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LAW5122 - Restrictive trade practices 506

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate Faculty of Law

Leader(s): John Duns

Offered

Clayton Second semester 2009 (Day)

Synopsis

The objectives of competition law. Background to the current competition provisions of the Trade Practices Act 1974 (Cth) and relevant State 'application' legislation. Administration of the act. Basic economic concepts of market, market power and competition. The prohibitions and related provisions contained in the competition provisions of the Trade Practices Act 1974 (Cth), namely the prohibitions against anti-competitive mergers and anti-competitive agreements. Misuse of market power. Exclusive dealing. Resale price maintenance. The provisions dealing with authorisation and notification of conduct which may otherwise be in breach of the act. Penalties and remedies.

Objectives

Students completing this unit should

  1. have an appreciation of the competing schools of thought on the objectives of competition law;
  2. be able to assess the circumstances under which conduct may substantially lessen competition and have a basic understanding of the economic concepts which underlie the competition provisions of the Trade Practices Act 1974 (Cth) and relevant State 'application' legislation; and
  3. have an understanding of the scope and content of the competition provisions of the Trade Practices Act 1974 (Cth) and relevant State 'application' legislation.

Assessment

Written assignment (3000 words): 30%
Examination (2 hours writing time plus 30 minutes reading and noting time): 70%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

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