Unit convenor and teaching staff |
Unit convenor and teaching staff
Susan Carter
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(24cp in LAW or LAWS units) or (39cp including BUSL250 and BUSL301)
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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 explores the Competition and Consumer Act 2010 (Cth) , which contains Australia's national competition law and consumer protection law. The unit investigates both topics, by reference to different policy frameworks, including Australia's National Competition Policy and the Australian Consumer Law. 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 Five Tutorials/OCS |
Assignment | 40% | 17/4/16 at 5 p.m. |
Take home | 40% | 15/6/16 at 5 p.m. |
Due: Week Five Tutorials/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: 17/4/16 at 5 p.m.
Weighting: 40%
Research Assignment
Rod Sims, ACCC Chair, in a presentation to a Competition Law Conference in May 2015 observed:
As insiders, we all work on the basis that section 46 is about the competitive process. We also know that the ‘take advantage’ element is meant to provide the filter for distinguishing pro-competitive from anti-competitive conduct. Indeed, the courts have generally taken us in this direction.
But this is confusing to outsiders. Rather than appearing to use sensible logic, such as seeing whether competition is being enhanced or limited, the ‘take advantage’ reasoning can sound like a strange legal interpretation that stops the law working ‘as intended’.
The result is that there are many misguided views on what section 46 is meant to achieve, and the ACCC is very often urged to stamp down on conduct that section 46 should not prohibit.
https://www.accc.gov.au/speech/section-46-the-great-divide
Discuss.
In your discussion you should:
· Outline the current s46 provision and how it has been interpreted by the Courts;
· Provide at least one example, drawn from a media source in the last 12 months, of what Rod Sims has described as a ‘misguided view’;
· Demonstrate your understanding of the current arguments in relation to any amendments to s46; and
· Offer your view – which must be supported by relevant argument – of how s46 should be amended.
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: 15/6/16 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.
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.
Attendance at the on campus session is compulsory. If students do not attend they will be unable to complete the 20% class test.
The on campus classes will be held on Wednesday 13th and Thursday 14th April.
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 final assessment 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 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)
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 |
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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 - ASSIGNMENT DUE SUNDAY 17TH APRIL AT 5 P.M. | ||
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 graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.
This graduate capability is supported by:
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
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This graduate capability is supported by:
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This graduate capability is supported by:
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This graduate capability is supported by:
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As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
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Date | Description |
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24/02/2016 | Due date of final task has been corrected |
22/02/2016 | The due dates for the assignment and the take home were expressed as 2015 dates - they needed to be expressed as 2016 dates |