Outline

Overview

Competition and consumer law impacts on everyone and on every business. This unit examines provisions in the Competition and Consumer Act 2010 (Cwth) that regulate a range of business activities, including, dealings between businesses and with consumers, pricing, advertising and unfair practices. The focus will be on current enforcement priorities of the Australian Competition and Consumer Commission and topics covered will include: cartel conduct, misuse of market power, vertical restraints on competition, anti-competitive acquisitions and key aspects of Australian consumer law including: product safety, consumer guarantees, unfair contract terms, unconscionable conduct and misleading or deceptive conduct. Students will analyse legal and business issues involving competition and consumer law arising from given fact situations and real-world contexts to increase awareness of legal risk situations in business and understanding of how these risks may be managed.

Unit details and rules

Academic unit
Credit points	6
Prerequisites ?	CLAW1001 or CLAW2214
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Anna Ward, anna.ward@sydney.edu.au
Lecturer(s)	Anna Ward, anna.ward@sydney.edu.au

Type	Description	Weight	Due	Length
Presentation	Group presentation oral component Online oral presentation	20%	Multiple weeks	20 minutes
Outcomes assessed:
Assignment	Group presentation written component Written task	10%	Multiple weeks	1500 words
Outcomes assessed:
Assignment	Take Home test Take-home test (short answer questions)	30%	Week 07	12 hours
Outcomes assessed:
Assignment	Individual research assignment Written task	40%	Week 13	1500 words
Outcomes assessed:
= group assignment ?

Assessment summary

Individual Take-home Test: Students will be required to answer the questions, making references to the legislation, recent case law (referring to relevant judgments) and secondary materials, including the text.
Group presentation oral component: Students will form small groups of about 5-6 people and prepare a short (20 minute) presentation analysing a legal case. There will also be particular focus questions on the case to be answered by the Group. The presentation will be made online and will include powerpoint slides (8 slides maximum). The case will involve an aspect of competition and consumer law covered in the Semester but the particular case will not have been taught in class. Groups may chose their own case (subject to the prior written approval of the unit of study coordinator after the week 7 lecture) or may choose the case from a list of suggested cases provided by the unit of study coordinator on Canvas. All Groups will prepare a different case analysis. All students within each Group must be actively involved in the presentation and be able to answer questions asked by the unit of study coordinator during the presentation. All presentations will be held in weeks 12 and 13. Allocation of the week for the presentation will be decided by ballot through the Group’s representatives in class in week 8. Each Group is required to send by email to the unit of study coordinator prior to the presentation being delivered a copy of the powerpoint slides and the completed Group participation sheet (available on Canvas).
Group presentation written component: Groups will submit a written paper via Turnitin before their presentation to accompany the group presentation oral component. This is not the written script of the presentation. It is a written research paper covering the content of the case analysis and focus questions used for the presentation including footnotes and a bibliography. All students in the Group must contribute to the content of the paper and if requested by the unit of study coordinator, must be able to show evidence of that contribution (eg through earlier drafts, notes from Group meetings describing task allocations).
Individual research assignment: Each student will submit an individual written paper via Turnitin in response to the assignment question. The assignment question will relate to a particular aspect of competition and consumer law applied in a business context. The assignment question and a detailed task description can be found on Canvas.

Detailed information for each form of assessment can be found on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Awarded when you demonstrate the learning outcomes for the unit at an exceptional standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Distinction	75 - 84	Awarded when you demonstrate the learning outcomes for the unit at a very high standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Credit	65 - 74	Awarded when you demonstrate the learning outcomes for the unit at a good standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Pass	50 - 64	Awarded when you demonstrate the learning outcomes for the unit at an acceptable standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Fail	0 - 49	When you don’t meet the learning outcomes of the unit to a satisfactory standard.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Late penalties: Any assessment submitted after the due time and date will incur a late penalty of 5% of the total marks per 24 hour period, or part thereof, late (note that this is applied to the mark gained after the submitted work is marked). Since submission is electronic, weekends and public holidays count as days in the same way as working days. Any assessment submitted after the due time and date will incur a late penalty unless excused by special consideration, special arrangement or disability services adjustment. Word length: Where a word length is specified, you must conform to the word length. Where a student exceeds the word length, the student will lose 10% of the total marks when the submission is 10% above the word length and 10% for each 10% over-length thereafter. Note that the word limit includes footnotes but excludes the bibliography.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction to the unit of study; Overview of the Competition and Consumer Act 2010 (Cth); Approach to legal problem solving - applying knowledge of consumer and competition law to practical solutions (to be used throughout the Semester)	Lecture and tutorial (3 hr)
Week 02	Introduction to consumer protection regulation; Consumer guarantees	Lecture and tutorial (3 hr)
Week 03	Misleading or deceptive conduct	Lecture and tutorial (3 hr)
Week 04	Unconscionable conduct	Lecture and tutorial (3 hr)
Week 05	Unfair contract terms	Lecture and tutorial (3 hr)
Week 06	Product safety and manufacturer's liability	Lecture and tutorial (3 hr)
Week 07	Recap Consumer Law	Lecture and tutorial (3 hr)
Week 08	Introduction to competition regulation; Fundamental concepts in competition law	Lecture and tutorial (3 hr)
Week 09	Cartels	Lecture and tutorial (3 hr)
Week 10	Misuse of market power	Lecture and tutorial (3 hr)
Week 11	Exclusive dealing, resale price maintenance and anti-competitive mergers	Lecture and tutorial (3 hr)
Week 12	Group presentations (Focus on special aspect of Consumer/Competition Law)	Lecture and tutorial (3 hr)
Week 13	Group presentations (Focus on special aspect of Consumer/Competition Law) & Unit review	Lecture and tutorial (3 hr)

Attendance and class requirements

Attendance: Students should ensure they attend and participate in all classes to maximise their learning experience.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Each weekly topic includes readings from the set textbook:

Bender M, Christie S, Carter S and Lockhart S, “Marketing and the Law”, 6th edition, Lexis Nexis Butterworths 2020.

All additional readings for this unit can be accessed via the weekly readings link available on Canvas.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. identify and analyse legal issues about competition and consumer law arising from given fact situations and real-world contexts
LO2. resolve competition and consumer law problems by applying the relevant law, evaluating possible solutions and developing coherent arguments to support conclusions
LO3. manage, analyse, evaluate and use legal material and information about competition and consumer law
LO4. communicate about competition and consumer law, orally and in writing, to a professional standard
LO5. work collaboratively with people from diverse backgrounds with inclusiveness and integrity.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

Students will be offered a tailored workshop on legal research and citation delivered by the Business School's designated librarian.

Additional information

Legal referencing guidelines: Students should refer to the Australian Guide to Legal Citation (AGLC) to ensure they are using the correct method of citation when submitting written work. More information on the AGLC method is available on Canvas.
Alternatively, the Business School’s preferred style guide may be approved at the discretion of the lecturer. More information is available on Canvas.
Students will be offered a tailored online workshop on legal research and citation delivered by the Business School's designated librarian.

Business School Policies

Site visit guidelines

All students must observe the University of Sydney’s Covid-19 requirements, as published from time to time.

Work, health and safety

All students must observe the University of Sydney’s Covid-19 requirements, as published from time to time.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Site visit guidelines

Work, health and safety

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

CLAW2205: Competition and Consumer Law

Semester 1, 2022 [Normal day] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Site visit guidelines

Work, health and safety

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect