Students

LAWS820 – Competition Law

2017 – S1 Day

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Vijaya Nagarajan
Contact via 98507911
W3A 534
Thursday 3 - 5 pm and by appointment
Adrian Coorey
Credit points Credit points
4
Prerequisites Prerequisites
(16cp in LAW or LAWS units at 600 level or above) and (admission to JD or LLM or GradCertLaw or GradDipLaw)
Corequisites Corequisites
Co-badged status Co-badged status
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.

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:

  • Describe the scope of the Competition and Consumer Act 2010 (Cth)('the Act');its provisions; how it affects daily life; the Constitutional issues influencing its design; and how an Application scheme operates to address these Constitutional issues.
  • Develop knowledge of and skills in statutory interpretation by working closely with the Act's provisions.
  • Examine the differences between the previous legislation and its current form; analyse ongoing amendments and proposed amendments, appreciate the process of legislative change, the relationship between the courts and Parliament and the dynamic nature of the law.
  • Analyse the role of regulatory bodies, in particular the ACCC, in law enforcement and the policy considerations which may influence enforcement.
  • Critically appraise the Act, considering: whether it achieves its stated aims; the difficulties of translating policy into legislation; and the tensions between competing aims in the legislation.
  • Apply the Act to solve problems in competition and consumer law.

General Assessment Information

MACQUARIE LAW SCHOOL POLICY ON ASSESSMENTS 

In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.  Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation.  Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.

Word limits will be strictly applied and work above the word limit will not be marked. 

All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.

MODERATION POLICY

Detailed marking rubrics will be made available on iLearn. Markers in this unit undertake a process of 'blind marking' to establish a common marking standard and all Fail papers are double marked. 

Assessment Tasks

Name Weighting Hurdle Due Groupwork/Individual Short Extension AI assisted?
Class Test 20% No Week Five Tutorials/OCS No
Assignment 40% No 4/05/17 at 5 p.m. No
Final Assessment 40% No 13/06/17 at 5 p.m. No

Class Test

Due: Week Five Tutorials/OCS
Weighting: 20%
Groupwork/Individual:
Short extension 3: No
AI assisted?:

The Class Test will be of 40 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.


On successful completion you will be able to:
  • Describe the scope of the Competition and Consumer Act 2010 (Cth)('the Act');its provisions; how it affects daily life; the Constitutional issues influencing its design; and how an Application scheme operates to address these Constitutional issues.
  • Develop knowledge of and skills in statutory interpretation by working closely with the Act's provisions.
  • Analyse the role of regulatory bodies, in particular the ACCC, in law enforcement and the policy considerations which may influence enforcement.
  • Apply the Act to solve problems in competition and consumer law.

Assignment

Due: 4/05/17 at 5 p.m.
Weighting: 40%
Groupwork/Individual:
Short extension 3: No
AI assisted?:

Research Assignment

Two recent cases brought under section 21 of the Australian Consumer Law will determine how the section will be interpreted and used in future. While in ACCC v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405, Coles admitted contraventions and reached agreement with the ACCC on appropriate relief, in ACCC v Woolworths Limited [2016] FCA 1472, the Federal Court dismissed the proceedings brought under s 21.

Compare the decision of the Court in these two cases and assess how they contribute to the interpretation of section 21.

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 the relevant law, 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.

  • Referencing should be in accordance with AGLC 3.
  • Please use a font size no smaller than 12 point font. Headings and sub-headings may be used as appropriate to assist in the clear structure of your argument.
  • All assignments are to be submitted through the Turnitin portal on the ilearn webpage.

Late Submission and extensions

In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.  Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation.  Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.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.


On successful completion you will be able to:
  • Describe the scope of the Competition and Consumer Act 2010 (Cth)('the Act');its provisions; how it affects daily life; the Constitutional issues influencing its design; and how an Application scheme operates to address these Constitutional issues.
  • Develop knowledge of and skills in statutory interpretation by working closely with the Act's provisions.
  • Examine the differences between the previous legislation and its current form; analyse ongoing amendments and proposed amendments, appreciate the process of legislative change, the relationship between the courts and Parliament and the dynamic nature of the law.
  • Analyse the role of regulatory bodies, in particular the ACCC, in law enforcement and the policy considerations which may influence enforcement.
  • Critically appraise the Act, considering: whether it achieves its stated aims; the difficulties of translating policy into legislation; and the tensions between competing aims in the legislation.
  • Apply the Act to solve problems in competition and consumer law.

