units

LAW7471

Faculty of Law

18 September 2017 23 December 2024
Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2012 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

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

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2012

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html

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.

Outcomes

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

Commercial law
Law