Classes:                                                                                            

Classes will progress through the various Lecture Areas referred to in this Unit Guide. There is one seminar each week (time allotted 3 hours).

The timetable for classes can be found on the University web site at:  http://www.timetables.mq.edu.au  

Required and Recommended Texts and Materials:

There are two textbooks for this subject, plus the Legislation for this Unit as follows:

1. Corones, S. G.  (2013) The Australian Consumer Law (2nd Edn), Thomson Reuters Lawbook Co., Pyrmont.

 (Abbrev C)

 2. Miller, R. V. (2012) Australian Competition Law and Policy (2nd Edn), Thomson Reuters Lawbook Co., Pyrmont.

(Abbrev M)

 Legislation

The Competition and Consumer Act (2010) (Commonwealth): see Commonwealth Consolidated Legislation at: www.austlii.edu.au

Texts can be purchased from the Macquarie University Co-op Bookshop, and are available in the Macquarie University library.

Other useful websites: www.smh.com.au; www.fairtrading.nsw.gov.au

By using www resources students are able to gain a perspective on their studies and be aware of real world situations where competition and consumer law is relevant. Newspaper coverage of various consumer law cases give depth and realism to the formal explanations of the law in texts. Unit Web Page Course materials are also available on iLearn.

Teaching and Learning Strategy Students should take responsibility for their own learning and this will incorporate reading as required, attendance at classes, developing effective study strategies, reflection on their abilities, and a task oriented approach to assessment – that is, do not think solely about your input (gathering information) think about what will be required, what makes for successful performance in tests, how will you use the law you have studied?

There are 2 main components of successful competition and consumer law study: one is that students must have some knowledge of the core issues [take short clear notes in lectures, think about your tasks, involve yourself in classes]; the second is that students will be more successful if they can apply what they have learned, that is, in your test, final exam and other assessment such as your case study. For instance, you have to be able to use consumer protection law to solve problems or to clearly explain issues.

Classes should be used by students to test their understanding of the unit in an environment where immediate feedback is available from the lecturer – students should be prepared to respond to, and ask, questions – being active is an important aspect of both study and professional practice and classes will be of more benefit to all students if they are willing to participate. Students are expected to attend classes. Where any issue arises as to a student’sperformance it may be necessary to consider whether they have attended all the classes.  

Technology Used and Required: Students must be familiar with iLearn. Students are required to conduct their own research and need to be familiar with Internet search engines.  

Week 1          INTRODUCTION

Examines concepts and principles of ‘competition’ and ‘consumer protection’ and considers the history and legislative framework applicable to Australia and NSW. Introduces the Competition and Consumer Act (2010) (Cth) - scope and range.

Miller Chaps 1 & 2

Week 2          COMPETITION LAW

What is (and is not) a ‘trading corporation’. Examines the role and purposes of the ACCC (the regulator), and key agencies. Examines in further detail the concepts of ‘market’ and ‘competition’; the definitions of ‘goods and services’ and of ‘consumers’. What is the ACCC and what are the roles of the state Departments of Fair Trading?

Miller Chaps 4 & 5

Week 3          ANTI-COMPETITIVE CONDUCT: CARTELS AND PRICE FIXING

What constitutes ‘anti-competitive’ behaviour including ‘cartels’ and ‘price fixing’? Interpretations and applications of the Act examining relevant case law.

M  Chaps 6 & 7

Week 4          MISUSE OF MARKET POWER & BOYCOTTS

Reviews relevant sections of the Act and case law governing market power (and its misuse), mergers and acquisitions. Considers ‘prohibited conduct’ and case examples where the ACCC has both won and lost arguments over the misuse of market power and retail price maintenance (RPM).Also examines prohibited conduct relating to primary and secondary boycotts and the applicable sections and relevant case law.

M Chaps 9, 10, 12 & 13

Week 5          LIABILITY FOR BREACHES OF COMPETITION LAW

Reviews liability for breaches of the Act; considers statutory defences and Court powers to make orders under the Act – with applicable case examples.

M Chap 16

6         REVIEW COMPETITION LAW AND INTRODUCE CONSUMER LAW

Review key competition cases and concepts; clarify definitions and policy objectives and examples of consumer laws.

Corones Chaps 1, 2 & 3

Week 7  In class test

Week 8  CONSUMER LAW

Examines unconscionable conduct, misleading and deceptive conduct and unfair contract terms. Section 18 of the CCA (formerly s 52 of the TPA) is examined in detail along with relevant case law. Specific false representations (s. 29) and unfair sales techniques are examined and students should note that breaches of s. 29 may give rise to criminal as well as civil liability.

Corones Chaps 4, 5 & 6 (wk 7); 7 & 8 (wk 8)

Week 9          GUARANTEES

Reviews consumer guarantees and agreements; definition of ‘acceptable quality’; warranties against defects and case examples where breaches have been recorded. Product liability, dispute resolution, enforcement and remedies are considered.

C Chaps 9, 10 & 15

10        PRODUCT RECALL AND MANUFACTURERS LIABILITY

Overviews the liability of manufacturers for goods with safety defects. Examines defences available under the Act and the possibility of contributory negligence (s. 137A of the CCA). This topic reviews litigation and arbitration as mechanisms for resolving international commercial disputes.

C Chaps 11-12

11        PUBLIC ENFORCEMENT 

Examines criminal prosecutions and public enforcement - including examples of available Court orders. This topic covers the relevant statutory provisions, relevant case law and available defences.

C Chap 13; M Chap 16

12        PRIVATE REMEDIES

This topic examines civil proceedings and remedies related to breaches of guarantees.

C chapt 14

Week 13        Revision and Final examination guidance

In addition to the course materials and textbook, students are encouraged to consult different sources and search for external reading materials and practical reports. This will enhance their understanding of the unit concepts and support their learning process.