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Competition Law (LAWS50063)
Graduate coursework level 5Points: 12.5Dual-Delivery (Parkville)
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About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | Semester 1 - Dual-Delivery |
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Fees | Look up fees |
Competition Law concerns the preservation and promotion of competition in Australia. As a critical component of micro-economic policy, this field of law is underpinned by economic theory and is primarily (though not exclusively) driven by economic goals. The subject covers the way in which anti-competitive practices are regulated at common law before focusing on Part IV of the Competition and Consumer Act 2010 (Cth). In particular, the regulation of:
- Mergers and acquisitions;
- Misuse of market power;
- Horizontal restraints such as cartels, anti-competitive agreements and concerted practices; and
- Vertical restraints such as exclusive dealing and resale price maintenance.
It also addresses the policies and practices involved in enforcing competition law. Reform of competition law and policy will also be discussed.
The subject not only ensures that students have an advanced understanding of the technical aspects of this legal specialty, but also that they are able to critically analyse the law from both policy and practical perspectives.
The subject also introduces students to an interdisciplinary approach in the study of law, through the introduction and application of economic concepts and theories in a legal context.
While it canvasses the policy objectives and challenges of competition regulation, the subject is also applied in its orientation in that it encourages students to explore the practical applications of the law in the context of real-life trade and commerce.
The subject also integrates comparative experience and insights from major overseas jurisdictions such as the United States and European Community, as well as from the developing field of international competition law.
Students are also given insights into the practical experiences and perspectives of those who work in competition law.
Intended learning outcomes
On successful completion of this subject, students will have:
An integrated understanding of the following specialised topics:
- the differences between common law and statutory regulation of anti-competitive practices.
- the policy objectives in legislating to control anti-competitive practices.
- the relevance of economic concepts and theories in regulating competition in the market-place and the role of economic evidence in litigating and adjudicating matters under the Competition and Consumer Act 2010.
- the issues that arise in defining the conduct that should be subject to legal regulation for competition purposes and in applying the law in specific situations.
- the roles played by regulatory authorities and the courts in enforcing the competition provisions of the Competition and Consumer Act 2010 and the controversies that arise in connection with enforcement practices and outcomes.
Additionally, students will have:
- the ability to critically assess the practical advantages and disadvantages of legal regulation of business practices and the impact on business of enforcement policies and practices.
- a sophisticated insight into the political dimensions of competition regulation and their consequences for the content and enforcement of the law.
- an advanced ability to undertake statutory interpretation and case analysis through the experience of construing the complex provisions of the Competition and Consumer Act 2010 and reviewing the cases in which those provisions have been applied.
- developed specialised skills in oral communication and in particular, in the articulation at a sophisticated level of arguments and views concerning the subject material.
- through the assessment by examination, demonstrated a clear ability to construct and communicate in writing a sophisticated argument based on understanding the facts, identifying the issues, analysing the applicable law and applying the law to the facts in a way akin to the process undertaken by competition lawyers in practice.
Generic skills
On completion of the subject, students should have developed their skills in the following ways:
- Specialist understanding, interpretation, critical reflection, synthesis and comparison of the statutory text governing competition law in Australia;
- Specialist understanding, interpretation, critical reflection, synthesis and comparison of cases relating to competition law and enforcement in Australia;
- Analysing, comparing and reflecting critically on policy documents relating to competition law and enforcement in Australia;
- Critically evaluating proposals for reform of Australian competition law and enforcement having regard, amongst other things, to international comparisons;
- Formulating and articulating views on difficult technical issues relating to competition law and enforcement in oral discussion in class, in a manner displaying the development of professional judgment; and
- The capacity to grasp a new set of facts, identify the legal/economic problem that arises on the facts, and identify and apply the relevant law in response to the problem, showing the kind of professional expertise and judgment of the kind that would be required in practice as a competition lawyer.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Take-home examination
| During the examination period | 100% |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- Semester 1
Coordinator Wendy Ng Mode of delivery Dual-Delivery (Parkville) Contact hours Students are expected to attend all sessions whether participating on-campus or remotely. Total time commitment 144 hours Teaching period 28 February 2022 to 29 May 2022 Last self-enrol date 11 March 2022 Census date 31 March 2022 Last date to withdraw without fail 6 May 2022 Assessment period ends 24 June 2022
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
- Competition and Consumer Act 2010 (available online);
- Specialist materials will be made available via the LMS.
Recommended texts and other resources
- Alex Bruce, Australian Competition Law (LexisNexis Butterworths, 3rd edition);
- R V Miller, Miller’s Australian Competition and Consumer Law Annotated (Thomson Reuters, 2020 edition);
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - 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: 31 January 2024