Course overview
- Study period
- Semester 1, 2025 (24/02/2025 - 21/06/2025)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course is a critical investigation into Australian competition law. The course seeks to develop students' knowledge of the Competition and Consumer Act 2010 (Cth) and ability to solve complex legal problems.
Throughout history, most societies have found it necessary to prevent firms from manipulating markets to the detriment of citizens and consumers. Markets that are fair, competitive and informed deliver benefits to consumers in the form of lower prices, greater variety of products and services, innovation and responsiveness. However, these benefits are seriously diminished or even eliminated when firms create price-fixing or market sharing cartels, abuse their market power or simply acquire or merge with their competitors. This Competition Law elective offers students an opportunity to explore how and why the Competition and Consumer Act 2010 (Cth) ("the CCA") attempts to prohibit or regulate these and other forms of anticompetitive conduct in pursuit of its statutory purpose to "enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection" [CCA s 2].
This course introduces students to the economic, historical-social, legal and regulatory foundations of Competition Law and Policy as they are expressed in the CCA. It does this through examining how the CCA prohibits various forms of anticompetitive conduct including cartels, misuse of market power, anticompetitive exclusive dealing, vertical price fixing and anticompetitive mergers and acquisitions. Students will develop an understanding of foundational economic concepts relevant to competition law, engage with the most recent interpretative legal principles and relevant policy drivers informing competition law. Importantly for this instance of the course, students will be introduced to the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 (Cth) which implements the most significant change for evaluating mergers and acquisitions in fifty years of Australian competition law regulation. Students will also consider the role of the Australian Competition and Consumer Commission (ACCC) in enforcing the CCA and the remedies available to it and to private parties should a contravention be established.
Students will develop their understanding of this material through a weekly 1-hour lecture and 2-hour interactive, problem-focussed seminar.
Course requirements
Prerequisites
You'll need to complete the following courses before enrolling in this one:
(LAWS1700 + 3700 + 3702) or (LAWS1116 + 4112)
Recommended prerequisites
We recommend completing the following courses before enrolling in this one:
LAWS5136
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS7138
Restrictions
LLB(Hons)(#64), LLB(Hons)(#48), LLB (Graduate Entry), LLB(Hons) duals and LLB dual programs.
Course contact
Course staff
Lecturer
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law.ᅠI will assist you to think critically about the law and to investigate its structures, principles, policies, and values. You will be engaged in a range of critical and intellectual conversations about the law and its place in society.ᅠMy role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
ᅠ
Course Aims
The aims of this course are to enable each student to develop an understanding of:
- Australian competition law and the role of the Competition and Consumer Act 2010 (Cth);
- the economic concepts behind the anti-competitive prohibitions inᅠthe Competition and Consumer Act 2010 (Cth);
- the inherent tensions in the regulation of market competition and be ableᅠto critically analyse and evaluate recent developments in competition law, most notably, the recent review of competition law and policy - the Harper Report;
- the elements that must be satisfied in order to establish contravention of the anti-competitive provisions of the Competition and Consumer Act 2010 (Cth);
- the ways in which courts have interpreted the various anti-competitive provisions ofᅠthe Competition and Consumer Act 2010 (Cth); and
-
the penalties and remedies available for contravention of, and the ways in which the ACCC seeks to ensure compliance with, anti-competitive provisions of the Competition and Consumer Act 2010 (Cth).
Learning outcomes
After successfully completing this course you should be able to:
LO1.
understanding the principles underlying the provisions of Part IV of the CCA;
LO2.
interpret and explain relevant sections of Part IV of the CCA in the resolution of real or hypothetical situations;
LO3.
understand the development of the principles underlying Part IV of the CCA through the cases and the nature of proposals for their reform;
LO4.
explain, analyse and critically evaluate the principles of major cases in the resolution of real or hypothetical situations;
LO5.
undertake research in these areas of law with a view to resolving more complex problems or advising on the effect of further developing or reforming current laws and principles; and
LO6.
demonstrate an ability to apply critical reasoning and independent judgement in an area of Australian competition law.
