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 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-requisites LAW5CNB OR LAW5CIP
Incompatible subjectsN/A
Equivalent subjectsN/A
Special conditionsN/A
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Competition and Consumer Act | Recommended | NA | CURRENT EDN, LAW BOOK CO. OR BUTTERWORTHS, ACCESSIBLE ON-LINE |
| Readings | Competition in Law in Australia | Recommended | Corones, S. G. | LAW BOOK CO, SYDNEY, LATEST EDITION |
| Readings | Report of the independent committee of inquiry: national competition policy review (the Hilmer Report) | Recommended | NA | AGPS 1993. (AVAILABLE NCP.NCC.GOV.AU) |
| Readings | Australian Competition Law 3rd ed | Prescribed | Alex Bruce, 2018 | LexisNexis |
| Media | www.australiancompetitionlaw.org | Prescribed | Julie Clark | Internet |
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
Subject options
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City Campus, 2020, Semester 1, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorDavid Wishart
Class requirements
Lecture/Seminar
Week:
10
-
22
One 2.0 hours lecture/seminar per week
on weekdays
at night
from week 10 to week 22
and delivered via blended.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Participation assessment (250 words) | Intelligent, open questions are rewarded | 10 | 01, 02, 03 |
| Case study (2000 words) | 30 | 02, 03 | |
| One 3-hour open book final examination (3000 words) | Open book | 50 | 01 |
| Blog entry (250 words) | This blog entry sets out the proposed topic for the student's case study and a 10-item annotated bibliography. | 10 | 02, 03 |