Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Roderick Smith
Contact via email
Friday 3pm
Adrian Coorey
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
(16cp in LAW or LAWS units at 600 level or above) and (admission to JD or LLM or GradCertLaw or GradDipLaw)
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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 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.
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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:
MACQUARIE LAW SCHOOL POLICY ON ASSESSMENTS
Applications for a Special Consideration Policy are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Special Consideration 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. All Fail papers are double marked.
Name | Weighting | Hurdle | Due |
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Online test | 20% | No | Week 5 and 10 |
Assignment | 40% | No | 20/05/18 at 11.59 p.m. |
Final Assessment | 40% | No | 12/06/18 at 5 p.m. |
Due: Week 5 and 10
Weighting: 20%
There will be 2 Quizzes each worth 10%. These will be available through iLearn on Fridays of weeks 5 and 10 assessing the content from preceding weeks. Each quiz must be completed within an hour of commencement and each quiz will be available from 7:00am on Friday to 7:00am on Saturday. More information regarding the quizzes will be provided on iLearn. This is a timed assessment and no late submissions will be accepted.
Due: 20/05/18 at 11.59 p.m.
Weighting: 40%
Hypothetical Problem and theoretical question
You will be given a hypothetical problem and theoretical question at least four weeks prior to the due date. The hypothetical problem will cover all material presented prior to the due date. The theoretical question will be based on concepts in course materials already introduced by the due date. The distribution of marks shall be indicated on the assignment itself when it is distributed.
Total word limit: no more than 3,500 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.
Late Submission and extensions
The following policy for late penalties applies to all students in the Arts Faculty. 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.
A timed assessment is any assessment where the question is released five days or less before the answer is due. So for instance a multiple choice quiz that students have a limited time to complete once they open it is a ‘timed assessment’. A take home assessment where the question is released on the Monday and the answer is due on the Thursday is a ‘timed assessment’.
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.
Submission shall be via a turnitin link which will be set up in Ilearn.
Due: 12/06/18 at 5 p.m.
Weighting: 40%
The take home will consist of two hypothetical problem questions of equal value 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 8th 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. A very well prepared student should be able to complete this task in much less than a day. 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.
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.
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.
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.
Coorey, A. Australian Consumer Law 2015, Lexis Nexis
Bruce, A Australian Competition Law 2018, Lexis Nexis
NB A full reading list will be posted online prior to the commencement of the semester once the text books have been released from the publisher.
Please note that the earlier editions of Bruce's text are not adequate. The latest edition included the comprehensive changes brought about when the Harper Review changes and recommendations which have now been enacted.
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)
Week/Lecture Date |
Lecture Content |
Assessment |
Week 1 1st March |
Introduction to the Unit, Statutory Interpretation, History of Competition and Consumer regulation and the design of the Competition and Consumer Act 2010(Cth), introduction to Harper Review | It is necessary to listen to this lecture and complete the set readings for the week |
Week 2 8th March |
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 |
Week 3 15th March |
Misleading or deceptive conduct | It is necessary to listen to this lecture and complete the set readings for the week |
Week 4 22nd March |
Misleading or deceptive conduct continued: specific examples.
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It is necessary to listen to this lecture and complete the set readings for the week
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Week 5 29th March
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unconscionable conduct and unfair contract terms.
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It is necessary to listen to this lecture and complete the set readings for the week
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Week 6 5th April |
Other sharp practices and manufacturer's liability
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It is necessary to listen to this lecture and complete the set readings for the week |
Week 7 12th April |
Introduction to the Competition Law, History of Competition regulation and the design of the Competition and Consumer Act 2010(Cth), analysis of the Constitutional provisions for the passing of the CCA. |
It is necessary to listen to this lecture and complete the set readings for the week
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RECESS 14th to 29th April | ||
Week 8 3th May |
Introduction to competition regulation |
It is necessary to listen to this lecture and complete the set readings for the week
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Week 9 10th May |
Collusion and Cartel Regulation |
It is necessary to listen to this lecture and complete the set readings for the week |
Week 10 17th May |
Misuse of Market Power | It is necessary to listen to this lecture and complete the set readings for the week |
Week 11 24th May |
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 12 1st June |
Remedies and enforcement of both consumer and competition law. | It is necessary to listen to this lecture and complete the set readings for the week |
Week 13 8th June |
No lecture this week or tutorials this week |
Revision as required |
Take Home Exam Available 8th June Due Tuesday 12th June at 5 p.m. |
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/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 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:
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:
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:
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:
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:
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:
New texts have been prescribed. Consumer law been taught first and competition law being taught second
Date | Description |
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05/02/2018 | removal of reference to special consideration old law school policy |