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Unilateral Conduct (LAWS90066)
Graduate courseworkPoints: 12.5Online
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
January
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability | January - Online |
---|---|
Fees | Look up fees |
One of the means by which firms may behave anti-competitively is by engaging in unilateral conduct that damages the competitive process and consumer welfare. Such conduct may be described in various ways in different jurisdictions, including as monopolisation, abuse of dominance or misuse of market power. However, the rules that apply to it share a common aim, namely to target conduct by firms with market power that is likely to harm competition and reduce consumer welfare.
Anti-competitive unilateral conduct generally involves conduct by a firm that has substantial or monopoly/monopsony power in a market and uses that power to implement a strategy that is likely to harm competition. Debates and divergence between jurisdictions in relation to unilateral conduct relate to the level of power that should trigger legal prohibitions, the types of strategies that are likely to have anti-competitive effects and how such effects should be established and assessed. In recent years, such debates have focussed on conduct by large firms in the information technology sector.
This subject explores the approaches used by competition authorities to address anti-competitive unilateral conduct. Differences in approach between jurisdictions are critically analysed. Building on learning in previous subjects, the subject examines what is meant by unilateral market power and the conditions that enable unilateral power to be used to implement an anti-competitive strategy. Unilateral conduct that gives rise to a competition concern may take various forms, the most common categories of which are analysed in detail in this subject. Such categories include conduct involving refusals to supply and predatory pricing. However, a difficulty in addressing anti-competitive behaviour of this type is that it is not readily distinguishable from highly aggressive competition. Given this, various tests that have been used and the evidence relevant to making this distinction are examined. Seminal decisions by competition authorities and courts as well as industry case studies are used to provide insights into the competition analysis of unilateral conduct.
Highlights of the subject include:
- Critical examination of the approaches taken to the design and application of unilateral conduct laws, drawing on examples from different jurisdictions around the world;
- In-depth case studies of unilateral conduct in a range of industry sectors with a view to ensuring students can properly analyse the rationales for such conduct and assess their likely effects on competition; 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 unilateral conduct rules.
Important note on delivery
The teaching and learning activities in LAWS90066 Unilateral Conduct 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:
- Advanced knowledge of the economic principles, legal rules and enforcement approaches that apply to unilateral conduct;
- Sophisticated cognitive and technical skills that equip them to critically analyse and assess the competitive effects of unilateral conduct;
- 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: 30 January 2024
Eligibility and requirements
Prerequisites
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS90065 | Foundations: Competition Law & Economics |
July (Online)
January (Online)
|
12.5 |
LAWS90065 Foundations: Competition Law and Economics may not be required for students enrolled in the on campus Melbourne Law Masters program who have substantial competition law-related economics in their background, either by way of prior studies and/or relevant work experience.
Corequisites
None
Non-allowed subjects
None
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: 30 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Participation in and contributions to discussion board and tutorials | From Week 1 to Week 8 | 10% |
Mid-term assessment task (practical exercise)
| Week 5 | 30% |
Group exercise
| Week 8 | 10% |
Final assessment task (reflective essay)
| Week 9 | 50% |
Last updated: 30 January 2024
Dates & times
- January - Online
Coordinators Arlen Duke and Rhonda Smith Mode of delivery Online Contact hours Total time commitment 150 hours Pre teaching start date 22 January 2024 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 29 January 2024 to 22 March 2024 Last self-enrol date 23 January 2024 Census date 9 February 2024 Last date to withdraw without fail 15 March 2024 Assessment period ends 4 April 2024 January contact information
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Additional delivery details
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.
Last updated: 30 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: 30 January 2024