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76027 Competition Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): 70327 Commercial Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Description

This subject provides a comprehensive, in-depth and engaging examination of the economic and legal principles of competition law (also known as antitrust law or restrictive trade practices law) in Australia. It examines statute law, Part IV of the Competition and Consumer Act 2010 (Cwlth) (CCA) (formerly Part IV of the Trade Practices Act 1974 (Cwlth) (TPA)), the decisions of the common law Courts in interpreting the Act, as well as some international treaties on antitrust law enforcement, of which Australia is a party. Current issues and recent cases on competition laws and policies in Australia are also examined.

The subject covers the economic functioning of markets, market power and competition; the relationship between antitrust-related statute law, common law and economics; the evolution and objectives of Australian competition law and the administration and enforcement of competition law, both nationally and internationally.

The subject also covers:

  1. an overview of the evolution of competition law, including the reasons for the competition law, the economic functioning of markets, market power and competition, the relationship between economics and competition laws, and the legislative feature of the Australian competition law
  2. an in-depth examination of major anti-competitive statutory conduct in Part IV of the CCA, including mergers/acquisitions, misuse of market power, exclusionary conduct, monopolistic agreements/arrangements, exclusive dealing, and resale price maintenance
  3. examination of the administration and enforcement of completion law in Australia, including the roles of the Australian Competition and Consumer Commission, the Australian Competition Tribunal and the Courts. It includes also authorisation and notification regimes, remedies for private litigants and other related matters
  4. examination of major international treaties on antitrust law enforcement, of which Australia is a party, and major international antitrust cases in which Australia is involved.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. understand the rationale for, and implementation of, competition policy and law (both CCA and common law) in enhancing market efficiency in both a static and on-going sense;
2. understand the economic functioning of markets, market power, competition in the context of the CCA and the relationship between statute law, common law and economics;
3. analyse and apply legal principles and concepts of competition law in a commercial context, and to assist the client in realizing legitimate commercial objectives;
4. think critically, analytically, reflectively and independently, and to communicate intelligently and articulately on a variety of major issues on competition law and policy;
5. explain the practical operation and enforcement of the CCA in business and commerce;
6. discuss selected issues on international enforcement of antitrust law, in which Australia is involved.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
  • Ethics and Professional Responsibility
    A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility and, an ability to reflect upon and respond to ethical challenges in practice. (2.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)
  • Communication and Collaboration
    Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
  • Self management
    The ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change. (6.0)

Teaching and learning strategies

Strategy 1 The provision of lectures to introduce and explain the contents and outline the concepts, theories and principles involved.
Strategy 2 The use of active seminar style classes involving broad discussion in order to deliver content to students while also encouraging them to take responsibility for their own learning by preparing and participating in all aspects of the subject.
Strategy 3 The use of presentation, class discussion and evaluation to refine and develop the requisite legal knowledge and understanding, and to develop teamwork skills and critical thinking and effective communication.
Strategy 4 Thought independent research and reading, students will be able to extend and deepen their understanding of the various topics covered in this subject
Strategy 5 The subject will also be supported by UTS Online
Strategy 6 Guest lecturers may be invited to introduce the operation and recent development of the CCA in the real context.


Subject Delivery

This subject will be run in small groups. It has 3 contact hours pw consisting of 1 X 3 hr seminar pw.

Content (topics)

Topic 1 Introduction and legal background
Topic 2 Economic foundation of competition law
Topic 3 Misuse of market power
Topic 4 Mergers and acquisitions
Topic 5 Anti-competitive arrangements (Horizontal restraints)
Topic 6 Anti-competitive arrangements (Vertical restraints)
Topic 7 Administration and enforcement structure
Topic 8 Authorization and notification/ Exemptions
Topic 9 Penalties and remedies for part IV breaches
Topic 10 International perspective/international enforcement

Assessment

Assessment task 1: Class Engagement

Objective(s):

This task addresses the following subject learning objectives:

5 and 6

This task contributes specifically to the development of the following graduate attributes:

1.0, 2.0, 3.0, 5.0 and 6.0

Weight: 25%

Assessment task 2: Case note or Article Evaluation

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4, 5 and 6

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 25%
Length:

1500 words not including footnotes.

