Cartels (LAWS90064)
Graduate courseworkPoints: 12.5Online
About this subject
Contact information
October
Teaching staff:
Julie Clarke (Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | October - 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.
Important note on delivery
The teaching and learning activities in LAWS90074 Cartels run online across an 8-week extended study period.
This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 optional and essential live online classes delivered by the subject coordinator.
Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities.
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: 4 March 2025
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 taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
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: 4 March 2025
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)
| Week 5 | 40% |
Final assessment task (reflective essay)
| Week 9 | 40% |
| Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- October - Online
Coordinator Julie Clarke Mode of delivery Online Contact hours 5-10 Total time commitment 150 hours Pre teaching start date 6 October 2025 Pre teaching requirements During the pre-teaching period, students should familiarise themselves with LMS Canvas, review preliminary information about the subject introduce themselves to their peers and teaching staff. Teaching period 13 October 2025 to 7 December 2025 Last self-enrol date 7 October 2025 Census date 24 October 2025 Last date to withdraw without fail 21 November 2025 Assessment period ends 14 December 2025 October contact information
Teaching staff:
Julie Clarke (Coordinator)
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Delivery
Each week, students work their way through the Modules (there are 8 Modules in total), and participate in discussion board activities moderated by the Subject Coordinator.
Make sure to check the LMS Canvas for up-to-date information on expectations around participation in discussion board activities and attendance at the live webinars.
Enrolment and waitlists
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025