Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

This unit examines that part of competition law concerned with regulating third party access to infrastructure and other essential facilities. The primary focus is on the legal and economic rationale for access and the process and decisions under Part IIIA of the Australian Competition and Consumer Act 2010. The availability of the misuse of market power provisions of the Act to deal with access applications is also considered.

Objectives

The objectives of this unit are:

1. to examine and analyse the legal and economic rationale for providing third-party access to existing infrastructure and other 'essential' services
2. to critically assess the role of the misuse of market power provisions of the Australian Competition and Consumer Act 2010 (and similar provisions in other jurisdictions) in regulating access
3. to critically assess the role of the access regimes in the Australian Competition and Consumer Act 2010 in regulating access, particularly in Part IIIA of the Act
4. to critically assess the relevant statutory and case law developed under the above provisions.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Contact hours

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).

This unit applies to the following area(s) of study

Commerial law