Students

LAWS5028 – Competition Law

2024 – Session 1, In person-scheduled-weekday, North Ryde

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Adrian Coorey
Contact via "Communicate with Staff Privately" chat on iLearn.
N/A
Either just before, or just after, your weekly tutorial
Credit points Credit points
10
Prerequisites Prerequisites
(80cp in LAW or LAWS units including LAWS2300) or (130cp including (BUSL250 and BUSL301) or BUSL251 or ACCG2051)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

The unit introduces students to the principal areas of law in Australia which aim to preserve competition in the economy and to ensure consumer protection. Attention will focus on the competition law provisions in the Competition and Consumer Act 2010 and their theoretical underpinnings. Topics include cartels; anticompetitive agreements and concerted practices; misuse of market power; mergers; warranties and guarantees; misleading or deceptive conduct; unconscionable conduct and unfair contract terms; remedies and enforcement of both consumer and competition law.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • ULO1: Understand the economic concepts used in competition law to articulate the effects of anticompetitive practices.
  • ULO2: Consolidate the development of competition law in Australia and various parts of the world and examine the objective(s) of competition law in the economy.
  • ULO3: Consider the powers of the courts, regulatory bodies, and private individuals to distinguish between different enforcement methods in competition and consumer law.
  • ULO4: Apply the Competition and Consumer Act, case law, and soft law to solve problems in competition and consumer law.

General Assessment Information

All assessments are submitted electronically. Turnitin plagiarism detection software is used to check all written assessments. Students should carefully check that they submit the correct file for an assessment. You can only submit your assessment once.

In terms of word count, there is a 10% leeway on the word limit for each assessment. Submissions that exceed the specified word limit 10% leeway will not be read beyond the word limit. For fairness to other students and consistency in marking, this will be enforced strictly.

Footnotes are to be used only for referencing. Referencing must conform to the requirements set out in the Australian Guide to Legal Citation 4th edition. Marking of all assessments is moderated through a process of blind marking and the use of detailed marking rubrics.

Late penalty policy Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue. This late penalty will apply to non-timed sensitive assessments (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time-sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application.

Special Consideration outcome may result in a Supplementary Assessment. Special Consideration Students should submit applications for Special Consideration electronically via ask.mq.edu.au, along with the supporting documentation. Before submitting their applications, students should refer to the Special Consideration Policy (link provided under 'Policies and Procedures' below).

Further information in relation to all Assessments is uploaded on iLearn. 

 

Assessment Tasks

Name Weighting Hurdle Due
Class Participation 20% No Start: Week 1 Due: Week 13
Hypothetical Problem Question 40% No Start: 9am, 22 April 2024 Due: 11:55pm, 23 April 2024
Take Home Exam 40% No Start: 9am 17 June 2024 Due: 12pm, 17 June 2024

Class Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 0 hours
Due: Start: Week 1 Due: Week 13
Weighting: 20%

 

Student participation in tutorial discussions, debates and/or presentations

 


On successful completion you will be able to:
  • Understand the economic concepts used in competition law to articulate the effects of anticompetitive practices.
  • Consolidate the development of competition law in Australia and various parts of the world and examine the objective(s) of competition law in the economy.
  • Consider the powers of the courts, regulatory bodies, and private individuals to distinguish between different enforcement methods in competition and consumer law.
  • Apply the Competition and Consumer Act, case law, and soft law to solve problems in competition and consumer law.

Hypothetical Problem Question

Assessment Type 1: Problem set
Indicative Time on Task 2: 35 hours
Due: Start: 9am, 22 April 2024 Due: 11:55pm, 23 April 2024
Weighting: 40%

 

Students will be required to solve two hypothetical problem questions.

 


On successful completion you will be able to:
  • Understand the economic concepts used in competition law to articulate the effects of anticompetitive practices.
  • Apply the Competition and Consumer Act, case law, and soft law to solve problems in competition and consumer law.

Take Home Exam

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 18 hours
Due: Start: 9am 17 June 2024 Due: 12pm, 17 June 2024
Weighting: 40%

 

Students will be required to solve a hypothetical problem question in a time-limited take home test

 


On successful completion you will be able to:
  • Understand the economic concepts used in competition law to articulate the effects of anticompetitive practices.
  • Apply the Competition and Consumer Act, case law, and soft law to solve problems in competition and consumer law.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

Delivery

Lectures

Each week will consist of a 2 hour lecture that is recorded and uploaded to Echo 360 on iLearn. It is advised that you listen to the weekly lecture in advance of your corresponding weekly tutorial.