Assessment
Assessment summary
Category | Assessment task | Weight | Due date |
---|---|---|---|
Essay/ Critique |
Research Assignment
|
40% |
17/04/2025 4:00 pm |
Examination |
End-of-semester Examination
|
60% |
End of Semester Exam Period 7/06/2025 - 21/06/2025 |
Assessment details
Research Assignment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 40%
- Due date
17/04/2025 4:00 pm
- Learning outcomes
- L01, L03, L04, L05, L06
Task description
- Competition Law is driven by both theoretical (doctrinal / policy) and practical (application / problem solving) aspects. This first assessment item invites students to research and write an assignment exploring a theoretical / policy issue relevant to the material discussed during Weeks 1-5 (inclusive) of the course. Students will be provided with a choice of two research topics and will be invited to choose one of them as the topic of their research paper.
- The word-count for this assignment is 2000 words (with a discretionary margin of 200 further words if necessary to complete the analysis presented). The word-count does not include footnotes; however, footnotes are to contain references only and not substantive argument. Assignments that exceed the word count (including the discretionary margin) will attract a penalty of 5 marks for each 100 words or part thereof.
- The topics will be released on the course Learn.UQ (Blackboard) site at 10:00 am on Monday 24 March 2025 (Week 5).
- The assignment must be uploaded to Turnitin via the "Assignment" submission link on the course Learn.UQ (Blackboard) site by 4:00 pm on Thursday 17 April 2025 (Week 8).
- This assessment task evaluates students' abilities, skills and knowledge without the aid of generative Artificial Intelligence (AI) or Machine Translation (MT). Students are advised that the use of AI or MT technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy.
- To ensure academic integrity, students are required to keep a separate record of all sources referred to, relied upon and cited in their assignment. Students may be requested to discuss their sources with the Course Coordinator.
Submission guidelines
The assignment must be submitted electronically - uploaded to Turnitin via the "Assignment" submission link on the course Learn.UQ (Blackboard) site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 60%
- Due date
End of Semester Exam Period
7/06/2025 - 21/06/2025
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
The end-of-semester exam will consist of two equally weighted problem-solving questions. These questions will be similar in style to the more developed problem questions analysed in Seminars toward the end of the course. This will be an in-person, invigilated exam held during the end of semester exam period.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of Generative AI or MT may constitute student misconduct under the Student Code of Conduct Policy.
Exam details
Planning time | 10 minutes |
---|---|
Duration | 120 minutes |
Calculator options | No calculators permitted |
Open/closed book | Open Book examination |
Exam platform | Paper based |
Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
Grade | Cut off Percent | Description |
---|---|---|
1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Own copy required
You'll need to have your own copy of the following reading resources. We've indicated below if you need a personal copy of the reading materials or your own item.
Item | Description |
---|---|
Book |
Australian competition law
by Bruce; Alex - 2025 Edition: 5th edition Publisher: LexisNexis Australia ISBN: 9780409360899; 9780409360905 |
Additional learning resources information
Journals
There are a number of useful journals which focus on Australian competition law including:
- Australian Journal of Competition and Consumer Law (originally, Trade Practices Law Journal)
- Competition and Consumer Law Journal
- The Australian and New Zealand Trade Practices Law Bulletin
- The ACCCᅠJournal
ᅠ
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
Learning period | Activity type | Topic |
---|---|---|
Multiple weeks From Week 1 To Week 12 |
Lecture |
Lectures The programme of lectures for the course is set out in the course learning guide. This is available from the course Blackboard site. Lecture Topics are:
Learning outcomes: L01, L02, L03, L04, L05, L06 |
Multiple weeks From Week 2 To Week 12 |
Seminar |
Seminars The tutorial topics are available from the course Blackboard site. Tutorial topics:
Learning outcomes: L01, L02, L03, L04, L05, L06 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: