Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Susan Carter
Contact via susan.carter@mq.edu.au
515 W3A
Friday 10-11 a.m. or by appointment.
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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 | 20% | Week FiveTutorials/OCS |
Presentation of research | 10% | 15/4/16 |
Research Assignment | 30% | 6/5/16 at 5 p.m. |
Take home | 40% | 15/6/15 at 5 p.m. |
Due: Week FiveTutorials/OCS
Weighting: 20%
The Class Test will be of 50 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 and will cover material covered in the first three lectures.Students may bring a copy of the legislation (either a published annotated copy such as that written by Steinwall or Miller, or pages students have printed out themselves) 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: 15/4/16
Weighting: 10%
Research Assignment - Please see PART ONE below for this task
In ACCC v Coles [2014] FCA 1405, Gordon J at [102] observed (emphasis added):
Coles’ misconduct was serious. I reject Coles’ submission that these contraventions are somehow distinguishable, or of a less serious nature, because they did not involve vulnerable consumers. Coles’ conduct did not involve vulnerable consumers. Coles’ conduct did involve vulnerable suppliers – some of Coles’ smaller suppliers.... Indeed, their lack of size was one of the reasons why they were classified as Tier 3 Suppliers and targeted by Coles. These vulnerable suppliers were up against Coles - the second largest retailer of grocery products in Australia. It is unsurprising that Coles admits that it had substantially stronger bargaining power. It is difficult to envisage circumstances involving a larger disparity in bargaining power.
In their press release advising that they were bringing action against Woolworths for breach of s21, the ACCC noted(emphasis added):
The ACCC also alleges that these requests were made in circumstances where Woolworths was in a substantially stronger bargaining position than the suppliers, did not have a pre-existing contractual entitlement to seek the payments, and either knew it did not have or was indifferent to whether it had a legitimate basis for requesting a Mind the Gap payment from every targeted Tier B supplier.
What is meant by ‘bargaining power’? In what way is this the same or different to ‘market power’ in the context of s46? Could these actions against Coles and Woolworths been run using s46 instead of s21? If this is the case, then do any changes to s46 also have to consider s21?
Support your discussion by reference to case law and the discussion surrounding the Harper Review.
This task is to be done in two parts:
PART ONE – Due Friday 15th April at the On Campus Session – 10 MARKS
Prepare a short presentation (no more than 5 slides) outlining your views so far. You do not need to have reached a concluded view but must be able to explain your thoughts so far, and demonstrate wide reading to support your views.
PART TWO – Due Friday 6th May at 5 p.m. – 30 MARKS
Final assignment - 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. It is expected that your work will demonstrate a strong understanding of the current debate around s46 informed by your reading. This reading will be reflected in your references, but more importantly in your demonstrated understanding of the arguments.
Your work should not be presented in point form and all standard conventions of grammar and spelling should be observed. Please proof read before submission.
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 special consideration 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: 6/5/16 at 5 p.m.
Weighting: 30%
Research Assignment - PLEASE SEE INSTRUCTIONS ABOVE AND COMPLETE PART TWO BELOW
PART TWO – Due Friday 6th May at 5 p.m. – 30 MARKS
Final assignment - 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. It is expected that your work will demonstrate a strong understanding of the current debate around s46 informed by your reading. This reading will be reflected in your references, but more importantly in your demonstrated understanding of the arguments.
Your work should not be presented in point form and all standard conventions of grammar and spelling should be observed. Please proof read before submission.
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 special consideration 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: 15/6/15 at 5 p.m.
Weighting: 40%
The take home will consist of one hypothetical problem question which may raise any issues discussed in the course.
Word length: 3000 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 Saturday 11th June before midday.
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.
Students are expected to attend one two hour lecture and one tutorial each week.
STUDENTS ARE ALSO EXPECTED TO ATTEND ONE ON-CAMPUS DAY (FROM 9-4) ON FRIDAY 15TH APRIL
Lectures begin in week one, tutorials commence in week two.
Lectures are also available on ilecture, but students are reminded that if they have not either attended a lecture or completed the ilecture prior to the tutorial they will not understand the tutorial 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 tutorial 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.
REQUIRED READING
· Corones, SG The Australian Consumer Law 2nd edition (Thomson Reuters 2013)
· Corones, SG Competition Law in Australia 6th edition (Thomson Reuters, 2014)
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 Disruption to Studies 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 4th March |
Introduction to the Unit, Statutory Interpretation, History of Competition and Consumer regulation and the design of the Competition and Consumer Act 2010(Cth) | Regular lecture attendance is a continuing unit requirement |
Week 2 11th March |
Introduction to competition regulation |
Regular lecture attendance is a continuing unit requirement |
Week 3 18th March |
Collusion and Cartel Regulation | Regular lecture attendance is a continuing unit requirement |
Week 4 25th March GOOD FRIDAY |
Cartel Regulation continued;
NO LECTURE TODAY. TUTES THIS WEEK WILL BE I-TUTES - DETAILS TO BE PROVIDED |
Regular lecture attendance is a continuing unit requirement
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Week 5 1st April |
Misuse of Market Power
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Regular lecture attendance is a continuing unit requirement Tutorial Test 20% |
Week 6 8th April
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Exclusive Dealing and RPM; Mergers and Acquisitions; Authorisation.
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Regular lecture attendance is a continuing unit requirement |
LECTURE BREAK | ||
Week 7 29th April |
Introduction to Consumer Protection Regulation; Consumer Protection – warranties and guarantees |
Regular lecture attendance is a continuing unit requirement
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Week 8 6th May |
Misleading and deceptive conduct | Regular lecture attendance is a continuing unit requirement |
Week 9 13th May |
Misleading and deceptive conduct continued; Manufacturers’ Liability |
Regular lecture attendance is a continuing unit requirement |
Week 10 20th May |
Unconscionable conduct | Regular lecture attendance is a continuing unit requirement |
Week 11 27th May |
Unfair Contract Terms | Regular lecture attendance is a continuing unit requirement |
Week 12 3rd June |
Remedies and enforcement | Regular lecture attendance is a continuing unit requirement |
Week 13 10th June |
No lecture this week but tutorials continue |
Revision as required |
Take Home Exam Available Saturday 11th June Due Tuesday 15th June at 5 p.m. |
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
New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/
Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.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://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.
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