• Overview
• Teaching Dates
• Assessment
• Materials

Objectives

Competition Law Overview is a one-day seminar designed to provide a general understanding of the competition law regime set out in the Trade Practices Act 1974 (Cth), with particular emphasis on the provisions in Part IV of the Act.

It is ideal for those considering enrolment in the Graduate Diploma in Competition Law or those whose practice incorporates competition issues. The overview may fulfil Continuing Professional Development (CPD) or Continuing Legal Education (CLE) requirements.

Principal topics will include:

• The structure and purpose of the Trade Practices Act 1974 (Cth)
• Key economic concepts – markets, competition and power
• Mergers
• Cartels
• Misuse of market power
• Access
• Vertical restraints
• Clearance, notification and authorisation
• Case study.

Dates

• Melbourne - 8.30 am - 5 pm, Saturday 6 February 2010
• Brisbane - 8.30 am - 5 pm, Saturday 6 March 2010

Fee

$600 (includes GST)

Application forms

• Melbourne application form (.pdf)
• Brisbane application form (.pdf)

Overview

Competition Law Overview is a one day seminar offered by Melbourne Law School as part of the Melbourne Law Masters program.

It is designed to provide you with a general understanding of the competition law regime set out in the Trade Practices Act 1974 (Cth), with particular emphasis on the provisions in Part IV of the Act.

In 2008, Melbourne Law School substantially expanded our graduate program in competition law and we now offer a significant number of subjects, as well as the Graduate Diploma in Competition Law. This one day Competition Law Overview program builds on our existing program, providing an introduction that is ideal for those considering undertaking a course or specialised subject, or those simply seeking a basic grounding in competition law.

Competition Law Overview also provides an excellent opportunity for junior practitioners who have recently rotated, or are about to rotate, into a competition law practice group, as well as those who hope to specialise their career in this area to quickly familiarise themselves with this area of law.

Applicants should note that there are no fixed eligibility criteria for acceptance into Competition Law Overview and there is no assessment. Applications will be accepted at any time before the seminar begins (subject to the availability of places).

Acceptance into Competition Law Overview in no way implies that a student will be accepted into the Graduate Diploma in Competition Law, or any other program in the Melbourne Law Masters. Completion of this seminar cannot be credited towards a masters degree or graduate diploma with Melbourne Law School . Equally, the seminar is not a prerequisite to enrolment into the graduate program in competition law.

Syllabus

1. Overview of the history, purpose and structure of the TPA
Participants will obtain a familiarity with the basic structure of the TPA as well as an awareness of the various competition regulatory bodies and the roles they play.

2. Key economic concepts – markets and competition
This session explains the core economic concepts associated with defining a market and understanding competitive dynamics for the purpose of competition law analysis.

3. Mergers and acquisitions
The regime regulating mergers and acquisitions including section 50 of the TPA will be examined, as well as the approach taken under the ACCC’s Merger Guidelines.

4. Misuse of market power
In this session, we will consider the basic tests applied by the courts to determine whether a corporation has substantial market power and consider what constitutes a ‘taking advantage’ of that power for a proscribed purpose under section 46 of the TPA.

5. Horizontal restraints (cartels)
This session introduces participants to the types of collusive conduct that may fall foul of the TPA and the provisions that regulate such conduct.  Criminalisation of cartel conduct will also be considered.

6. Vertical restraints
The exclusive dealing and resale price maintenance prohibitions will be considered in this session as will the potential efficiency or pro-competitive effects of such conduct.

7. Access
This session will introduce participants to concepts of natural monopolies, the economic justifications for access regulation and the way in which these are accommodated by the TPA.

8. Clearance, notification and authorisation
This session will be highly relevant to junior lawyers practising in the field of competition law.  It focuses on the processes and tests applied by the ACCC and Tribunal in assessing clearance, notification and authorisation applications.

9. Case study: Nestlé notification
This case study draws together the material covered throughout the day in a practical way.  It will consider the recent attempt by Nestlé to notify conduct designed to inhibit parallel conduct.  Participants will break into small groups to consider whether the conduct is likely to be caught by the TPA.  You will be provided with the notification lodgements, correspondence between Nestlé and the ACCC, submissions made to the ACCC and the ACCC’s final notice to revoke.  This will allow you to see how the ACCC deals with notifications and authorisations and will allow the concepts explained throughout the day to be revised in a practical context.