Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Susan Carter
Contact via susan.carter@mq.edu.au
515 W3A
Friday 3-4p.m.
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
(16cp in LAW or LAWS units at 600 level or above) and (admission to JD or LLM or GradCertLaw or GradDipLaw)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit examines the competition law provisions of the Competition and Consumer Act 2010 (Cth). The unit considers the policy framework behind the law, including Australia's National Competition Policy, and the current policy debates surrounding the regulation of competition. Topics include the regulation of cartels, anti-competitive arrangements and understandings, and abuse of market power. Considerable time is spent reading and interpreting statutes and on the administration of schemes of government regulation.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Due |
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Class Test | 15% | Week Five Tutorials/OCS |
Seminar presentation | 15% | Weekly |
Assignment | 40% | 8/4/15 at 5 p.m. |
Take home | 30% | 11/6/15 at 5 p.m. |
Due: Week Five Tutorials/OCS
Weighting: 15%
The Class Test will be of 60 minutes duration and consist of one problem question about an aspect of competition law. It will be completed by students in their regular tutorial time.Students may bring a copy of the legislation and one A4 page of their own notes (front and back, at least 10 point font), but no other materials. Students should also bring their own paper to complete the task.
Due: Weekly
Weighting: 15%
Students will, in small groups, make one oral presentation each in class, over the course of the Semester.
The presentation:
Due: 8/4/15 at 5 p.m.
Weighting: 40%
Research Assignment
The Competition Policy Review (the Harper Review) issued a draft report in September 2014 (http://competitionpolicyreview.gov.au/files/2014/09/Competition-policy-review-draft-report.pdf). Among its many recommendations is a change to s46 which would remove the ‘take advantage’ requirement (‘the proposal’). Its reasons are expressed as follows, at p209 of the Draft Report:
The important point is not whether the outcomes of those cases, on the facts before the court, were correct or incorrect from a competition policy perspective. The issue is whether the ‘take advantage’ limb of section 46 is sufficiently clear and predictable in interpretation and application to distinguish between anti-competitive and pro-competitive conduct.
The cases referred to by the authors of the Draft Report were:
You need to complete the following tasks :
Allocation of marks
Allocation of marks (and a suggestion as to allocation of words) is as follows:
Total word limit: no more than 3,000 words - excluding references. (Note: references are excluded, not footnotes. If footnotes contain argument they will be included in the word count. Penalties apply for exceeding the word limit.)
Further instructions:
You should provide an integrated discussion of the issues, raised, well supported by appropriate legal references. Your work should not be presented in point form and all standard conventions of grammar and spelling should be observed.
Late Submission and extensions
Law School Policy is that late submissions will not be marked and students will receive a mark of zero - unless prior dispensation has been sought and received in accordance with the disruption to studies policy.
Ample time has been made available for the completion of this assignment. Accordingly, last minute illness or misadventure is unlikely to meet the requirements for special consideration. If you are applying for special consideration, please submit your work in progress through Turnitin with a note that an application for special consideration has been lodged.
Grading Criteria: please see this Unit Guide for grading criteria.
Due: 11/6/15 at 5 p.m.
Weighting: 30%
The take home will consist of one hypothetical problem question which may raise any issues discussed in the course.
Word length: 2000 words.
Footnotes: As this task is in lieu of a formal exam there is no need for footnotes or AGLC referencing. However all cases and legislation should be referenced in appropriate exam style (that is short name, no need for full citation), and if footnotes are included they will be counted in the word length.
Release date: the Take home will be released on the Unit web site on Monday 8th June
Students will have four days to complete this task. This is not an indication of the length or complexity of the task - if students are well prepared they should be able to complete the task in 4-5 hours. The extended time period allows students to plan the completion of this task around their other commitments. This should obviate the need for any requests for extensions - which are unlikely to be given.
DELIVERY
This course is delivered via on-line lecture and a weekly 1.5 hour face to face seminar. Students are expected to have listened to and considered the on-line lecture BEFORE they attend the seminar. Seminars start in week 2 to allow students time to have completed the first lecture before our first meeting.
