LAWS90066 Unilateral Conduct
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2017:
Term 2, Parkville - Taught online/distance.Show/hide details
Term 3, Parkville - Taught online/distance.Show/hide details
This subject is delivered completely online and there are no printed subject materials.
Timetable can be viewed here.
For information about these dates, click here.
|Time Commitment:||Contact Hours: 80 hours |
Total Time Commitment:
Students are expected to log into the LMS and familiarise themselves with the subject, layout, navigation, activities, readings and assessments the week before formal teaching begins.
Students will not be expected to complete any set tasks but will be encouraged to make a start on readings for the module if they so choose.
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.
Study Period Commencement:
Term 1, Term 3
|Recommended Background Knowledge:|| |
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level.
|Non Allowed Subjects:|
|Core Participation Requirements:|| |
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
CoordinatorDr Rhonda Smith
Dr Rhonda Smith (Coordinator), former Commissioner, Australian Competition and Consumer Commission
|Subject Overview:|| |
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:
|Learning Outcomes:|| |
On completion of this subject, students will have developed:
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
|Links to further information:||http://www.unimelb.edu.au/online/global-competition-consumer-law/|
|Graduate Diploma in Competition and Consumer Law |
Graduate Diploma in Global Competition and Consumer Law
Graduate Diploma in Legal Studies
Master of Commercial Law
Master of Competition and Consumer Law
Master of Global Competition and Consumer Law
Master of Laws
Master of Laws (Global Competition and Consumer Law)