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Unilateral Conduct (LAWS90066)
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 1
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 1 - 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
None
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 | 10% |
Mid-term assessment task (practical exercise)
| Week 5 | 30% |
Group exercise
| Week 8 | 10% |
Final assessment task (reflective essay)
| Week 9 | 50% |
Last updated: 3 November 2022
Dates & times
- Term 1 - Online
Principal coordinator Rhonda Smith Mode of delivery Online Contact hours 80 hours Total time commitment 150 hours Pre teaching start date 27 January 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 3 February 2020 to 29 March 2020 Last self-enrol date 28 January 2020 Census date 21 February 2020 Last date to withdraw without fail 13 March 2020 Assessment period ends 5 April 2020 Term 1 contact information
Melbourne School of Professional and Continuing Education
Contact: Dr Rhonda Smith (Coordinator), former Commissioner, Australian Competition and Consumer CommissionPhone: + 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