Regulating Infrastructure

This subject is not offered in 2014.

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

This subject provides students with a sophisticated understanding of the economic theory and principles underpinning the regulation of utility infrastructure and services such as telecommunications, gas, electricity, rail, airports and ports. Such regulation often determines the level of competition, the prices paid by consumers and the returns to investors in these industries. The subject examines in detail the access regimes in the Australian Competition and Consumer Act (2010), and how they have been practically applied. Drawing comparisons with the experience in this field in Europe and the Asia-Pacific region, it explores how regulators and the courts have determined which services should be subject to regulation and what principles and processes regulators have used to set terms and conditions (including prices) for these services. The lecturers in the subject comprise an economist and a lawyer with over 25 years’ combined experience working for competition regulators, the courts, regulated entities and economic consulting and legal firms representing both infrastructure access-seekers and access providers on regulatory issues.

Principal topics will include:

• Underlying economic principles and policy intention behind third party access and utility infrastructure regimes in Australia and other overseas jurisdictions
• Outline of third party access regimes in Part IIIA and Part XIC of the Competition and Consumer Act (2010)
• Consideration of previous and ongoing examples of the application of access regimes in Australia and other overseas jurisdictions
• Legal and economic meaning of key terms and expressions in access regimes (e.g. promotion of competition, efficient use/operation of infrastructure/facilities and legitimate business interests of access provider)
• Assessment of whether current legislation is well designed to achieve the objectives of third party access regimes in Australia.

A student who has successfully completed this subject should:

• Understand the policy intentions underpinning third-party access regimes in Australia
• Have a clear understanding of the economic theory and principles behind the regulation of third-party access regimes
• Be aware of, and understand, the current legislation relevant to third-party access regimes in Part IIIA and XIC of the Competition and Consumer Act 2010 (Cth) (the CCA)
• Understand the economic and legal meaning of key considerations and legislative criteria associated with access regimes (e.g. promotion of competition, economically efficient use and operation of facilities and infrastructure, and legitimate business interests of an access provider etc.)
• Have a firm understanding of the relevant regulatory and case law history associated with the declaration of services, and the setting of prices in relation to declared services associated with third-party access regimes in Australia
• Be able to compare and contrast the regimes as they operate under Part IIIA and Part XIC of the CCA
• Understand the practice and procedure associated with declaration application considerations, access price undertaking assessments and arbitration determinations
• Be able to understand and form views on arguments relating to ‘gaming’ of third-party access regimes and whether the existing legislation in the TPA is capable of achieving the underlying policy intentions of third-party access regimes.

• Class participation (20%)
• Take-home examination (40%) (25 – 28 July)
• 4,000 word research paper (40%) (17 September) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

This subject is not available as a breadth subject.