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Unit Summary

Unit type

PG Coursework Unit

Credit points

12

Unit aim

Provides students with an opportunity to gain a strong understanding of the operation of the competition law provisions of the Competition and Consumer Act 2010 and the economic theory underlying the Act. The unit will focus on the Restrictive Trade Practices provisions in Part IV of the Act. Topics will include exclusionary provisions; cartel conduct; contracts, arrangements and understandings; misuse of market power; exclusive dealing; resale price maintenance; mergers, and remedies and enforcement. The unit will also consider the policy debates and recent reforms that feature in this area of the law, as well as the restrictive trade practices provisions of comparative jurisdictions.

Unit content

Topic 1: Competition policy and objectives of the Competition and Consumer Act 2010 (Cth)

Topic 2: Exclusionary provisions

Topic 3: Cartel conduct

Topic 4: Misuse of market power and exclusionary provisions

Topic 5: Resale price maintenance and mergers

Topic 6: Remedies and enforcement

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:
1 Critically analyse the economic theory and policy objectives underpinning the Competition and Consumer Act 2010 (Cth) and assess the efficacy of the legislation in achieving these objectives
2 Apply advanced theoretical and technical competition law knowledge and skills, to solve emerging and/or advanced competition law problems
3 Identify and interpret the penalties and remedies available under the Competition and Consumer Act 2010 (Cth)
4 Assess the appropriateness and implications of the investigation and enforcement powers of the ACCC.

On completion of this unit, students should be able to:

  1. Critically analyse the economic theory and policy objectives underpinning the Competition and Consumer Act 2010 (Cth) and assess the efficacy of the legislation in achieving these objectives
  2. Apply advanced theoretical and technical competition law knowledge and skills, to solve emerging and/or advanced competition law problems
  3. Identify and interpret the penalties and remedies available under the Competition and Consumer Act 2010 (Cth)
  4. Assess the appropriateness and implications of the investigation and enforcement powers of the ACCC.

Prescribed texts

  • Bruce, A, 2018, Australian Competition Law, 3rd edn, LexisNexis.
Prescribed texts may change in future teaching periods.