Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject is not offered in 2016.
|Time Commitment:||Contact Hours: 35 hours of seminar classes offered intensively, or as 12 weekly 3 hour seminars over a semester. |
Total Time Commitment:
Torts (LAWS50025) and Criminal Law and Procedure (LAWS50034) are concurrent prerequisites.
Study Period Commencement:
November, Semester 2
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student's participation in the School's programs.
The inherent academic requirements for the study in the Melbourne Law School are:
Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.
Students who feel their disability will prevent them from participating in tasks involving these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/.
The effective regulation of cartel conduct (price fixing, output restriction, market sharing and bid rigging between competitors) is now recognised internationally as a distinctive specialty within the broader field of competition law and enforcement. It is regarded as posing the most serious threat to the system of free market competition that underpins economies, domestically and globally. At the same time, it is recognised as posing special challenges for detection and prosecution of offenders by enforcement authorities. In part, this is because, at the most serious end of the spectrum of such conduct, perpetrators go to significant lengths to conceal their activities from authorities and in part because it is increasingly cross-border in scope and effects and hence necessitates substantial cooperation between national and regional authorities to ensure that it is tackled in more than a piecemeal fashion.
This subject is based on the premise that it is no longer sufficient for Australian practitioners and scholars to be familiar with Australian cartel legislation and case law only. A comparative approach, based on an advanced understanding of the key elements of selected overseas jurisdictions, is required. In particular, it is important to appreciate the similarities and differences between the US and EU models. There is also useful scope for comparison on specific issues with jurisdictions such as the UK, Canada and New Zealand. A comparative approach across this complex field will enable Australian practitioners and scholars:
The principal topics that will be addressed in this subject will be:
On completion of this subject, students should have:
- In relation to each of the comparator jurisdictions, integrated understanding of the following specialised subject-matter:
- A sophisticated appreciation of, and ability to engage in, the complex theoretical, policy and practical debates taking place internationally in relation to cartel law and enforcement, including:
- A capacity to critically and independently evaluate the scope for and benefits of convergence or harmonisation of cartel law and/or enforcement internationally;
- Through the assessment involving a research paper, developed specialised skills in self-directed legal research and in the autonomous and creative production of a substantial piece of legal writing that is thoroughly researched and develops arguments in a highly structured, supported and referenced way, with a high degree of original content;
- Through the assessment involving class participation, developed specialised skills in oral communication and, in particular, in the articulation at a sophisticated level of arguments and views concerning the subject material.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject, students should have developed their skills in the following areas:
Juris Doctor |
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