Outline

Overview

This unit of study examines competition law and policy as a key form of market regulation in Australia. The principal focus is on Part IV of the Competition and Consumer Act 2010 (Cth). By way of background we will critically examine the fundamental purposes of competition law policy, the role of competition as a disciplining force on market conduct as well as alternatives to competition. Specific topics include: (i) common law antecedents of competition law; (ii) National Competition Policy and legislation; (iii) elementary economic theory of monopoly and the goals of competition policy; (iv) fundamental concepts of competition, market definition, market power and public benefit; (v) horizontal anticompetitive arrangements including cartels; (vi) vertical anticompetitive arrangements; (vii) unilateral anticompetitive conduct; (viii) notifications and authorisations; (ix) mergers and acquisitions; (x) overview of remedies and enforcement. Whenever possible, the unit will make reference to comparative provisions and enforcement from other jurisdictions.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS5119
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Yane Svetiev, yane.svetiev@sydney.edu.au
Lecturer(s)	Michael Gvozdenovic, michael.gvozdenovic@sydney.edu.au

Type	Description	Weight	Due	Length
Final exam (Take-home short release)	Take-home final exam 1.5 hours (plus 30 minutes reading time) take-home final exam	50%	Formal exam period	1.5 hours
Outcomes assessed:
Participation	Class Participation Discuss assigned materials during class	10%	Multiple weeks	n/a
Outcomes assessed:
Assignment	Research essay Research essay	40%	Week 10 Due date: 10 Oct 2022 at 17:00 Closing date: 31 Oct 2022	2,500 words / 9 weeks
Outcomes assessed:
= Type D final exam ?

Assessment summary

Class participation 10%

Students will be be assigned via Canvas to 1 or 2 on calls during semester to discuss specific materials, including cases, statutory provisions or problem questions during class. By engaging with the assigned materials students will be able to demonstrate their knowledge and understanding of all Learning Outcomes 1-7.

Research essay 40% (2,500 words):

Students will write a research essay involving a critical analysis of a contemporary legal or policy issue in the area of competition law and market regulation that will be released by Week 2 and is due 10 October 5pm. The task will develop research, analytical and writing skills in competition law and fulfills all Learning Outcomes 1-7.

Students who receive a grant of Special Consideration for the above mentioned tasks will receive an extension or an alternative task at the discretion of the Unit Coordinator.

Take home final exam 50%:

The exam will be held during the formal exam period.

The exam will be 1.5 hours writing and 30 minutes reading time to answer 1 problem question. Maximum word count is 3,000 words.

All topics are examinable and this task demonstrates attainment of all Learning Outcomes 1-7.

The outcome of a successful Special Consideration application is a replacement examination. The outcome of a successful Special Consideration application for a replacement examination is another replacement examination or a viva voce.  

All assessments submitted to Sydney Law School will be subject to analysis by similarity detecting software. The software is used as a tool to assist in identification of work that is poorly referenced or has been cut and pasted from other people’s work without attribution, and to assist Sydney Law School in its educational function of ensuring that students learn to attribute the words and ideas of others appropriately.

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

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	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

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:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example: A submission after 5pm but before the same time the following day will attract a 10% penalty. Canvas allows students to submit after the deadline, but all submissions after the due date and time will be recorded as late. The date and time of submission as recorded by Canvas is taken as the official and final record of a student's submission. Late penalties do not apply to exams and any late submission will not be accepted.

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: The antecedents and goals of competition law and policy	Seminar (3 hr)
Week 02	Key legal and economic concepts of competition law and the scope of application of the CCA	Seminar (3 hr)
Week 03	Agreements between competitors (horizontal restraints)	Seminar (3 hr)
Week 04	Agreements between competitors (horizontal restraints) (cont’d)	Seminar (3 hr)
Week 05	Vertical restraints: Exclusive dealing	Seminar (3 hr)
Week 06	Vertical restraints: Resale price maintenance	Seminar (3 hr)
Week 07	Misuse of market power	Seminar (3 hr)
Week 08	Misuse of market power including recent issues	Seminar (3 hr)
Week 09	Natural monopolies – access regimes	Seminar (3 hr)
Week 10	Mergers and acquisitions	Seminar (3 hr)
Week 11	Authorisation, notification and clearance	Seminar (3 hr)
Week 12	Penalties, remedies and enforcement	Seminar (3 hr)
Week 13	Revision	Seminar (3 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements must be satisfied by in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks allocated to the piece of assessment for every 100 words, or part thereof, over the limit. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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

Duns, John and Arlen Duke, Competition Law Cases and Materials (LexisNexis, Australia, 4th edition, 2015).

Please refer to the reading guide on Canvas for more information.

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. to understand the economic, legal and political context of Australian competition regulation
LO2. to critically assess theories of competition regulation and the goals of competition law
LO3. to develop knowledge of the principles of assessing market structure and conduct
LO4. to be able to apply those principles, precedent and factual assessment in solving market competition problems
LO5. to develop an understanding of the key economic concepts used in the application of competition law
LO6. to be able to communicate the results of competitive analysis to generalist audiences in the commercial and legal world
LO7. to situate the objectives of competition enforcement in the commercial and policy context

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.

An alternative and up to date casebook has not been published for competition law in Australia

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

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS3419: Competition Law

Semester 2, 2022 [Normal evening] - Camperdown/Darlington, Sydney

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

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect