University of Technology Sydney

79032 Competition and Consumer Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): 79203 Business Law and Ethics OR 70110 Introduction to Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Description

This subject provides a comprehensive and engaging examination of the economic and legal principles of competition law (also known as antitrust law or restrictive trade practices law) and consumer law (also known as deceptive trade practices law) in Australia. It examines statute law, Part IV and Schedule 2 of the Competition and Consumer Act 2010 (Cwlth) (CCA) (formerly the Trade Practices Act 1974 (Cth)(TPA)), the decisions of the common law courts in interpreting the Act, as well as some international treaties on antitrust and consumer law enforcement, of which Australia is a party. Current issues and recent cases on competition and consumer laws and policies in Australia are also examined.

The subject covers the economic functioning of markets; the relationship between the competition and consumer laws (including both statute law and common law) and economics; the evolution and objectives of Australian competition law and consumer law; and the administration and enforcement of competition law and consumer law, both nationally and internationally.

This subject includes three parts. Part I focuses on competition law. It covers the evolution of competition law; the legislative feature of the Australian competition law; major anti-competitive conduct in Part IV of the CCA, such as monopolistic agreements, misuse of market power, mergers/acquisitions; and enforcement issues in Australia, including authorisation and notification regimes, remedies and other related matters. Part II focuses on consumer law. It covers the policy objective of consumer law; general prohibitions in Schedule 2 of the CCA, such as misleading or deceptive conduct, unconscionable conduct, and unfair contract terms; as well as enforcement issues. Part III examines major international treaties on consumer protection and competition enforcement, and some major international cases in which Australia is involved.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. understand the rationale for, and implementation of, competition and consumer policy and law (both CCA and common law) in enhancing market efficiency in both a static and on-going sense;
2. understand the economic functioning of markets, market power, competition and consumer welfare in the context of the CCA and the relationship between statute law, common law and economics;
3. analyse and apply legal principles and concepts of competition and consumer law in a commercial context, and to assist the client in realizing legitimate commercial objectives;
4. think critically, analytically, reflectively and independently, and to communicate intelligently and articulately on a variety of major issues on competition and consumer law and policy;
5. understand the practical operation and enforcement of the CCA in business and commerce;
6. understand selected issues on international enforcement of competition law and consumer protection law, in which Australia is involved.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including:
    a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
    b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
    c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
    d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including the ability to:
    a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate responses;
    c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
    d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
  • Collaboration
    Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
    a. An ability to give and receive feedback;
    b. Appropriate professional and interpersonal skills in working collaboratively;
    c. A capacity to develop strategies to successfully negotiate group challenges; and
    d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)

Teaching and learning strategies

Strategy 1: The provision of lectures (face-to-face) to introduce and explain the contents and outline the concepts, theories and principles involved.

Strategy 2: The use of active seminar style classes (face-to-face) involving broad discussion in order to deliver content to students while also encouraging them to take responsibility for their own learning by preparing and participating in all aspects of the subject.

Strategy 3: The use of presentation (face-to-face), class discussion (face-to-face) and evaluation to refine and develop the requisite legal knowledge and understanding, and to develop teamwork skills and critical thinking and effective communication.

Strategy 4: Thought independent research and reading, students will be able to extend and deepen their understanding of the various topics covered in this subject

Strategy 5: The subject will also be supported by Canvas

Strategy 6: Guest lecturers may be invited to introduce the operation and recent development of the CCA in the real context.

Content (topics)

Topic 1 Introduction and Economic foundation of competition and consumer law
Topic 2 Misuse of market power
Topic 3 Mergers and acquisitions
Topic 4 Anti-competitive arrangements (Horizontal & Vertical restraints)
Topic 5 Enforcement & remedies of competition law
Topic 6 Policy objective of consumer law
Topic 7 Misleading or deceptive conduct
Topic 8 Unconscionable conduct
Topic 9 Specific false or misleading representations
Topic 10 Unfair contract terms
Topic 11 Enforcement & remedies of consumer law
Topic 12 International enforcement of competition and consumer laws

Assessment

Assessment task 1: Class Engagement

Objective(s):

This task addresses the following subject learning objectives:

3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1 and LAW.6.1

Weight: 30%

Assessment task 2: Case Note or Article Evaluation

Objective(s):

This task addresses the following subject learning objectives:

3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1 and LAW.6.1

Weight: 30%
Length:

1500 words not including footnotes (with 10% flexibility). Word count includes headings but excludes footnotes.

Footnotes should only be used for references. No part of your answer can be included in your footnotes. If it is it will be ignored during marking.

Note: Task 2 focuses on Competition Law.

Assessment task 3: Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 6

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1 and LAW.4.1

Weight: 40%
Length:

2,000 words not including footnotes (with 10% flexibility)

Footnotes should only be used for references. No part of your answers can be included in your footnotes: if it is, it will be ignored during marking. Footnotes are not included in the word count.

Note: Task 3 focuses on Consumer Law.

Required texts

  • Alex Bruce, Australian Competition Law (LexisNexis, 4th ed, 2021)
  • Alex Bruce, Consumer Protection Law in Australia (LexisNexis, 4th ed, 2022)

OR

  • Russell V Miller, Miller's Australian Competition and Consumer Law and Annotated (Lawbook Co, 44th ed, 2022).
  • Adrian Coorey, Australian Consumer Law - The Comprehensive Guide (Jurisprudentia, 2021).

Recommended texts

Recommended Reading:

Book

  • Coorey A, Australian Consumer Law - The Comprehensive Guide, Jurisprudentia, 2021.
  • Coorey A. Australian Consumer Law, LexisNexisButterworths, Australia 2015
  • Corones S.G The Australian Consumer Law, 3rd ed, Thomson Reuters Lawbook Co. 2016
  • Duke A. Corones Competition Law in Australia, 7th ed, Thomson Reuters Lawbook Co. 2019
  • Beaton- Wells, C Australian Cartel Regulation: Law and Policy in an International Context. CUP 2011
  • Bruce A. Australian Competion Law, 4th ed LexisNexis, 2021
  • Bruce A. Consumer Protection Law in Australia 4th ed, LexisNexis Australia 2022
  • Steinwall R Annotated Competition and Consumer Legislation 2022, LexisNexis
  • Sharpe M. Unconscionable Conduct in Australian Consumer and Commercial Contracts, LexisNexisButterworths 2018

Loose-leaf series:

  • CCH Australian Trade Practices Reporter (Online in library);
  • Heydon, Trade Practices Law, (2 vols) Law Book Company

References

Other Materials: Reports, Journals and General References

Books

  • Breit W & Kenneth G. E (ed), The Antitrust Casebook: Milestones in Economic Regulation, Worth: Dryden Press, 1996.
  • Hylton K N Antitrust law Economic Theory and Common Law Revolution, Cambridge University Press 2003
  • Posner R, Antitrust Law, 2nd ed, University of Chicago Press, 2001
  • Wu L (ed), Economics of Antitrust: New Issues, Questions, and Insights, NY: NERA Economic Consulting, 2004.

Journals

  • Antitrust Law Journal (USA)
  • Australian Business Law Review (LBC)
  • Australian Journal of Competition and Consumer Law (previously The Trade Practices Law Journal)
  • Australian Trade Practices Law Reporter (CCH)
  • Competition & Consumer Law Journal, Butterworths (Australia)
  • European Competition Journal (2005-) (United Kingdom)
  • European Competition Law Review (United Kingdom)
  • International Review of Intellectual Property and Competition Law (Germany)
  • Journal of Competition Law and Economics (2005-) (United Kingdom)
  • OECD Journal of Competition Law and Policy (France)
  • The Antitrust Bulletin (USA)
  • World Competition: Law and Economics Review (Netherlands)

Law Reports

  • Australian Trade Practices Reports (ATPR)
  • Federal Court Reports (FCR)

Reference

  • Australian Guide to Legal Citation, 4th ed, 2018.

Others

Other resources

Useful Websites

Supplementary Materials: (optional field)

  • Allens Arthur Robinson, The Annual Allens Arthur Robinson Competition Law Fest. St. Leonards, N.S.W.: The Continuing Professional Education Dept. of the College of Law, 2008.
  • Brunt M (ed), Economic essays on Australian and New Zealand competition law, London: Kluwer Law International, 2003.
  • Neale AD, The Antitrust Laws of the United States: A Study of Competition Enforced by Law, 2nd ed, Cambridge University Press, London 1970
  • Posner R, Economic Analysis of Law, Aspen Publishing, 2003
  • Whish R, Competition Law, Butterworths, 2003
  • Walsh & Paxton, Competition policy: European and international trends and practices, London: Macmillan, 1975