LAW5122

Restrictive trade practices 506 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Dr John Duns

Offered:
Clayton First semester 2005 (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 subject 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: Optional written assignment (3000 words): 30% + Final examination (2.5 or 3.5 hours): 70% or 100%

Contact Hours: Three 1-hour lectures per week

Prerequisites: LAW1100 Legal Process