This course will consider the role and function of the Trade Practices Act 1974 (Cth) (‘the TPA') in contributing to Australia's National Competition Policy.  The TPA is under continuous review.  The TPA was significantly amended by the Trade Practices Legislation Amendment Act (No 1) 2006 (Cth) and most recently, the Labour government has introduced an exposure draft of the Trade Practices Legislation Amendment Bill 2008 that will substantially amend s 46 of the Act concerning misuse of market power.

The TPA aims to preserve competition by prohibiting conduct that prevents or eliminates competition.  The course principally involves a consideration of the various anti-competitive trading practices that are prohibited by Part IV of the TPA.  The TPA is enforced by the Australian Competition and Consumer Commission (‘the ACCC') and significant penalties can be imposed for contraventions of the TPA.  In addition, private parties may seek a variety of remedies for loss or damage suffered as a result of a contravention of Part IV of the TPA. 

During the tutorial program, students will apply the theoretical economic concepts underpinning the TPA to practical problems.  The tutorial program is vital to this subject because of the difficulty in translating economic concepts into practical commercial scenarios.  Accordingly, the tutorial program aims to provide students with the skills to apply economic concepts to the evaluation of potentially anti-competitive commercial conduct.

At the conclusion of the course, students will be able to demonstrate an understanding of the role and function of the TPA in preserving a competitive economy, be able to identify the basic forms of anticompetitive conduct and explain why that conduct is inimical to fair and competitive markets, identify the commercial forms that anticompetitive conduct can take, from cartels, market sharing arrangements, bid-rigging, exclusive dealing contracts, boycotts, resale-price maintenance, predatory pricing, refusals to supply and mergers and acquisitions, understand the role and powers of the ACCC in enforcing the TPA and understand how potential amendments to the TPA will impact on commercial behaviour.

It is anticipated that students will complete an assignment and an exam during the course.  There will also be compulsory tutorial exercises.  Details of the final assessment will be provided on the course home page by the first week of semester.

Three hours per week.

Contracts LAWS1204. 
Completed or completing five LAWS courses at 1000 level.

Please refer to LAWS2255 course home page.