Students
LAWS5028 – Competition Law
2021 – Session 1, Special circumstances
Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group activities on campus, and most will keep an online version available to those students unable to return or those who choose to continue their studies online.
To check the availability of face-to-face and online activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
General Information
Download as PDF
| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Coordinator
Adrian Coorey
Contact via n/a
n/a
Please contact the Unit Coordinator via iLearn in advance for consultation
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| Credit points |
Credit points
10
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| Prerequisites |
Prerequisites
(80cp in LAW or LAWS units) or (130cp including (BUSL250 and BUSL301) or BUSL251 or ACCG2051)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
The unit introduces students to the principal areas of law in Australia which aim to preserve competition in the economy and to ensure consumer protection. Attention will focus on the competition law provisions in the Competition and Consumer Act 2010 and their theoretical underpinnings. Topics include cartels; anticompetitive agreements and concerted practices; misuse of market power; mergers; warranties and guarantees; misleading or deceptive conduct; unconscionable conduct and unfair contract terms; remedies and enforcement of both consumer and competition law. |
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:
- ULO1: Understand the economic concepts used in competition law to articulate the effects of anticompetitive practices.
- ULO2: Consolidate the development of competition law in Australia and various parts of the world and examine the objective(s) of competition law in the economy.
- ULO3: Consider the powers of the courts, regulatory bodies, and private individuals to distinguish between different enforcement methods in competition and consumer law.
- ULO4: Apply the Competition and Consumer Act, case law, and soft law to solve problems in competition and consumer law.
General Assessment Information
QUIZZES (25%)
There will be 25 multiple choice to be completed online during tutorial times commencing from 24 March 2021 (Week 5) and continue for five classes until
For the sake of clarity, the dates for the multiple choice assessment are as follows:
1. In tutorial class on 24 March 2021 (Week 5) = 5 multiple choice questions worth a total of 5 marks;
2. In tutorial class on 31 March 2021 (Week 6) = 5 multiple choice questions worth a total of 5 marks;
3. In tutorial class on 21 April 2021 (Week 7) = 5 multiple choice questions worth a total of 5 marks;
4. In tutorial class on 28 April 2021 (Week 8) = 5 multiple choice questions worth a total of 5 marks; and
5. In tutorial class on 5 May 2021 (Week 9) = 5 multiple choice questions worth a total of 5 marks.
There is no need for research. All quiz questions are based off the prescribed textbook, Adrian Coorey, Australian Consumer Law - The Comprehensive Guide (Jurisprudentia, Sydney, 2021) and Student Guide Cards, Consumer Law I, II and III.
HYPOTHETICAL PROBLEM ASSESSMENT (50%)
There will be two hypothetical problem questions worth 25% each. More details will be provided on ILearn.
There is no need for research. Both problem questions are based off the prescribed textbook, Adrian Coorey, Australian Consumer Law - The Comprehensive Guide (Jurisprudentia, Sydney, 2021) and Student Guide Cards, Consumer Law I, II and III.
TIME LIMIT FINAL EXAM (25%)
There will be one hypothetical problem question worth 25% . More details will be provided on ILearn.
There is no need for research. The final problem question is based off the prescribed textbook, Adrian Coorey, Australian Consumer Law - The Comprehensive Guide (Jurisprudentia, Sydney, 2021) and Student Guide Cards, Consumer Law I, II and III.
Additional materials for the competition aspects of the assessment will be provided on ilearn.
Late Submission Penalty
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Quizzes | 25% | No | 24/3/2021 (Week 5) |
| Hypothetical Problem Question | 50% | No | 3/5/2021 (Week 9) |
| Time-limited Final Assessment | 25% | No | 10/6/2021 |
Quizzes
Assessment Type 1: Participatory task
Indicative Time on Task 2: 2 hours
Due: 24/3/2021 (Week 5)
Weighting: 25%
In the tutorials/OCS students will need to complete short quizzes
On successful completion you will be able to:
- Understand the economic concepts used in competition law to articulate the effects of anticompetitive practices.
- Consolidate the development of competition law in Australia and various parts of the world and examine the objective(s) of competition law in the economy.
- Consider the powers of the courts, regulatory bodies, and private individuals to distinguish between different enforcement methods in competition and consumer law.
Hypothetical Problem Question
Assessment Type 1: Problem set
Indicative Time on Task 2: 45 hours
Due: 3/5/2021 (Week 9)
Weighting: 50%
Students will be required to solve a hypothetical problem question.
On successful completion you will be able to:
- Understand the economic concepts used in competition law to articulate the effects of anticompetitive practices.
- Apply the Competition and Consumer Act, case law, and soft law to solve problems in competition and consumer law.
Time-limited Final Assessment
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: 10/6/2021
Weighting: 25%
Students will be required to solve a hypothetical problem question in a time-limited take home test
On successful completion you will be able to:
- Understand the economic concepts used in competition law to articulate the effects of anticompetitive practices.
