Handbook home
Cartels (LAWS90064)
Graduate courseworkPoints: 12.5Online
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Term 4
Melbourne School of Professional and Continuing Education
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability | Term 4 - Online |
---|---|
Fees | Look up fees |
Cartel conduct is regarded as anathema to competitive markets and consumer welfare. Such conduct encompasses various forms of collusion or collaboration between competitors, the most serious of which involve fixing prices, diving markets, restricting output and rigging bids. These categories of collusion have been shown to raise prices, reduce quality and choice, and stifle business responsiveness and innovation. They are also hard to detect, prosecute and deter. Tougher anti-cartel laws and sanctions have been a high priority for competition authorities for at least the last decade. While there is a high degree of consensus around the world as to the core tenets of the prohibitions applicable to serious cartel conduct, there is a vigorous discourse amongst authorities, practitioners, business and academics regarding the most effective approaches to sanctioning and enforcement.
At the same time, not all agreements between business rivals are anti-competitive or detrimental to consumer welfare. Some, such as joint ventures or distribution agreements, may be driven by efficiencies or may be welfare-enhancing in other ways. Competition laws and their enforcement therefore need to distinguish between different types of conduct involving competitors based on their economic rationale and likely effects.
This subject refreshes and expands understanding of the economic principles relevant to collusion (or horizontal restraints) that were introduced in the first subject in the course (Foundations: Competition Law & Economics). Students examine critically and in-depth the main prohibitions and exemptions or defences that apply to cartel conduct and other types of collaboration between competitors. They explore who should be held liable for such conduct (companies and/or individuals) and what approaches are or should be taken to sanctioning (administrative and/or criminal). Finally, students explore and assess the effectiveness of the policies and tools that competition authorities deploy in detecting, prosecuting and deterring cartels, as well as learn about and analyse the vigorous debates that relate to private actions for damages arising out of such conduct.
Highlights of the subject include:
- Critical examination of the approaches taken to the design and application of cartel laws and sanctions, drawing on examples from different jurisdictions around the world;
- Use of the rich body of theoretical and empirical research relating to cartel conduct as well as analysis of actual cases and competition authority policy documents and guidelines to aid this examination; 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 anti-cartel rules.
Intended learning outcomes
On completion of this subject, students will have developed:
- An advanced knowledge of the economic principles, legal rules and enforcement approaches that apply to cartel conduct;
- Sophisticated cognitive and technical skills that equip them to critically analyse and assess anti-cartel laws and enforcement approaches;
- 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 |
---|---|---|---|
LAWS70050 | Global Cartel Law and Enforcement | No longer available |
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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Participation in and contributions to discussion board and tutorials | From Week 1 to Week 8 | 20% |
Mid-term assessment task (practical exercise) (max 5000 words)
| Week 5 | 40% |
Final assessment task (reflective essay) (max 5000 words)
| Week 9 | 40% |
Last updated: 3 November 2022
Dates & times
- Term 4 - Online
Principal coordinator Caron Beaton-Wells Coordinator Julie Clarke Mode of delivery Online Contact hours 80 hours Total time commitment 150 hours Pre teaching start date 5 October 2020 Pre teaching requirements During the pre-teaching period, students should familiarise themselves with the online platform and may like to take the opportunity to read through preliminary information about the subject and the services and support that is available to them. Students are encouraged to use this time to also introduce themselves to peers and teaching staff and to learn about those they will be studying with throughout the term. Teaching period 12 October 2020 to 6 December 2020 Last self-enrol date 6 October 2020 Census date 30 October 2020 Last date to withdraw without fail 20 November 2020 Assessment period ends 13 December 2020 Term 4 contact information
Melbourne School of Professional and Continuing Education
Contact: Professor Caron Beaton-Wells (Coordinator), Program Director, Global Competition and Consumer LawPhone: + 61 3 8344 0149Monday to Friday 8am to 9pm AEST/AEDT. Weekends and University of Melbourne observed Public Holidays 10am to 5pm AEST/AEDT.
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