POLICY AND LAW OF COMPETITION

LAW5PLC

Not currently offered

Credit points: 15

Subject outline

Competition law and policy is currently one of the most controversial areas of law and governmental activity. Competition law, in the form Part IV of the Competition and Consumer Act 2010, regulates competition by proscribing horizontal and vertical practices which are either per se anti-competitive or substantially affect competition. Competition policy represents the framework for legal change creating and encouraging the developments of markets. This subject addresses both of these topics, dealing both substantially and critically with the economic theory which underpins competition policy and law, the legal techniques involved in creating and encouraging markets, and the laws regulating competition. Students will, inter alia, undertake a case study in competition policy and learn how the law regulating competition applies to various business practices.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorDavid Wishart

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites Must be enrolled in LMJD or LML or LMLGBL or LMCL or LMLAW or LMLE or have permission of the Law School Director of Postgraduate (Coursework) Programs

Co-requisitesN/A

Incompatible subjects LAW3CPL

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsCompetition and Consumer ActRecommendedNACURRENT EDN, LAW BOOK CO. OR BUTTERWORTHS, ACCESSIBLE ON-LINE
ReadingsCompetition in Law in AustraliaRecommendedCorones, S. G.LAW BOOK CO, SYDNEY, LATEST EDITION
ReadingsReport of the independent committee of inquiry: national competition policy review (the Hilmer Report)RecommendedNAAGPS 1993. (AVAILABLE NCP.NCC.GOV.AU)
ReadingsAustralian Competition Law 3rd edPrescribedAlex Bruce, 2018LexisNexis
Mediawww.australiancompetitionlaw.orgPrescribedJulie ClarkInternet

Graduate capabilities & intended learning outcomes

01. Discriminate between proscriptions , choose those applicable and apply competition law as expressed in Part IV of the Competition and Consumer Act 2010 and interpreted in case law, and industry-specific pro-competitive regulation to fact situations setting out complex market behaviours.

Activities:
In seminar problem solving activities, discussion, examination

02. Analyse, describe and critically assess the reasons for and implementation of policies directed at enhancing markets and competition

Activities:
In seminar discussion, case study development

03. Ascertain, describe and critically assess general and industry specific pro-competitive regulation

Activities:
In seminar discussion, case study development

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