Enforcing Competition & Consumer Law

Subject LAWS70123 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

April, Parkville - 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: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Assoc Prof Caron Beaton-Wells

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

This subject will examine the law, practice and theory relating to enforcement of federal competition and consumer law. It will explore the issues from the perspectives of both the Australian Competition and Consumer Commission (ACCC) as the public enforcement agency and the business sector and its professional advisers (including in-house lawyers, external lawyers and compliance experts). Principal topics will include:

  • Developing a framework for competition and consumer law enforcement: Dealing with enforcement objectives, modes, tools, styles, effectiveness, legitimacy and constraints
  • 'Working out what is going on': The detection and investigation of potential breaches (e.g. in relation to complaint handling systems and informant reward policies)
  • 'Coming to terms': The negotiation of enforcement outcomes (e.g. in relation to administrative settlements and enforceable undertakings)
  • 'Fighting it out': Litigation before the tribunal and the court (e.g. in relation to the presentation of evidence and the availability and scope of particular penalties and remedies)
  • 'Fostering compliance': Fostering compliance generally so as to minimise the need for enforcement action (e.g. in relation to the design, implementation and review of compliance systems)

This subject will draw on materials from primary sources (e.g. ACCC publications and court decisions) and secondary sources (e.g. journal articles and working papers). Case studies will be used to highlight relevant issues. Guest lecturers from the ACCC, the legal profession and/or the business sector will take part in this subject.

Objectives:

A student who has successfully completed this subject should be able to:

  • Analyse issues relating to enforcement of competition and consumer law within a theoretical regulatory framework that encompasses and explains the relationships between enforcement objectives, tools and styles, effectiveness, legitimacy and constraints ('the enforcement issues')
  • Identify and critically assess the enforcement issues in detecting and investigating potential breaches, negotiating enforcement outcomes, litigating cases and seeking to foster compliance generally
  • Identify and critically assess the range of responses available to businesses, individuals and their advisers in preventing and responding to enforcement action
  • Draw on empirical and theoretical research on regulation and compliance in analysing the enforcement issues
  • Identify the practical implications of such analyses for the enforcement agency, the business sector and its professional advisers.
Assessment:

Class participation (20%) (including at least one assigned task in class)
Take-home examination (40%) (4-7 June)
4,000 word research paper (40%) (12 July) on a topic approved by the subject coordinator

Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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