LLH476 Competition Law


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Unit Outline: Semester 1 2024, Gardens Point, Internal

Unit code:LLH476
Credit points:12
Pre-requisite:LLH305. LLH305 can be studied in the same teaching period as LLH476.
Anti-requisite:LWB410
Coordinator:Michael Guihot | michael.guihot@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

The rationale for this advanced law elective unit is to provide an overview of those provisions of the Competition and Consumer Act 2010 (Cth) that regulate anti-competitive conduct and advanced knowledge of the rules regulating anti-competitive conduct .

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Analyse competition law principles in real world contexts (CLOs 1.1, 1.4)
  2. Critically evaluate the practice, operational aspects, current controversies and unresolved questions in the competition law field and make proposals for reform (CLOs 1.4, 2.1, 2.3)
  3. Communicate analysis and reasoning persuasively in written form (CLO 4.1)
  4. Select and appraise relevant sources, apply appropriate research methods and present research findings and recommendations (CLOs 3.1, 3.2, 3.3)

Content

The content covered in this unit includes:

  • preliminary matters: why legislate to protect competition?
  • regulating horizontal anti-competitive conduct and joint ventures
  • regulating anti-competitive mergers and acquisitions of assets
  • regulating vertical anti-competitive conduct
  • regulating the misuse of market power
  • authorisation of anti-competitive conduct that confers a public benefit
  • notification of exclusive dealing arrangements.
  • public enforcement by the ACCC
  • private enforcement.

Learning Approaches

This unit employs an active and collaborative approach to learning. It involves an online, self-led learning practice and live workshops where you will learn from experts and your peers. Prior to workshops, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.

Your participation in the unit will include: 

  • Engagement with online materials 
  • Discussions on Canvas and in live workshops
  • Collaboration with peers and experts to network and share your understandings 

Feedback on Learning and Assessment

Feedback on the development of your knowledge and skills in this unit is provided through:

  • the interactive workshops
  • the individual written feedback on your assessment
  • the generic feedback on your assessment
  • the option of private consultation with a member of the teaching team during student consultation.

Assessment

Overview

The assessment in this unit will be both summative and formative.

Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Advice

Acting as a legal practitioner, you will research and evaluate a legal problem and extract and critically analyse relevant principles and policies of competition law to offer creative problem-solving strategies and advise on a course of action.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Weight: 50
Length: 2000 words
Individual/Group: Individual
Due (indicative): Week 8
Related Unit learning outcomes: 1, 3, 4

Assessment: Research paper

Students will be required to research a current policy issue relating to competition law and answer a research question. A selection of topics will be provided.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Weight: 50
Length: 2000
Individual/Group: Individual
Due (indicative): Week 13
Related Unit learning outcomes: 1, 2, 3, 4

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

Alex Bruce, Australian Competition Law (Lexis Nexis, 4th ed, 2021).

Risk Assessment Statement

There are no out-of-the-ordinary risks associated with this unit.

Course Learning Outcomes

This unit is designed to support your development of the following course/study area learning outcomes.

LW36 Bachelor of Laws (Honours)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, Advice, Research paper
  2. The application, operation and evolution of law in diverse and changing contexts
    Relates to: ULO1, ULO2, Advice, Research paper
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO2, Research paper
  4. Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
    Relates to: ULO2, Research paper
  5. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO4, Advice, Research paper
  6. Selecting and applying appropriate research methods
    Relates to: ULO4, Advice, Research paper
  7. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO4, Advice, Research paper
  8. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO3, Advice, Research paper

LW37 Bachelor of Laws (Honours) (Graduate Entry)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, Advice, Research paper
  2. The application, operation and evolution of law in diverse and changing contexts
    Relates to: ULO1, ULO2, Advice, Research paper
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO2, Research paper
  4. Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
    Relates to: ULO2, Research paper
  5. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO4, Advice, Research paper
  6. Selecting and applying appropriate research methods
    Relates to: ULO4, Advice, Research paper
  7. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO4, Advice, Research paper
  8. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO3, Advice, Research paper