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Competition in the Healthcare Industry (LAWS90085)
Graduate courseworkPoints: 12.5Not available in 2020
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.
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
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Governments strive to constrain runaway health care costs through competitive markets. This can be lucrative for private players and competition authorities are increasingly called upon to investigate commercial practices in the health care industry. The competition analysis must still take account of significant government and philanthropic service providers. Further, health care markets are susceptible to market failure due to information asymmetries, adverse selection, moral hazard and principal-agent problems. This subject explores the application of competition law to a broad range of such health care markets in the United States, Australia and New Zealand, with insights that will be generalisable to many other jurisdictions.
The teachers in the subject are from leading international law firm Jones Day and have many years of experience specialising in the application of competition law to the health care sector, advising clients and government agencies, and training government officials.
Principal topics include:
- Introduction to competition law and economic concepts in the context of the healthcare industry
- Health professionals and competition law
- Private health care facilities and competition law
- Public health care facilities and competition law
- Health insurance and competition law
- Competition issues arising from intellectual property protections and therapeutic good approval requirements
- Industry self-regulation and participation in government processes.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have the specialist knowledge and skills to be able to identify when competition law issues arise across the healthcare industry
- Have an advanced understanding of the types of business structures that could and are used in the healthcare industry and be able to delineate the boundaries of when competition law does/ does not apply
- Be able to perform a sophisticated assessment of competition law risks associated with particular conduct in the healthcare industry
- Have a sophisticated grasp on how healthcare related commercial and regulatory aims can be achieved in compliance with competition law
- Have the necessary tools to critically analyse and advise governments, regulators and commercial entities in the healthcare field on the full range of competition law issues relevant to their objectives and affecting their activities.
Last updated: 12 November 2022
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a relevant Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50063 | Competition Law | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Students will benefit from general background in competition law, either by way of prior studies or work experience.
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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 12 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 |
---|---|---|
Class participation | Throughout the teaching period | 10% |
Group hypothetical | 10% | |
Take-home examination
| 5 - 8 July | 80% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 12 November 2022
Quotas apply to this subject
Dates & times
Not available in 2020
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 12 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor Course Graduate Diploma in Health and Medical Law Course Master of Health and Medical Law Course Master of Commercial Law Course Graduate Diploma in Legal Studies Course Master of Laws Course Master of Competition and Consumer Law - 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.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 12 November 2022