Units

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Sample subject outline - Semester 2 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

All countries that rely on markets and competition to allocate resources and satisfy the needs of consumers have a set of rules designed to deal with problems of market failure caused by one or more firms possessing market power. Such firms are able to undermine the competitive process by engaging in anti-competitive behaviour. In Australia, the rules regulating anti-competitive conduct and access to essential services are contained in the Competition and Consumer Act 2010 (Cth) (the Act).

The rationale for the unit title Competition Law is to provide an overview of the anti-competitive practices which are proscribed by Part IV of the Act. The rules of competition have spread beyond privately owned business enterprises to embrace government business enterprises, so that a much wider range of people need to know what can and cannot be done in the market place.

Aims

The aim of the unit is to provide you with an opportunity to gain an understanding of the operation of the principles of competition law within a practical legal context. The unit also aims to develop problem solving skills, critical thinking skills and communication skills within the context of consumer transactions.

Objectives

At the completion of this unit you should be able to demonstrate:
1. an understanding of the policy objectives of the Act and some of the key economic concepts incorporated into the Act; (GC1)
2. an understanding of the substantive prohibitions contained in Part IV, the elements which must be satisfied to establish a contravention of them and the relevant case authorities; (GC1)
3. an ability to identify creative problem solving strategies and abstract them to common commercial transactions, such as mergers, joint ventures, distribution and supply arrangements, franchises, and intellectual property licences; (GC2)
4. an ability to effectively communicate solutions to problems either orally or in writing; (GC3) and
5. an ability to critically analyse and evaluate existing legal principles and policies in the area of competition law. (GC1, GC2)

Content

The content covered in this unit includes:

• Preliminary Matters: Why legislate to protect competition?


• Regulating Horizontal Anti-competitive conduct


• Regulating Vertical Anti-competitive conduct


• Regulating the Use of Market Power


• Authorisation and Notification

Graduate Capabilities
Your understanding of the unit content and the further development of skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge
2. Problem Solving, Reasoning and Research
3. Effective Communication

Approaches to Teaching and Learning

There will be weekly two hour lectorials throughout the semester. Lectorial sessions will consist of the dissemination of information by the lecturer; together with integrated class discussion based on material in the study guide and lecture overheads These will be lecturer and student facilitated sessions where the individual problems and case studies provided to students for each session will be discussed. It is intended that this be an interactive session and students will be assessed upon their contributions to the class discussion.
The lectorials are audio-streamed on the unit's Blackboard site and are supported by PowerPoint presentations.

Assessment

The assessment in this unit will be both summative and formative.

Assessment name: Assignment
Description: The assignment will be problem based and you will be expected to be able to extract relevant principles and policies of competition law, critically analyse the principles and policy, offer creative problem solving strategies and communicate the solutions to a particular audience. Word limit: 3000
Relates to objectives: 1-3
Weight: 40%
Internal or external: Both
Group or individual: Individual
Due date: Week 8

Assessment name: Examination (Theory)
Description: The exam will be open book.
Relates to objectives: 1-3
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Text and Materials

SG Corones, Competition Law in Australia (LBC, Sydney, 5th ed, 2010).

Competition and Consumer Act 2010 (Cth) (up to date)

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 11-Apr-2013