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.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: David Wishart

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 5 - Masters

Exchange Students: No

Available as Elective: No

Learning Activities: N/A

Capstone subject: No

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-requisites: LAW5CIP OR LAW5CNB

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

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

Resource Type: Book

Resource Requirement: Recommended

Author: N/A

Year: 1993

Edition/Volume: N/A

Publisher: AGPS 1993. (AVAILABLE NCP.NCC.GOV.AU)

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Competition in Law in Australia

Resource Type: Book

Resource Requirement: Recommended

Author: Corones, S. G.

Year: N/A

Edition/Volume: N/A

Publisher: LAW BOOK CO, SYDNEY, LATEST EDITION

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Competition and Consumer Act

Resource Type: Book

Resource Requirement: Recommended

Author: N/A

Year: N/A

Edition/Volume: N/A

Publisher: CURRENT EDN, LAW BOOK CO. OR BUTTERWORTHS, ACCESSIBLE ON-LINE

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

www.australiancompetitionlaw.org

Resource Type: Web resource

Resource Requirement: Prescribed

Author: Julie Clark

Year: N/A

Edition/Volume: N/A

Publisher: Internet

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Australian Competition Law

Resource Type: Book

Resource Requirement: Prescribed

Author: Alex Bruce

Year: 2018

Edition/Volume: 3rd ed

Publisher: LexisNexis

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/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

City Campus, 2020, Semester 1, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Enrolment information: N/A

Subject Instance Co-ordinator: David 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 element	Comments	Category	Contribution	Hurdle	%	ILO*
Participation assessment (250 words)Intelligent, open questions are rewarded	N/A	N/A	N/A	No	10	SILO1, SILO2, SILO3
Case study (2000 words)	N/A	N/A	N/A	No	30	SILO2, SILO3
One 3-hour open book final examination (3000 words)Open book	N/A	N/A	N/A	No	50	SILO1
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/A	N/A	N/A	No	10	SILO2, SILO3