This course will consider the role and function of the Competition and Consumer Act 2010 (Cth) (“the CCA”) in contributing to Australia's National Competition Policy.  On 1 January 2011, the former Trade Practices Act 1974 (Cth) was replaced by the CCA as part of the most significant review of the TPA was enacted in 1974.

While the amendments introduced by the Trade Practices Amendment (Australian Consumer Law) (No 2) Act 2010 (Cth) introduced the Australian Consumer Law, they did not change the anti-competitive provisions of the former TPA and these provisions continue to operate in Part IV of the CCA.

The CCA 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 CCA and cartel conduct in particular.  The CCA is enforced by the Australian Competition and Consumer Commission (‘the ACCC') and significant civil penalties, criminal fines and even jail terms can be imposed for contraventions of the CCA.  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 CCA. 

During this course, students will gain an understanding of Australia's National Competition Policy and the role of the CCA in the National Competition Policy, understand the economic concepts behind the prohibitions in Part IV of the CCA, understand the elements that must be satisfied in order to establish a contravention of Part IV of the CCA, understand the way in which courts have interpreted the elements of Part IV of the CCA, understand the penalties and remedies available for a contravention of Part IV of the CCA, understand the way in which the ACCC seeks to ensure compliance with the CCA and understand the recent developments in restrictive trade practices law and the significance of those developments.

During the tutorial program, students will apply the theoretical economic concepts underpinning the CCA 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 CCA 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 CCA and understand how potential amendments to the CCA 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 (Lecture - 2 hours, Tutorial - 1 hour).

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

Alex Bruce; Restrictive Trade Practices Law in Australia, 2010, LexisNexis Butterworths, Sydney Australia.