Subjects 2010
Market Power and Competition Law 730635
- Credited Courses: Graduate Diploma in Competition Law L06; Graduate Diploma in Legal Studies L08; Master of Commercial Law 504; Master of Laws (LLM) 502
Objectives
A student who has successfully completed this subject should:
- Understand the current law on section 46 of the Trade Practices Act 1974 (Cth) on 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 recent reforms and why they have arisen
- Be able to apply section 46 in a commercial context.
Syllabus
This subject provides an examination of the law and economic theory relating to the regulation of market power under the Trade Practices Act 1974 (Cth). It offers current examples relating 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 (Cth) and related provisions
- 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 Parts IIIA and XIC
- Recent amendments to predatory pricing provisions and ongoing reform agendas
- Strategic behaviour and section 46
- Structural remedies and market design issues
- Industry case studies such as telecommunications, supermarkets and aviation.
