law5plc policy and law of competition

POLICY AND LAW OF COMPETITION

LAW5PLC

2020

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/Exchange StudentsYes

Subject year levelYear Level 5 - Masters

Available as ElectiveNo

Learning ActivitiesN/A

Capstone subjectNo

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-requisitesLAW5CIP OR LAW5CNB

Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Learning resources

Report of the independent committee of inquiry: national competition policy review (the Hilmer Report)

Resource TypeBook

Resource RequirementRecommended

AuthorN/A

Year1993

Edition/VolumeN/A

PublisherAGPS 1993. (AVAILABLE NCP.NCC.GOV.AU)

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Competition in Law in Australia

Resource TypeBook

Resource RequirementRecommended

AuthorCorones, S. G.

YearN/A

Edition/VolumeN/A

PublisherLAW BOOK CO, SYDNEY, LATEST EDITION

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Competition and Consumer Act

Resource TypeBook

Resource RequirementRecommended

AuthorN/A

YearN/A

Edition/VolumeN/A

PublisherCURRENT EDN, LAW BOOK CO. OR BUTTERWORTHS, ACCESSIBLE ON-LINE

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

www.australiancompetitionlaw.org

Resource TypeWeb resource

Resource RequirementPrescribed

AuthorJulie Clark

YearN/A

Edition/VolumeN/A

PublisherInternet

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Australian Competition Law

Resource TypeBook

Resource RequirementPrescribed

AuthorAlex Bruce

Year2018

Edition/Volume3rd ed

PublisherLexisNexis

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/A

Graduate capabilities & intended learning outcomes

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.
02. Analyse, describe and critically assess the reasons for and implementation of policies directed at enhancing markets and competition
03. Ascertain, describe and critically assess general and industry specific pro-competitive regulation

Subject options

Select to view your study options…

Start date between: and    Key dates

City Campus, 2020, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorDavid Wishart

Class requirements

Lecture/SeminarWeek: 10 - 22
One 2.00 hours lecture/seminar per week on weekdays at night from week 10 to week 22 and delivered via blended.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*
Participation assessment (250 words) Intelligent, open questions are rewardedN/AN/AN/ANo10SILO1, SILO2, SILO3
Case study (2000 words)N/AN/AN/ANo30SILO2, SILO3
One 3-hour open book final examination (3000 words) Open bookN/AN/AN/ANo50SILO1
Blog entry (250 words) This blog entry sets out the proposed topic for the student's case study and a 10-item annotated bibliography.N/AN/AN/ANo10SILO2, SILO3