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Unit outline_

LAWS5119: Competition Law

Semester 2, 2023 [Normal day] - Camperdown/Darlington, Sydney

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
? 
LAWS3419
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Yane Svetiev, yane.svetiev@sydney.edu.au
Type Description Weight Due Length
Participation Class Participation (10%)
Discuss assigned materials during class
10% Multiple weeks n/a
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Short release assignment Short-release assignment (50%)
Problem and essay questions
50% STUVAC
Due date: 06 Nov 2023 at 09:00

Closing date: 12 Nov 2023
2000 words / 6 days
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Assignment Research essay (40%)
Research essay
40% Week 09
Due date: 04 Oct 2023 at 09:00

Closing date: 24 Oct 2023
2500 words / 8 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7

Assessment summary

Class participation (10%)

Students will be assigned via Canvas to 1 or 2 on call panels 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%)

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 on 4 October 2023 at 9am, Sydney Australia time. The word limit of 2500 words excludes referencing material. The task will develop research, analytical and writing skills in competition law and fulfills all Learning Outcomes 1-7.

Short-release assignment (50%)

This is a 6-day short release assignment. The 2000 word (max) assignment excludes referencing material and will be released on 31 October 2023 at 9am. The assignment will include a mix of problem and essay questions and will be due on 6 November 2023 at 9am Sydney, Australia time. This assessment task is worth 50% of the final mark.

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

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. 

 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude references.

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 9am 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.

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.

WK Topic Learning activity Learning outcomes
Week 02 Introduction: The antecedents and goals of competition law and policy Seminar (2 hr) LO1 LO2 LO7
Key legal and economic concepts of competition law and the scope of application of the CCA Seminar (2 hr) LO1 LO2 LO3 LO7
Week 03 Key legal and economic concepts of competition law and the scope of application of the CCA Seminar (2 hr) LO1 LO2 LO3 LO7
Agreements between competitors (horizontal restraints) Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 04 Agreements between competitors (horizontal restraints) (cont’d) Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Vertical restraints: Exclusive dealing Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 05 Vertical restraints: Resale price maintenance Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Vertical restraints (cont’d) Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 07 Misuse of market power Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Misuse of market power including recent issues Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 08 Misuse of market power (cont’d) Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Natural monopolies – access regimes Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 10 Mergers and acquisitions Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Mergers and acquisitions (cont’d) Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 11 Authorisation, notification and clearance Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Authorisation, notification and clearance Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 12 Penalties, remedies and enforcement Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Penalties, remedies and enforcement Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 13 Revision Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Revision Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7

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 may 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.  

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 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. evaluate the impact of economic, legal and political factors on Australian competition regulation
  • LO2. critically analyse various theories of competition regulation and ascertain the objectives of competition law
  • LO3. formulate strategies to assess market structure and conduct based on established principles
  • LO4. apply established principles, precedent and factual assessment in resolving complex market competition issues
  • LO5. analyse key economic concepts in relation to their application in competition law
  • LO6. articulate competitive analysis results effectively to non-specialist audiences in the commercial and legal sectors
  • LO7. integrate the objectives of competition enforcement within the commercial and policy contexts

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.

Assessment has been changed.

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.