Final Assessment

Due: 13/06/17 at 5 p.m.
Weighting: 40%
Groupwork/Individual:
Short extension 3: No
AI assisted?:

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 10th 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 3-4 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.


On successful completion you will be able to:
  • Describe the scope of the Competition and Consumer Act 2010 (Cth)('the Act');its provisions; how it affects daily life; the Constitutional issues influencing its design; and how an Application scheme operates to address these Constitutional issues.
  • Develop knowledge of and skills in statutory interpretation by working closely with the Act's provisions.
  • Examine the differences between the previous legislation and its current form; analyse ongoing amendments and proposed amendments, appreciate the process of legislative change, the relationship between the courts and Parliament and the dynamic nature of the law.
  • Analyse the role of regulatory bodies, in particular the ACCC, in law enforcement and the policy considerations which may influence enforcement.
  • Critically appraise the Act, considering: whether it achieves its stated aims; the difficulties of translating policy into legislation; and the tensions between competing aims in the legislation.
  • Apply the Act to solve problems in competition and consumer law.

Delivery and Resources

DELIVERY

INTERNAL STUDENTS 

Students are expected to listen to one two hour lecture each week which will be posted online.

Lectures begin in week one. 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.

Tutorials will commence in week two. Questions for tutorials will be posted on the iLearn page regularly. Students are expected to have prepared for the tutorials. 

EXTERNAL STUDENTS

Students are expected to and complete the essential readings and listen to one two hour lecture which will be available online each week.

Students are expected to attend the OCS sessions for this unit. Attendance at the OCS is necessary for all external students. Please carefully check the dates, times and rooms for these sessions. Materials for discussion, including tutorial questions, will be posted online in Week 3.

TECHNOLOGY

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.

 

REQUIRED READING

Texts 

·        Corones, SG The Australian Consumer Law 3rd edition (Thomson Reuters 2016)  

Legislation

  • You will need access to the Competition and Consumer Act 2010 (Cth). As we will see, this legislation is the subject of heavy and almost constant amendment, so it is critical to have access to an up-to-date version. The versions on line are usually up to date, but not as helpful as the printed, annotated legislation. Two versions of the annotated legislation are available - one by Miller and one by Steinwall. Both are excellent, and it will be advantageous if you obtain a copy of the annotated legislation of your choice. Second hand copies are available, but as the legislation changes frequently, any annotated legislation older than 2015 will be of little use and will need to be checked against the current text of the legislation. It should be clear from lectures which sections have been the subject of recent amendment.
  • The Macquarie University branch of the coop bookshop will offer the text and annotated legislation as a package at a competitive price. 
  • You should expect the legislation to change during the later part of 2017 - especially the Competition provisions.

Useful websites

 GRADING CRITERIA

GRADING CRITERIA FOR INDIVIDUAL ASSESSMENTS

 

1.    ASSESSMENT CRITERIA FOR ASSIGNMENT

FAIL (49% AND BELOW)

  • does not answer question;
  • few if any identifiable arguments;
  • inappropriate and/or irrelevant content;
  • plagiarism, use of other students’ work, ‘recycling’ own work from other units;
  • difficult to read and/or understand through poor grammar, spelling, expression or structure.

PASS (50% - 64%)

  • attempts to answer question, but does not answer the entire question, or follow through with reasoned argument;
  • does not demonstrate engagement with the issues;
  • descriptive summary of material relevant to question;
  • superficial use of material and tendency to paraphrase and/or quote heavily;
  • minimal analysis and evaluation;
  • adequate expression.

CREDIT (65%-74%)

  • mostly answers the question;
  • contains no significant errors and covers relevant issues fairly well;
  • articulates own argument including critical evaluation of the issues;
  • good use of material relevant to question;
  • has clear structure and clear expression

DISTINCTION (75%-84%)

  • completely answers the question;
  • articulates own argument including critical evaluation of the issues;
  • excellent use of material relevant to question;
  • excellent expression and free from errors

HIGH DISTINCTION (85% and above)

  • satisfies all the criteria for a Distinction; and
  • contains striking originality in analysis;
  • innovative use of material relevant to the question;
  • exceptionally well written and exceptionally well-structured.

2.    ASSESSMENT CRITERIA FOR PROBLEM QUESTIONS

FAIL (49% AND BELOW)

  • fails to identify  and discuss relevant issues of law raised by facts;
  • contains incorrect statements of law;
  • does not provide relevant authorities for propositions of law;
  • inappropriate and/or irrelevant content;
  • plagiarism, use of other students’ work, ‘recycling’ own work from other units;
  • difficult to read and/or understand through poor grammar, expression or structure
  • fails to comply with formatting instructions.                                    

