Market Power and Competition Law

Subject 730-635 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 1, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Ms Rachel Trindade, Ms Rhonda Smith
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the current law on section 46 of the Trade Practices Act 1974 (misuse of market power)
  • Understand the legal and economic theory behind the concepts of market power and abuse of market power
  • Be informed as to current reform proposals and why they have arisen
  • Be able to apply section 46 in a commercial context.

Syllabus:

An examination of the law and economic theory relating to the regulation of market power under the Trade Practices Act 1974 with current examples as to the practical application of legal and economic principles to industries in which market power issues have arisen.

Principal topics will include:

  • Section 46 of the Trade Practices Act 1974
  • What is market power and when does it arise
  • Legal principles and economic theory
  • Measurements of market power
  • The relationship between section 46 and the access regime under Part IIIA
  • The proposal for an effects test and on-going reform agendas
  • Strategic behaviour and section 46
  • Structural remedies and market design issues
  • Industry case studies, such as energy, supermarkets and aviation.
Assessment:
  • Seminar participation (10%)
  • Take-home examination (60%) (9-12 May)
  • Research paper 3,000 words (30%) (12 June) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-635Market Power and Competition LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the current law on section 46 of the Trade Practices Act 1974 (misuse of market power)
  • Understand the legal and economic theory behind the concepts of market power and abuse of market power
  • Be informed as to current reform proposals and why they have arisen
  • Be able to apply section 46 in a commercial context.

Syllabus:

An examination of the law and economic theory relating to the regulation of market power under the Trade Practices Act 1974 with current examples as to the practical application of legal and economic principles to industries in which market power issues have arisen.

Principal topics will include:

  • Section 46 of the Trade Practices Act 1974
  • What is market power and when does it arise
  • Legal principles and economic theory
  • Measurements of market power
  • The relationship between section 46 and the access regime under Part IIIA
  • The proposal for an effects test and on-going reform agendas
  • Strategic behaviour and section 46
  • Structural remedies and market design issues
  • Industry case studies, such as energy, supermarkets and aviation.
  • Seminar participation (10%)
  • Take-home examination (60%) (9-12 May)
  • Research paper 3,000 words (30%) (12 June) (topic approved by the subject coordinator)
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Ms Rachel Trindade, Ms Rhonda SmithLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730635P12.500Semester 1NLawLaw730-635

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