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Cartels (LAWS90064)
Graduate courseworkPoints: 12.5Online
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
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About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Term 4
Email: continuing-education@unimelb.edu.au
Phone: + 61 3 8344 0149
Contact hours: https://unimelb.edu.au/professional-development/contact-us
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, dividing 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 in recent years. 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 considers the economic principles relevant to collusion (or horizontal restraints). 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: 31 January 2024
Eligibility and requirements
Prerequisites
None
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: 31 January 2024
Assessment
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 | 30% |
Final assessment task (reflective essay) (max 5000 words)
| Week 9 | 50% |
Last updated: 31 January 2024
Dates & times
- Term 4 - Online
Coordinator Julie Clarke Mode of delivery Online Contact hours 80 hours Total time commitment 150 hours Pre teaching start date 10 October 2022 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 17 October 2022 to 11 December 2022 Last self-enrol date 11 October 2022 Census date 4 November 2022 Last date to withdraw without fail 25 November 2022 Assessment period ends 18 December 2022 Term 4 contact information
Email: continuing-education@unimelb.edu.au
Phone: + 61 3 8344 0149
Contact hours: https://unimelb.edu.au/professional-development/contact-us
Additional delivery details
This subject is delivered completely online and there are no printed subject materials.
Last updated: 31 January 2024
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.
- 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