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  3. Australian Merger Law

Australian Merger Law (LAWS90287)

Graduate courseworkPoints: 12.5Online

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Overview

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July - Online
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This subject will provide students with an in-depth understanding of the legal rules and economic principles underpinning the review of mergers and acquisitions in Australia. Around the world merger law is topical, with concerns about increased concentration and acquisition of potential start-up competitors, particularly in the fast-evolving digital space. In this subject you will examine how the competitive effects of different types of mergers are assessed in Australia, including the circumstances in which mergers may be authorised. We will examine the processes involved in merger review, as well as the penalties for contravention. The subject will also examine proposals for reform of Australia’s merger review laws and processes. As the Australian Competition and Consumer Commission (ACCC) continues to advocate for substantial changes to our nation's merger laws, this subject presents a unique opportunity to delve into the nuances of Australian merger law's current and potential future application. 

Principal topics will include: 

  • Merger law and processes 
  • The economics and analysis of horizontal, vertical, conglomerate and digital mergers and ecosystems 
  • Authorisation of mergers in Australia and other merger remedies Merger reform proposals 
  • Merger reform proposals 

Intended learning outcomes

A student who has successfully completed this subject should be able to

  • Analyse and explain the key characteristics of Section 50 of the Competition and Consumer Act, as well as alternatives to Section 50 for addressing mergers
  • Identify and discuss the factors which are the basis for determining whether a merger substantially lessens competition
  • Critically discuss the basis on which penalties would be awarded in cases of contravention of Australian merger law
  • Deploy the practical skills and competencies required in assessing a merger under Australian merger law

Generic skills

  • Sophisticated ability to evaluate and synthesise existing knowledge in the area of Australian merger law.
  • Substantial capacity to communicate complex ideas, orally and in writing to specialist and non-specialist groups.
  • Identify and apply relevant information, concepts and theories in the field of Australian merger law.
  • Highly developed problem-solving abilities, including through the collection and evaluation of information applying interdisciplinary sources and perspectives to Australian merger law.
  • Highly developed capacity for self-directed learning, organisation and time management.
  • Have an advanced and integrated understanding of the complex body of knowledge relevant to the field of Australian merger law, including the economic theories, policies and principles that underpin and influence policy and law in this field.

Last updated: 2 June 2024