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ANU Law School · ANU College of Law, Governance and Policy
This course is intended to provide students who have not previously studied competition law, with an introduction to the legal, economic and regulatory foundations of competition law and policy in Australia. This course will look at the way firms attempt to exercise market power or otherwise attempt to manipulate the market in order to eliminate or substantially lessen competition; to the detriment of consumers. And it’s about how the Federal government attempts to prevent this sort of anticompetitive conduct through enforcement of the Competition and Consumer Act 2010 (Cth) (“the CCA”). But since firms are controlled by people, at another level, this course is really about greed for profit, lust for power, blatant manipulation, secret factions, ruthless betrayal, spiteful vengeance, high-handed arrogance, ludicrous corporate rationalizations, political farce and the occasional win for justice. The last five years have seen an extraordinary amount of legislative change to Australia’s competition and consumer protection regimes and in 2010, the Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) (“the Amendment Act’) introduced the Australian Consumer Law. Although the Amendment Act does not affect the restrictive trade practices regime, it did rename the former Trade Practices Act 1974 (Cth) (“the CCA”). From 1 January 2011, the CCA was re-named as the Competition and Consumer Act 2010 (Cth) ("the CCA") and it is this legislation that will be explored in this course. In particular, it will focus on Part IV of the CCA; the Part that prohibits various forms of anticompetitive conduct.
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course Canvas page.
Learning outcomes 1, 2, 3, 4
Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 26 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised. Preliminary Reading Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.