Subjects 2010
Enforcing Competition and Consumer Law (formerly Enforcing Competition Law) 730745
- 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 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.
Syllabus
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.
