Students
LAWS5028 – Competition Law
2022 – Session 1, In person-scheduled-weekday, North Ryde
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Adrian Coorey
Thomas Shaw
|
|---|---|
| Credit points |
Credit points
10
|
| 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
|
| 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 5 quizzes at the following times:
Quiz 1
Open: 9am, Monday 7 March 2022 (Week 3)
Close: 5pm, Monday 7 March 2022 (Week 3)
Quiz 2
Open: 9am, Monday 14 March 2022 (Week 4)
Close: 5pm, Monday 14 March 2022 (Week 4)
Quiz 3
Open: 9am, Monday 21 March 2022 (Week 5)
Close: 5pm, Monday 21 March 2022 (Week 5)
Quiz 4
Open: 9am, Monday 28 March 2022 (Week 6)
Close: 5pm, Monday 28 March 2022 (Week 6)
Quiz 5
Open: 9am, Monday, 4 April 2022 (Week 7)
Close: 5pm, Monday 4 April 2022 (Week 7)
Each quiz consists of 5 multiple choice questions. Each multple choice question is worth 1 mark. Topics for each quiz will be provided in a separate document on iLearn. There is no need for research for the quiz. All quiz questions are based on information in the prescribed textbook.
HYPOTHETICAL PROBLEM QUESTIONS (50%)
There will be two hypothetical problem questions worth 25% each. More details will be provided on iLearn.
There is no need for research for the hypothetical problem questions. Both questions will be based on information in the prescribed textbook.
FINAL EXAM (TIME LIMITED) (25%)
There will be one hypothetical problem question worth 25%. More details will be provided on iLearn.
There is no need for research for the final exam. The question will be based on information provided on ilearn and the prescribed text.
Late Submission
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Quizzes | 25% | No | 7/3/2022 (Week 3) |
| Hypothetical Problem Question | 50% | No | 2/05/2022 (Week 9) |
| Time-limited Final Assessment | 25% | No | 8/6/2022 (Exam Period) |
Quizzes
Assessment Type 1: Participatory task
Indicative Time on Task 2: 2 hours
Due: 7/3/2022 (Week 3)
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: 2/05/2022 (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: 8/6/2022 (Exam Period)
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
Lectures
Each week will consist of a 2 hour lecture that is uploaded to Echo 360 on iLearn. Lectures will be availalbe in weeks 1 to 12. It is advised that you listen to the weekly lecture in advance of your corresponding weekly tutorial.
Tutorials
Each week consists of a 1 hour tutorial. Each student is expected to attend the tutorial that they are enrolled in. Due to privacy issues, the tutorials are not recorded.
A Zoom link is available on iLearn for all online tutorials.
Resources
Prescribed Textbook: Adrian Coorey, Australian Consumer Law - The Comprehensive Guide (Jurisprudentia, Sydney, 2021). The prescribed textbook is required for this course. 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 'STD2022'.
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/.
A Bruce, Australian Competition Law (4th Edition, LexisNexis, Sydney 2021). This textbook is optional (as detailed notes and other materials for the Competition Law topics will be uploaded on iLearn). This texbook can be purchased online from LexisNexis or from other online suppliers, e.g. Booktopia.
Unit Schedule
Reading List
Prescribed text: Adrian Coorey, Australian Consumer Law – The Comprehensive Guide (Jurisprudentia, Sydney, 2021) (Coorey).
Recommended Materials (optional): 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). A Bruce, Australian Competition Law (4th edition) (LexisNexis, Sydney 2021) (A Bruce).
Please note that Additional Reading (as listed below) is not mandatory reading. Students who wish to specialise in Australian Consumer Law and/or Australian Competition Law are encouraged to undertake the Additional Reading.
|
Week |
Topic |
Prescribed Reading |
Additional Reading (Optional) |
|
Australian Consumer Law |
|||
|
1 |
Introduction Definitions and Key Concepts |
Coorey – Ch 1 (pp 1-12, 20-25) Coorey – Ch 2 (pp 32-42, 60-85, 102-105, 121-130) |
- Coorey – Ch 2 (pp 93-96, 131-138) |
|
2 |
Misleading or Deceptive Conduct – General Principles |
Coorey – Ch 3 (pp 143-212) SGC Consumer Law I |
Coorey - Ch 6 (329-363) Coorey - Ch 7 (366-408) |
|
3 |
Misleading or Deceptive Conduct and Advertising |
Coorey – Ch 4 (pp 215-255, 261-283) |
Coorey - Ch 4 (pp 256-260) |
|
4 |
Misleading or Deceptive Conduct and the Internet |
Coorey - Ch 5 (pp 288-318) |
Coorey - Ch 5 (pp 318-326) |
|
5 |
False or Misleading Representations |
Coorey – Ch 8 (pp 411-457) SGC Consumer Law I |
- |
|
6 |
Unconscionable Conduct |
Coorey - Ch 9 (pp 461-514, 519-539) SGC Consumer Law II |
Coorey - Ch 9 (pp 515-518, 540-543) |
|
7 |
Unfair Contract Terms Specific Unfair Practices |
Coorey – Ch 10 (pp 546-562) SGC Consumer Law II Coorey – Ch 11 (pp 604-641) SGC Consumer Law II |
Coorey – Ch 11 (pp 642-643) |
|
8 |
Consumer Guarantees (and Remedies) |
Coorey – Ch 12 (pp 647-700) Coorey – Ch 13 (pp 703-725) SGC Consumer Law III |
- |
|
Australian Competition Law |
|||
|
9 |
Cartels |
Materials will be provided on iLearn |
SGC Competition Law I and II |
|
10 |
Anti-competitive contract, arrangements or understandings and concerted practices |
Materials will be provided on iLearn |
SGC Competition Law I and II |
|
11 |
Misuse of market power and Exclusive Dealings |
Materials will be provided on iLearn |
SGC Competition Law I and II |
|
12 |
Resale Price Maintenance and Mergers and Acquisitions |
Materials will be provided on iLearn |
SGC Competition Law III |
|
13 |
Revision |
Sample Question(s) to be provided on iLearn |
|
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
- Assessment Procedure
- Complaints Resolution 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
Academic Integrity
At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
The Writing Centre
The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.
- Workshops
- Chat with a WriteWISE peer writing leader
- Access StudyWISE
- Upload an assignment to Studiosity
- Complete the Academic Integrity Module
The Library provides online and face to face support to help you find and use relevant information resources.
Student Services and Support
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- IT Support
- Accessibility and disability support with study
- Mental health support
- Safety support to respond to bullying, harassment, sexual harassment and sexual assault
- Social support including information about finances, tenancy and legal issues
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Got a question? Ask us via AskMQ, or contact Service Connect.
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 2022.02 of the Handbook