LAWS90085 Competition in the Healthcare Industry

Credit Points: 12.5
Level: 9 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2017:

October, Parkville - Taught on campus.Show/hide details
Pre-teaching Period Start 25-Sep-2017
Teaching Period 23-Oct-2017 to 27-Oct-2017
Assessment Period End 11-Dec-2017
Last date to Self-Enrol 30-Jun-2017
Census Date 23-Oct-2017
Last date to Withdraw without fail 17-Nov-2017

This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Timetable can be viewed here.
For information about these dates, click here.
Time Commitment: Contact Hours: 29-33 hours
Total Time Commitment:

136-150 hours

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.


Melbourne Law Masters Students: None

JD Students: Successful completion of the below subject:

Study Period Commencement:
Credit Points:
Summer Term, Semester 2
Corequisites: None
Recommended Background Knowledge:

Students will benefit from general background in competition law, either by way of prior studies or work experience.

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

Non Allowed Subjects: None
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:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.



Mr Nick Taylor, Coordinator
Ms Toby G Singer

Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au

Subject Overview:

Governments strive to constrain runaway health care costs through competitive markets. This can be lucrative for private players and competition authorities are increasingly called upon to investigate commercial practices in the health care industry. The competition analysis must still take account of significant government and philanthropic service providers. Further, health care markets are susceptible to market failure due to information asymmetries, adverse selection, moral hazard and principal-agent problems. This subject explores the application of competition law to a broad range of such health care markets in the United States, Australia and New Zealand, with insights that will be generalisable to many other jurisdictions.

The teachers in the subject are from leading international law firm Jones Day and have many years of experience specialising in the application of competition law to the health care sector, advising clients and government agencies, and training government officials.

Principal topics include:

  • Introduction to competition law and economic concepts in the context of the healthcare industry
  • Health professionals and competition law
  • Private health care facilities and competition law
  • Public health care facilities and competition law
  • Health insurance and competition law
  • Competition issues arising from intellectual property protections and therapeutic good approval requirements
  • Industry self-regulation and participation in government processes.
Learning Outcomes:

A student who has successfully completed this subject will:

  • Have the specialist knowledge and skills to be able to identify when competition law issues arise across the healthcare industry
  • Have an advanced understanding of the types of business structures that could and are used in the healthcare industry and be able to delineate the boundaries of when competition law does/ does not apply
  • Be able to perform a sophisticated assessment of competition law risks associated with particular conduct in the healthcare industry
  • Have a sophisticated grasp on how healthcare related commercial and regulatory aims can be achieved in compliance with competition law
  • Have the necessary tools to critically analyse and advise governments, regulators and commercial entities in the healthcare field on the full range of competition law issues relevant to their objectives and affecting their activities.
  • Class participation (10%)
  • Take-home examination (5,000 - 6,000 words) (90%) (8 - 11 December 2017)

A minimum of 75% attendance is a hurdle requirement.

Prescribed Texts:

Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information: law.unimelb.edu.au
Related Course(s): Graduate Diploma in Competition and Consumer Law
Graduate Diploma in Health and Medical Law
Graduate Diploma in Legal Studies
Juris Doctor
Master of Commercial Law
Master of Competition and Consumer Law
Master of Health and Medical Law
Master of Laws

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