Cartels and Competition Law

Subject 730-660 (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 2, - 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: None
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Mr Brent Fisse
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the current law on the prohibitions of cartel conduct under section 45 of the Trade Practices Act 1974 (price fixing and exclusionary provisions);
  • Understand the amendments to the Trade Practices Act 1974 for the criminalisation of serious cartel conduct;
  • Understand the legal, economic and sociological theory behind the prohibitions against price fixing and exclusionary provisions; and the comparative insights offered by competition laws in other jurisdictions;
  • Understand the powers of the Australian Competition and Consumer Commission for investigating possible cartel conduct in criminal and/or civil proceedings.
  • Be informed by a comprehensive range of possible arguments and counter-arguments when analysing and formulating the theory and evidence of a cartel case;
  • Be able to prepare an application for immunity and to manage immunity issues in multi-jurisdiction cases.

Syllabus:

  • Outline of the law and enforcement of per se prohibitions against cartel conduct in Australia and current and emerging issues
  • Elements of liability under the civil prohibitions
  • Elements of liability under the criminal prohibitions
  • Exemptions and defences (including the new joint venture defence)
  • Civil and criminal sanctions against corporate and individual defendants, including sentencing
  • Damages
  • Powers of investigation in criminal and/or civil proceedings (including the ACCC immunity policy)
  • Relationship between and management of civil and criminal proceedings for breaches of the prohibitions against cartel conduct
Assessment:
  • Class participation (10%)
  • Research paper in two parts (each being 4,000 words) (90%) (13 November)
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: 730-660Cartels 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 the prohibitions of cartel conduct under section 45 of the Trade Practices Act 1974 (price fixing and exclusionary provisions);
  • Understand the amendments to the Trade Practices Act 1974 for the criminalisation of serious cartel conduct;
  • Understand the legal, economic and sociological theory behind the prohibitions against price fixing and exclusionary provisions; and the comparative insights offered by competition laws in other jurisdictions;
  • Understand the powers of the Australian Competition and Consumer Commission for investigating possible cartel conduct in criminal and/or civil proceedings.
  • Be informed by a comprehensive range of possible arguments and counter-arguments when analysing and formulating the theory and evidence of a cartel case;
  • Be able to prepare an application for immunity and to manage immunity issues in multi-jurisdiction cases.

Syllabus:

  • Outline of the law and enforcement of per se prohibitions against cartel conduct in Australia and current and emerging issues
  • Elements of liability under the civil prohibitions
  • Elements of liability under the criminal prohibitions
  • Exemptions and defences (including the new joint venture defence)
  • Civil and criminal sanctions against corporate and individual defendants, including sentencing
  • Damages
  • Powers of investigation in criminal and/or civil proceedings (including the ACCC immunity policy)
  • Relationship between and management of civil and criminal proceedings for breaches of the prohibitions against cartel conduct
  • Class participation (10%)
  • Research paper in two parts (each being 4,000 words) (90%) (13 November)
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.Mr Brent FisseLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730660P12.500Semester 2NLawLaw730-660

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