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Unit outline_

CLAW2205: Competition and Consumer Law

Semester 1, 2024 [Normal day] - Camperdown/Darlington, Sydney

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 Accounting
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 Andrew Terry, andrew.terry@sydney.edu.au
Lecturer(s) Andrew Terry, andrew.terry@sydney.edu.au
The census date for this unit availability is 2 April 2024
Type Description Weight Due Length
Assignment Individual research assignment
Written task
40% Formal exam period
Due date: 07 Jun 2024 at 11:59

Closing date: 14 Jun 2024
2000 words
Outcomes assessed: LO1 LO2 LO3 LO4
Presentation group assignment Group presentation
Two oral presentations (each 10 minutes) supported by 10 x PPT slides
20% Multiple weeks Two presentations (each 10 mins/10 PPTs)
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Participation Participation
Participation in and contribution to class discussions and tutorials
10% Ongoing Continuous throughout semester
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Small test First In-class Test
I hour short answer in-class test in week 6
15% Week 06 I hour short answer in-class test
Outcomes assessed: LO1 LO4 LO3 LO2
Small test Second In-class test
In class test
15% Week 13 1 hour in class test
Outcomes assessed: LO1 LO4 LO3 LO2
group assignment = group assignment ?

Assessment summary

  • Individual In-class Tests. Two  one-hour in-class tests will be administered during the semeseter – the first in Week 6 covering consumer law/fair trading and the second in week 13 covering competition and restrictive trade practices. Each test will require three questions to be answered from a choice of questions of equal value.  The tests will be closed book. The  questions will all be aimed at testing a general understanding of the material covered and forensic analysis of material covered is not expected. Further guidance will be provided in class and on the canvas site.
  • Group Presentations. Students will form, or be allocated to,  groups of 3/4 (the group size dependent on enrolment in CLAW2205).  Each group will be allocated two topics - either a case  or an issue related to the topic addressed in the class in which a presentation is scheduled.  Presentations will be held in weeks 4 - 6  and 8-12 and each group must present in the week scheduled for that particular presentation. Each  presentation will incorporate an oral presentation of about 10 minutes and a written presentation of about 10 PPT slides. Each presenation will incorporate a Q&A component with questions from the lecturer and the class. The mark awarded is a group markwhich may be adjusted as a result of peer evaluation. Further information will be provided in class and on the canvas site. 
  • Individual research assignment: Each student will submit an individual written paper via Turnitin in response to the assignment question. Two assignment questions will be posted   – one addressing the consumer protection/fair trading part of the course and the other addressing the competition/restrictive trade practices part of the course. Students can choose the question they wish to answer.. The assignment question and a detailed task description can be found on Canvas.
  • Participation. The participation mark is awarded having regard to contribution to and participation in class activities throughout the semester. 

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.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 1 Introduction to CLAW2205. 2 Overview of the Competition and Consumer Act 2010 (Cth). Lecture (3 hr) LO3 LO4
Week 02 Fair trading, consumer protection and the Australian Consumer Law. Lecture and tutorial (3 hr) LO1 LO2 LO3 LO4
Week 03 1. Misleading or deceptive conduct. 2. Advertising regulation Lecture and tutorial (3 hr) LO1 LO2 LO3 LO4
Week 04 Unconscionable conduct Lecture (2 hr) LO1 LO2 LO3 LO4
Group presentations on misleading and unconscionable conduct as scheduled Presentation (1 hr) LO1 LO2 LO3 LO4 LO5
Week 05 Unfair contract terms Lecture (2 hr) LO1 LO2 LO3 LO4
Group presentations on unconscionable conduct and unfair contract terms as scheduled. Presentation (1 hr) LO1 LO2 LO3 LO4 LO5
Week 06 Supply of goods and services - consumer guarantees, manufacturer's liability for unsafe goods Lecture (2 hr) LO1 LO2 LO3 LO4
Group presentations as scheduled on supply of goods and services Presentation (1 hr) LO1 LO2 LO3 LO4 LO5
Week 07 Current fair trading and consumer consumer protection issues Lecture (2 hr) LO1 LO2 LO3 LO4
In-class test Practical (1 hr) LO1 LO2 LO3 LO4
Week 08 1. Introduction to the regulation of restrictive trade practices under Part IV Competition and Consumer Act 2010 (Cth). 2 Fundamental concepts in competition law Lecture (2 hr) LO1 LO2 LO3 LO4
Group presentations on competition policy and the administration of competition law as scheduled. Presentation (1 hr) LO1 LO2 LO3 LO4 LO5
Week 09 Collusion -cartels and other collusive conduct Lecture (2 hr) LO1 LO2 LO3 LO4
Group presentations as scheduled on collusive conduct Presentation (1 hr) LO1 LO2 LO3 LO4 LO5
Week 10 Misuse of market power Lecture (2 hr) LO1 LO2 LO3 LO4
Group presentations as scheduled on misuse of market power Presentation (1 hr) LO1 LO2 LO3 LO4 LO5
Week 11 1. Exclusive dealing. 2. Resale price maintenance. Lecture (2 hr) LO1 LO2 LO3 LO4
Group presentations as scheduled on exclusive dealing and RPM Presentation (1 hr) LO1 LO2 LO3 LO4 LO5
Week 12 1 Anti-competitive mergers. 2. Authorising anti-competitive activity. Lecture (2 hr) LO1 LO2 LO3 LO4
Prsentations as scheduled on mergers and authorisations. Presentation (1 hr) LO1 LO2 LO3 LO4 LO5
Week 13 Review of competition law and policy Lecture and tutorial (2 hr) LO1 LO2 LO3 LO4
In-class test Practical (1 hr) LO1 LO2 LO3 LO4

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 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.

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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.

 

  • 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.

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.