PASS (50% - 64%)

  • correctly identifies and discusses a limited number of issues of law raised by the facts
  • contains no significant errors of law;
  • provides correct authorities for propositions of law;
  • attempts to apply relevant law to the given facts;
  • adequate expression.

CREDIT (65%-74%)

  • correctly identifies and discusses most of the issues of law raised by the facts;
  • contains no errors of law;
  • provides correct authorities for propositions of law;
  • successfully applies relevant law to the given facts;
  • identifies differences between facts in the question and fact patterns in cases, and attempts to discuss relevance of this to the solution;
  • identifies discrepancies/inconsistencies within the law, and attempts to resolve these where they are relevant to the given facts;
  • attempts to explain which outcome is more likely where there is more than 1 possible solution to the problem;
  • has clear structure and clear expression

DISTINCTION (75%-84%)

  • correctly identifies and discusses all of the issues of law raised by the facts;
  • contains no errors of law
  • provides correct authorities for propositions of law;
  • successfully applies relevant law to the given facts;
  • identifies differences between facts in the question and fact patterns in cases, and successfully discusses the relevance of this to the solution;
  • identifies discrepancies/inconsistencies within the law,  and successfully resolves these where they are relevant to the given facts;
  • successfully explains which outcome is more likely where there is more than 1 possible solution to the problem;
  • has very clear structure and clear expression

HIGH DISTINCTION (85% and above)

  • satisfies all the criteria for a Distinction;
  • is exceptionally well written and exceptionally well-structured.
  • demonstrates superior and original analytical skills.  

3. LATE SUBMISSION AND EXTENSIONS

In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.  Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation.  Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.

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 

 

Unit Schedule

Week/Lecture Date

Lecture Content

Assessment

Week 1

2nd March

Introduction to the Unit, Statutory Interpretation, History of Competition and Consumer regulation and the design of the Competition and Consumer Act 2010(Cth) It is necessary to listen to this lecture and complete the set readings for the week

Week 2

9th March

Introduction to competition regulation

It is necessary to listen to this lecture and complete the set readings for the week

Week 3

16th March

Collusion and Cartel Regulation It is necessary to listen to this lecture and complete the set readings for the week

Week 4

23rd March

 

Cartel Regulation continued

 

 

It is necessary to listen to this lecture and complete the set readings for the week

 

Week 5

30th March

 

Misuse of Market Power

 

It is necessary to listen to this lecture and complete the set readings for the week

Tutorial Test 20%

Week 6

6th April

Exclusive Dealing and RPM; Mergers and Acquisitions; Authorisation.

 

It is necessary to listen to this lecture and complete the set readings for the week

Week 7

13th  April

Introduction to Consumer Protection Regulation; Consumer Protection – warranties and guarantees

It is necessary to listen to this lecture and complete the set readings for the week

 

  RECESS 10th April to 28th April  

Week 8

4th May

Misleading and deceptive conduct

It is necessary to listen to this lecture and complete the set readings for the week

Assignment due on 4th May

Week 9

11th May

Misleading and deceptive conduct continued; Manufacturers’ Liability

It is necessary to listen to this lecture and complete the set readings for the week

Week 10

18th May

Unconscionable conduct It is necessary to listen to this lecture and complete the set readings for the week

Week 11

25th May

Unfair Contract Terms It is necessary to listen to this lecture and complete the set readings for the week

Week 12

1st June

Remedies and enforcement It is necessary to listen to this lecture and complete the set readings for the week

Week 13                  

10th June           

No lecture this week but

tutorials  

continue

Revision as required    

Take Home Exam

Available Saturday 10th June

Due Tuesday 13th June at 5 p.m.

Learning and Teaching Activities

Tutorial Problem and Discussion Questions

Questions will be posted on iLearn weekly

Policies and Procedures

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_2016.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 (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html

Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

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.

Student Support

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

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

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.

Graduate Capabilities

PG - Capable of Professional and Personal Judgment and Initiative

Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.

This graduate capability is supported by:

Learning outcomes

  • Develop knowledge of and skills in statutory interpretation by working closely with the Act's provisions.
  • Examine the differences between the previous legislation and its current form; analyse ongoing amendments and proposed amendments, appreciate the process of legislative change, the relationship between the courts and Parliament and the dynamic nature of the law.
  • Analyse the role of regulatory bodies, in particular the ACCC, in law enforcement and the policy considerations which may influence enforcement.
  • Critically appraise the Act, considering: whether it achieves its stated aims; the difficulties of translating policy into legislation; and the tensions between competing aims in the legislation.
  • Apply the Act to solve problems in competition and consumer law.