Footnotes should only be used for references. No part of your answer can be included in your footnotes. If it is it will be ignored during marking.

Assessment task 3: Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4, 5 and 6

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 50%
Length:

3,000 words not including footnotes.

Footnotes should only be used for references. No part of your answer can be included in your footnotes. If it is it will be ignored during marking.

Required texts

  • Russell V Miller, Miller’s Australian Competition Law and Policy, 2nd ed, 2012, Thomson Retours.
  • A copy of the Competition and Consumer Act 2010 (Cth) (Available on Austlii).
  • Australian Guide to Legal Citation, 3rd ed, 2010.

Recommended texts

Book

  • Corones, Competition Law in Australia 6th ed, 2015, Thomson Legal & Regulatory (Lawbook Co), Sydney.
  • Russell V Miller, Miller’s Australian Competition Law and Policy, 2008, Thomson Lawbook Co, Sydney.
  • Clarke, Corones and Clarke, Competition Law and Policy: Cases and Materials, 3rd ed, Oxford University Press, 2011.
  • Duns, Davison and Beaton-Wells, Competition Law: Cases and Materials, 2nd ed, LexisNexis Butterworths, Sydney 2006.
  • Steinwall R (ed), Twenty -Five Years of Australian Competition Law, Butterworths 2000.
  • Yeung K, The Public Enforcement of Australian Competition Law, A.C.T.: Australian Competition and Consumer Commission, 2001.

Loose-leaf series:

  • CCH Australian Trade Practices Reporter (Online in library);
  • Heydon, Trade Practices Law, (2 vols) Law Book Company

References

Other Materials: Reports, Journals and General References

Books

  • Breit W & Kenneth G. E (ed), The antitrust casebook: milestones in economic regulation, Worth: Dryden Press, 1996.
  • Hylton K N Antitrust law Economic Theory and common law revolution, Cambridge University Press 2003
  • Posner R, Antitrust Law,2nd ed, University of Chicago Press, 2001
  • Wu L (ed), Economics of antitrust: new issues, questions, and insights, NY: NERA Economic Consulting, 2004.

Journals

  • Antitrust Law Journal (USA)
  • Australian Business Law Journal (LBC) (Australia)
  • Australian Trade Practices Law Reporter (CCH) (Australia)
  • Competition & Consumer Law Journal, Butterworths (Australia)
  • European Competition Journal (2005-) (United Kingdom)
  • European Competition Law Review (United Kingdom)
  • International Review of Intellectual Property and Competition Law (Germany)
  • Journal of Competition Law and Economics (2005-) (United Kingdom)
  • OECD Journal of Competition Law and Policy (France)
  • The Antitrust Bulletin (USA)
  • Trade Practices Law Journal, Law Book Company (Australia)
  • World Competition: Law and Economics Review (Netherlands)

Law reports

  • Australian Trade Practices Reports (ATPR)
  • Federal Court Reports (FCR)

Reference

  • Australian Guide to Legal Citation, 3rd ed, 2010)

Others

Other resources

Useful Websites

Supplementary Materials: (optional field)

  • Allens Arthur Robinson, The Annual Allens Arthur Robinson Competition Law Fest. St. Leonards, N.S.W.: The Continuing Professional Education Dept. of the College of Law, 2008.
  • Brunt M (ed), Economic essays on Australian and New Zealand competition law, London: Kluwer Law International, 2003.
  • Neale AD, The Antitrust Laws of the United States: A Study of Competition Enforced by Law, 2nd ed, Cambridge University Press, London 1970
  • Posner R, Economic Analysis of Law, Aspen Publishing, 2003
  • Whish R, Competition Law, Butterworths, 2003
  • Walsh & Paxton, Competition policy: European and international trends and practices, London: Macmillan, 1975