Tutorials

Each student must attend the tutorial that they are enrolled in. For online tutorials, a Zoom link is available on iLearn. For face-to-face tutorials, please see online for room location.

For face-to-face and online students, each week consists of a 1 hour tutorial. Please only attend the tutorial you are enrolled in.

Resources

Prescribed Textbooks

1. Adrian Coorey, Australian Competition Law - The Comprehensive Guide (Vol 1) (Jurisprudentia, Sydney, 2024).

2. Adrian Coorey, Australian Consumer Law - The Comprehensive Guide (Jurisprudentia, Sydney 2021). 

The above prescribed textbooks are available online at https://www.jurisprudentia.com.au/. You may acquire the textbooks in a bundle at a discount. 

 

Unit Schedule

Reading List

Prescribed Materials: 

Adrian Coorey, Australian Competition Law – The Comprehensive Guide (Vol 1) (Jurisprudentia, Sydney, 2024) (ACompL Book)

Adrian Coorey, Australian Consumer Law – The Comprehensive Guide (Jurisprudentia, Sydney, 2021) (ACL Book).

Please note that Additional Reading (as listed below) is not mandatory reading. Students who wish to specialise in Australian Consumer Law and/or Australian Competition Law are encouraged to undertake the Additional Reading.

 

Week

Topic

Prescribed Reading

Additional Reading (Optional)

Australian Competition Law

1

Introduction to Australian Competition Law

Definitions and Key Concepts I

ACompL Book – Ch 1

 

ACompL Book – Ch 2 (pp 21 – 64)

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ACompL Book – Ch 2 (pp 64 – 81)

2

Definitions and Key Concepts II

Primary Contravener and Accessorial Liability

ACompL Book – Ch 3 (pp 82-141)

ACompL Book – Ch 4 (pp 152-173)

ACompL Book – Ch 3 (pp 142-151)

ACompL Book – Ch 4 (pp 173-189)

3

Civil Cartels

 

Criminal Cartels

 

 

Exceptions to Cartels

ACompL Book – Ch 5 (pp 190-236, 355-361, 384-391, 405-413)

ACompL Book – Ch 6 (pp 450-452, 488-522)

 

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ACompL Book – Ch 5 (all remaining pages)

 

ACompL Book – Ch 6 (all remaining pages)

 

ACompL Book – Ch 7

4

Anti-Competitive Agreements

Secondary Boycotts

ACompL Book – Ch 8 (pp 584-615)

ACompL Book – Ch 9 (pp 653,  665-695)

ACompL Book – Ch 8 (all remaining pages)

ACompL Book – Ch 9 (all remaining pages)

5

Misuse of Market Power

 

 

Exclusive Dealing

ACompL Book – Ch 10 (pp 739-740, 750-755, 769-771, 778-836)

 

ACompL Book – Ch 11

ACompL Book – Ch 10 (all remaining pages)

 

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6

Resale Price Maintenance

 

Mergers

 

Authorisation and Notification

ACompL Book – Ch 12

 

Materials will be provided on iLearn

 

Materials will be provided on iLearn

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Australian Consumer Law

7

Introduction to Australian Consumer Law

 

Definitions and Key Concepts

ACL Book – Ch 1 (pp 1-12, 20-25)

 

ACL Book – Ch 2 (pp 32-42, 60-85, 102-105, 121-130)

 

 

ACL Book – Ch 2 (pp 93-96, 131-138)

8

Misleading or Deceptive Conduct – General Principles

ACL Book – Ch 3 (pp 143-212)

 

ACL Book - Ch 6 (329-363)

ACL Book - Ch 7 (366-408)

9

Misleading or Deceptive Conduct and Advertising

Misleading or Deceptive Conduct and the Internet

 

ACL Book – Ch 4 (pp 215-255, 261-283)

ACL Book - Ch 5 (pp 288-318)

ACL Book - Ch 4 (pp 256-260)

ACL Book - Ch 5 (pp 318-326)

10

False or Misleading Representations

ACL Book – Ch 8 (pp 411-457)

 

-

11

Unconscionable Conduct

ACL Book - Ch 9 (pp 461-514, 519-539)

 

ACL Book - Ch 9 (pp 515-518, 540-543)

12

Unfair Contract Terms

Specific Unfair Practices

ACL Book – Ch 10 (pp 546-562)

ACL Book – Ch 11 (pp 604-641)

 

ACL Book – Ch 11 (pp 642-643)

13

Consumer Guarantees (and Remedies)

ACL Book – Ch 12 (pp 647-700)

ACL Book – Ch 13 (pp 703-725)

-

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.


Unit information based on version 2024.04 of the Handbook