- Apply the Competition and Consumer Act, case law, and soft law to solve problems in competition and consumer law.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
DELIVERY
Students are expected to listen to weekly lectures, which are around 2 hours long. Lectures begin in Week 1 and are available on Echo 360 via the iLearn unit page. Each week, students should also attend one-hour of tutorials.
The OCS will be held on 16 and 17 April. Students are expected to have prepared for the OCS by having listened to the lecture recordings. During the OCS students are expected to complete short quizzes (these quizzes amount to 25% of the final mark for this unit).
RESOURCES
Prescribed Textbook: Adrian Coorey, Australian Consumer Law - The Comprehensive Guide (Jurisprudentia, Sydney, 2021). All students must purchase the prescribed textbook, as it is the most up-to date coverage of the Australian Consumer Law, and all assessments are based off it. The textbook can be purchased online at https://www.jurisprudentia.com.au/. Please do not pay the full price for the textbook. There is a student discount for the textbook when you enter the shopping cart. Please enter the following code 'STD2021'.
Recommended Material: Jurisprudentia, Consumer Law I, II and II (Student Guide Cards, Sydney, 2021) and Competition Law I, II and III (Student Guide Cards, Sydney, 2021). The Guide Cards can be purchased online at https://www.jurisprudentia.com.au/. Jurisprudentia also offers discounts for bundles of Guide Cards and the textbook.
A full reading list for each weekly topic be posted on the iLearn unit page.
Unit Schedule
READING LIST
Prescribed text: Adrian Coorey, Australian Consumer Law – The Comprehensive Guide (Jurisprudentia, Sydney, 2021) (Coorey).
Additional Materials: Student Guide Cards, Consumer Law I, II and III (Jurisprudentia, Sydney, 2021) (SGC Consumer Law I, II and III) and Competition Law I, II and III (Jurisprudentia, Sydney, 2021) (SGC Competition Law I, II and III).
There is no prescribed text for the Competition Law aspect of this course. Additional learning materials will be provided on iLearn.
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Week |
Topic |
Prescribed Reading |
Additional Reading (Optional)[1] |
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Australian Consumer Law |
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1 |
Introduction |
Coorey – Ch 1 (pp 1-12, 20-25) |
- |
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2 |
Definitions and Key Concepts |
Coorey – Ch 2 (pp 32-42, 60-85, 102-105, 121-130 |
Coorey – Ch 2 (pp 93-96, 131-138) |
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3 |
Misleading or Deceptive Conduct – General Principles |
Coorey – Ch 3 (pp 143-175, 182-190, 198-212) SGC Consumer Law I |
Coorey – Ch 3 (pp 176-181) |
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4 |
Misleading or Deceptive Conduct and Advertising |
Coorey – Ch 4 (pp 215-254) |
Coorey - Ch 4 (pp 254-260) |
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5 |
Misleading or Deceptive Conduct and the Internet |
Coorey – Ch 4 (pp 261-279) Coorey - Ch 5 (pp 288-318) |
Coorey - Ch 4 (pp 280-283) Coorey - Ch 5 (pp 318-326) |
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6 |
False or Misleading Representations |
Coorey – Ch 8 (pp 411-449) SGC Consumer Law I |
Coorey – Ch 8 (pp 450-457) |
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7 |
Unconscionable Conduct |
Coorey - Ch 9 (pp 461-514) SGC Consumer Law II |
Coorey - Ch 9 (pp 515-543) |
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8 |
Unfair Contract Terms Specific Unfair Practices |
Coorey – Ch 10 (pp 546-594) SGC Consumer Law II Coorey – Ch 11 (pp 604-643) SGC Consumer Law II |
Coorey – Ch 10 (pp 595-562) |
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9 |
Consumer Guarantees (and Remedies) |
Coorey – Ch 12 (pp 647-677) Coorey – Ch 13 (pp 703-716) SGC Consumer Law III |
Coorey – Ch 12 (pp 678-700) Coorey – Ch 13 (pp 716-725) |
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Australian Competition Law |
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10 |
Cartels |
Materials will be provided on iLearn |
SGC Competition Law I and II |
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11 |
Anti-competitive contract, arrangements or understandings and concerted practices |
Materials will be provided on iLearn |
SGC Competition Law I and II |
|
12 |
Misuse of market power and Exclusive Dealings |
Materials will be provided on iLearn |
SGC Competition Law I and II |
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13 |
Resale Price Maintenance and Mergers and Acquisitions |
Materials will be provided on iLearn |
SGC Competition Law III |
[1] Additional Reading is not mandatory reading. Students who wish to specialise in Australian Consumer Law are encouraged to undertake the Additional Reading.
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@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 help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
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
If you are a Global MBA student contact globalmba.support@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.
Changes from Previous Offering
This course is focused on Australian Consumer Law and covers the main areas of Australian Competition Law. The course has been entirely updated with the reference to the latest legislation, case law and secondary sources.
Unit information based on version 2021.03 of the Handbook