Weekly lectures in this unit will be pre-recorded and available to students on iLearn. These will commence in Week 1 and go through to Week 12.
Students are reminded that if they have not completed the ilecture prior to the seminar they will not understand the seminar discussion, will not benefit from it, and will not be able to participate in the discussion.
Students are encouraged to check the unit webpage regularly, which can be accessed through http://ilearn.mq.edu.au Unit materials, including seminar discussion questions, are available through the unit webpage.
The assignment and the take home exam are to be submitted using the Turnitin portal on the unit webpage.
PC and internet access are required, as are basic computer and word processing skills.
· Corones, SG Competition Law in Australia 6th edition (Thomson Reuters, 2014)
RECOMMENDED READING
Bruce, Alex Australian Competition Law 2nd edition Lexis Nexis
Bruce, Alex Consumer Protection Law in Australia 2nd edition Lexis Nexis
Useful websites
GRADING CRITERIA FOR INDIVIDUAL ASSESSMENTS
1. ASSESSMENT CRITERIA FOR ASSIGNMENT
FAIL (49% AND BELOW)
PASS (50% - 64%)
CREDIT (65%-74%)
DISTINCTION (75%-84%)
HIGH DISTINCTION (85% and above)
2. ASSESSMENT CRITERIA FOR PROBLEM QUESTIONS
FAIL (49% AND BELOW)
PASS (50% - 64%)
CREDIT (65%-74%)
DISTINCTION (75%-84%)
HIGH DISTINCTION (85% and above)
3. ASSESSMENT CRITERIA FOR GROUP PRESENTATION
FAIL (49% AND BELOW)
PASS (50% - 64%)
CREDIT (65%-74%)
DISTINCTION (75%-84%)
HIGH DISTINCTION (85% and above)
LATE SUBMISSION
Law School Policy is late submissions will not be marked and will be given zero, unless prior dispensation has been sought and received, in accordance with the special consideration policy.
Extensions are only available in extraordinary circumstances in accordance with the Disruption to Studies Policy: http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Week/Lecture Date |
Lecture Content |
Assessment |
Week 1 27th February |
Introduction to the Unit, Statutory Interpretation, History of Competition regulation; relation to consumer protection and the design of the Competition and Consumer Act 2010(Cth) | Regular lecture attendance is a continuing unit requirement (Attendance means on-line attendance - listening to the lecture and completing associated reading before the seminar) |
Week 2 6th March |
Key ideas in competition regulation |
Regular lecture attendance is a continuing unit requirement |
Week 3 13th March |
Regulating collusion and cartels | Regular lecture attendance is a continuing unit requirement |
Week 4 20th March |
Cartel Regulation continued |
Regular lecture attendance is a continuing unit requirement Seminar Test 15% |
Week 5 27th March |
s46: Misuse of Market Power |
Regular lecture attendance is a continuing unit requirement |
Week 6 3rd April
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Misuse of Market Power continued; Exclusive Dealing
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Regular lecture attendance is a continuing unit requirement |
ASSIGNMENT DUE - 8TH APRIL AT 5 PM | ||
Week 7 24th April |
Resale Price Maintenance and Mergers and Acquisitions |
Regular lecture attendance is a continuing unit requirement
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Week 8 1st May |
Authorisation and Notification - role of ACCC as administrator of CCA | Regular lecture attendance is a continuing unit requirement |
Week 9 8th May |
Remedies - issues with penalties; criminal conduct and divestiture
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Regular lecture attendance is a continuing unit requirement |
Week 10 15th May |
Unconscionable conduct - issues re enforcement of s46 and relationship to competition law | Regular lecture attendance is a continuing unit requirement |
Week 11 22nd May |
Misleading and deceptive conduct - issues for competition law | Regular lecture attendance is a continuing unit requirement |
Week 12 29th May |
Current issues - Matters arising from the Harper Review | Regular lecture attendance is a continuing unit requirement |
Week 13 5th June |
No lecture this week but seminars continue |
Take Home Exam Available Monday 8th June Due Thursday 11th June |
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results shown in iLearn, 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.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
This is the first offering of this subject