LAW5122

Restrictive trade practices 506

Mr J Duns

6 points
* Three 1-hour lectures per week
* First semester
* Clayton

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.

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 rationale and content of the prohibitions and related provisions contained in the competition provisions of the Trade Practices Act 1974 (Cth), namely the prohibitions against anti-competitive mergers, 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.

Assessment Written assignment (3000 words) and final examination (2.5 hours): 30% and 70% respectively
* or final examination (3.5 hours): 100%

Texts

Duns J and Davison M Trade practices and consumer protection: Cases and materials Butterworths
Steinwall and Layton Butterworths annotated Trade Practices Act Butterworths