concepts such as market definition, entry barriers, countervailing power, and imports and innovation, in the context of counterfactual analysis and potential unilateral and coordinated effects
- Economic models used in merger review
- The processes and regulatory responses in assessing, predicting and seeking to address potential anti-competitive effects
- Advocacy and the roles of stakeholders in a merger review
- Assessing special cases, such as joint ventures, failing firms, strategic and minority stakes, and creeping acquisitions
- The assessment of international transactions across several jurisdictions.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of Australian competition law as it is applied to mergers and acquisitions, and be able to compare it with the regulation and jurisprudence in the US and elsewhere
- Be able to critically examine, analyse, interpret and assess proposed mergers or acquisitions under Australian competition law
- Be an engaged participant in debate regarding proposals to consolidate Australian industry, and the appropriate regulatory and policy settings
- Have a sophisticated appreciation of how the ACCC may respond to proposed mergers or acquisitions in Australia
- Have an advanced understanding of how to compile and present effective submissions as to the likely competitive effects of a proposed merger or acquisition
- Have the technical skills to generate critical and creative approaches to assessing the competitive effects and counterfactual possibilities of proposed mergers and acquisitions in Australia, and to evaluate critically arguments and submissions put forward by transaction participants
- Have a sound understanding of the economic and business principles relevant to effective evaluation of the likely competitive effect of mergers and acquisitions
- Be able to demonstrate judgment as a practitioner in the field of competition law merger regulation in Australia.
Last updated: 3 November 2022