Assessment tasks

  • Assignment
  • Final Assessment

PG - Discipline Knowledge and Skills

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:

Learning outcomes

  • Describe the scope of the Competition and Consumer Act 2010 (Cth)('the Act');its provisions; how it affects daily life; the Constitutional issues influencing its design; and how an Application scheme operates to address these Constitutional issues.
  • Develop knowledge of and skills in statutory interpretation by working closely with the Act's provisions.
  • Examine the differences between the previous legislation and its current form; analyse ongoing amendments and proposed amendments, appreciate the process of legislative change, the relationship between the courts and Parliament and the dynamic nature of the law.
  • Analyse the role of regulatory bodies, in particular the ACCC, in law enforcement and the policy considerations which may influence enforcement.
  • Critically appraise the Act, considering: whether it achieves its stated aims; the difficulties of translating policy into legislation; and the tensions between competing aims in the legislation.
  • Apply the Act to solve problems in competition and consumer law.

Assessment tasks

  • Class Test
  • Assignment
  • Final Assessment

PG - Critical, Analytical and Integrative Thinking

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:

Learning outcomes

  • Describe the scope of the Competition and Consumer Act 2010 (Cth)('the Act');its provisions; how it affects daily life; the Constitutional issues influencing its design; and how an Application scheme operates to address these Constitutional issues.
  • Develop knowledge of and skills in statutory interpretation by working closely with the Act's provisions.
  • Examine the differences between the previous legislation and its current form; analyse ongoing amendments and proposed amendments, appreciate the process of legislative change, the relationship between the courts and Parliament and the dynamic nature of the law.
  • Analyse the role of regulatory bodies, in particular the ACCC, in law enforcement and the policy considerations which may influence enforcement.
  • Critically appraise the Act, considering: whether it achieves its stated aims; the difficulties of translating policy into legislation; and the tensions between competing aims in the legislation.
  • Apply the Act to solve problems in competition and consumer law.

Assessment tasks

  • Assignment
  • Final Assessment

PG - Research and Problem Solving Capability

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:

Learning outcomes

  • Describe the scope of the Competition and Consumer Act 2010 (Cth)('the Act');its provisions; how it affects daily life; the Constitutional issues influencing its design; and how an Application scheme operates to address these Constitutional issues.
  • Develop knowledge of and skills in statutory interpretation by working closely with the Act's provisions.
  • Examine the differences between the previous legislation and its current form; analyse ongoing amendments and proposed amendments, appreciate the process of legislative change, the relationship between the courts and Parliament and the dynamic nature of the law.
  • Analyse the role of regulatory bodies, in particular the ACCC, in law enforcement and the policy considerations which may influence enforcement.
  • Critically appraise the Act, considering: whether it achieves its stated aims; the difficulties of translating policy into legislation; and the tensions between competing aims in the legislation.
  • Apply the Act to solve problems in competition and consumer law.

Assessment tasks

  • Class Test
  • Assignment
  • Final Assessment

PG - Effective Communication

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:

Learning outcomes

  • Describe the scope of the Competition and Consumer Act 2010 (Cth)('the Act');its provisions; how it affects daily life; the Constitutional issues influencing its design; and how an Application scheme operates to address these Constitutional issues.
  • Develop knowledge of and skills in statutory interpretation by working closely with the Act's provisions.
  • Examine the differences between the previous legislation and its current form; analyse ongoing amendments and proposed amendments, appreciate the process of legislative change, the relationship between the courts and Parliament and the dynamic nature of the law.
  • Analyse the role of regulatory bodies, in particular the ACCC, in law enforcement and the policy considerations which may influence enforcement.
  • Critically appraise the Act, considering: whether it achieves its stated aims; the difficulties of translating policy into legislation; and the tensions between competing aims in the legislation.
  • Apply the Act to solve problems in competition and consumer law.

Assessment tasks

  • Class Test
  • Assignment
  • Final Assessment

PG - Engaged and Responsible, Active and Ethical Citizens

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:

Learning outcomes

  • Critically appraise the Act, considering: whether it achieves its stated aims; the difficulties of translating policy into legislation; and the tensions between competing aims in the legislation.
  • Apply the Act to solve problems in competition and consumer law.

Assessment task

  • Assignment

Changes from Previous Offering

New texts have been prescribed.