LAW3444 Competition and Consumer Law
|Semester 1, 2019 Online|
|Short Description:||Competition and Consumer Law|
|Faculty or Section :||Faculty of Business, Education, Law and Arts|
|School or Department :||School of Law and Justice|
|Student contribution band :||Band 3|
|ASCED code :||090901 - Business and Commercial Law|
|Grading basis :||Graded|
Examiner: Rachel Burgess
Pre-requisite: (LAW1111 & LAW1112) or LAW1201 or (LAW5111 & LAW5112) or LAW5501 or LAW1101 or LAW1500
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
Every law student who works in the field of business requires a detailed understanding of the legal environment relating to competition and consumer protection law. There are heavy penalties for non-compliance. This unit is an essential elective for lawyers working in these areas.
This unit examines the nature and operation of Australian competition and consumer protection law, primarily under the Competition and Consumer Act 2010 (Cth). There are two broad areas:
1. Competition Law, focusing on areas including market definition, competition, market power, cartels, anti-competitive agreements, exclusive dealing, resale price maintenance, anti-competitive mergers and acquisitions, authorisation and notifications and remedies and enforcement; and
2. Consumer Law, focusing on areas including the changes to consumer protection pursuant to the Competition and Consumer Act 2010 (Cth), misleading or deceptive conduct, unconscionable conduct, unfair contracts regime, false or misleading representations, other unfair practices, consumer guarantees, product safety standards, remedies and enforcement.
On successful completion of this course students should be able to demonstrate:
- detail the provisions of the Competition and Consumer Act 2010 (Cth) that regulate a range of business activities, including dealings between businesses and with consumers and small businesses
- apply knowledge of the enforcement priorities of the Australian Competition and Consumer Commission in the areas of cartel conduct, misuse of market power, vertical restraints on competition and anti-competitive acquisitions
- articulate the key aspects of Australian consumer law including: misleading and deceptive conduct, unconscionable conduct and unfair contract terms
- understand the range of remedies and enforcement mechanisms that are available to the Australian Competition and Consumer Commission
- analyse legal and business issues that involve competition and consumer law arising from real cases so as to be aware of the legal risks in business, and show how these risks may be managed.
|1.||Competition law provisions||50.00|
|2.||Remedies and enforcement, including authorisations and notifications||10.00|
|3.||Australian consumer law, including remedies and enforcement||25.00|
|4.||Case studies and risk analysis.||15.00|
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2019&sem=01&subject1=LAW3444)
Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
(Also titled: Miller's annotated Trade Practices Act.)
Student workload expectations
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|RESEARCH ASSIGNMENT||40||40||23 Apr 2019|
|EXAMINATION||60||60||End S1||(see note 1)|
- This will be an open examination. The total working time for the examination is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.
Important assessment information
Online: If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the marks available for that assessment item.
Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.
To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
There will be an OPEN examination in this course. Candidates may have access to any printed or written material and a calculator during the examination.
Examination period when Deferred/Supplementary examinations will be held:
Any Deferred or Supplementary examination for this course will be held during the next examination period.
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.
Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in a Bachelor of Laws or Juris Doctor may use either Harvard (AGPS) or the AGLC style in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The AGPS style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.