Outline

Overview

Competition and consumer law impacts on everyone and on every business. This unit examines provisions in the Competition and Consumer Act 2010 (Cwth) that regulate a range of business activities, including, dealings between businesses and with consumers, pricing, advertising and unfair practices. The focus will be on current enforcement priorities of the Australian Competition and Consumer Commission and topics covered will include: cartel conduct, misuse of market power, vertical restraints on competition, anti-competitive acquisitions and key aspects of Australian consumer law including: product safety, consumer guarantees, unfair contract terms, unconscionable conduct and misleading or deceptive conduct. Students will analyse legal and business issues involving competition and consumer law arising from given fact situations and real-world contexts to increase awareness of legal risk situations in business and understanding of how these risks may be managed.

Unit details and rules

Unit code	CLAW2205
Academic unit	Accounting
Credit points	6
Prohibitions ?	None
Prerequisites ?	CLAW1001 or CLAW2214
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Andrew Terry, andrew.terry@sydney.edu.au
Lecturer(s)	Andrew Terry, andrew.terry@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Individual research assignment Written task	40%	Formal exam period Due date: 07 Jun 2024 at 11:59 Closing date: 14 Jun 2024	2000 words
Outcomes assessed:
Presentation	Group presentation Two oral presentations (each 10 minutes) supported by 10 x PPT slides	20%	Multiple weeks	Two presentations (each 10 mins/10 PPTs)
Outcomes assessed:
Participation	Participation Participation in and contribution to class discussions and tutorials	10%	Ongoing	Continuous throughout semester
Outcomes assessed:
Small test	First In-class Test I hour short answer in-class test in week 6	15%	Week 06	I hour short answer in-class test
Outcomes assessed:
Small test	Second In-class test In class test	15%	Week 13	1 hour in class test
Outcomes assessed:
= group assignment ?

Assessment summary

Individual In-class Tests. Two one-hour in-class tests will be administered during the semeseter – the first in Week 6 covering consumer law/fair trading and the second in week 13 covering competition and restrictive trade practices. Each test will require three questions to be answered from a choice of questions of equal value. The tests will be closed book. The questions will all be aimed at testing a general understanding of the material covered and forensic analysis of material covered is not expected. Further guidance will be provided in class and on the canvas site.
Group Presentations. Students will form, or be allocated to, groups of 3/4 (the group size dependent on enrolment in CLAW2205). Each group will be allocated two topics - either a case or an issue related to the topic addressed in the class in which a presentation is scheduled. Presentations will be held in weeks 4 - 6 and 8-12 and each group must present in the week scheduled for that particular presentation. Each presentation will incorporate an oral presentation of about 10 minutes and a written presentation of about 10 PPT slides. Each presenation will incorporate a Q&A component with questions from the lecturer and the class. The mark awarded is a group markwhich may be adjusted as a result of peer evaluation. Further information will be provided in class and on the canvas site.
Individual research assignment: Each student will submit an individual written paper via Turnitin in response to the assignment question. Two assignment questions will be posted – one addressing the consumer protection/fair trading part of the course and the other addressing the competition/restrictive trade practices part of the course. Students can choose the question they wish to answer.. The assignment question and a detailed task description can be found on Canvas.
Participation. The participation mark is awarded having regard to contribution to and participation in class activities throughout the semester.

Detailed information for each form of assessment can be found on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Awarded when you demonstrate the learning outcomes for the unit at an exceptional standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Distinction	75 - 84	Awarded when you demonstrate the learning outcomes for the unit at a very high standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Credit	65 - 74	Awarded when you demonstrate the learning outcomes for the unit at a good standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Pass	50 - 64	Awarded when you demonstrate the learning outcomes for the unit at an acceptable standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Fail	0 - 49	When you don’t meet the learning outcomes of the unit to a satisfactory standard.

For more information see sydney.edu.au/students/guide-to-grades.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Late penalties: Any assessment submitted after the due time and date will incur a late penalty of 5% of the total marks per 24 hour period, or part thereof, late (note that this is applied to the mark gained after the submitted work is marked). Since submission is electronic, weekends and public holidays count as days in the same way as working days. Any assessment submitted after the due time and date will incur a late penalty unless excused by special consideration, special arrangement or disability services adjustment. Word length: Where a word length is specified, you must conform to the word length. Where a student exceeds the word length, the student will lose 10% of the total marks when the submission is 10% above the word length and 10% for each 10% over-length thereafter. Note that the word limit includes footnotes but excludes the bibliography.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	1 Introduction to CLAW2205. 2 Overview of the Competition and Consumer Act 2010 (Cth).	Lecture (3 hr)
Week 02	Fair trading, consumer protection and the Australian Consumer Law.	Lecture and tutorial (3 hr)
Week 03	1. Misleading or deceptive conduct. 2. Advertising regulation	Lecture and tutorial (3 hr)
Week 04	Unconscionable conduct	Lecture (2 hr)
Week 04	Group presentations on misleading and unconscionable conduct as scheduled	Presentation (1 hr)
Week 05	Unfair contract terms	Lecture (2 hr)
Week 05	Group presentations on unconscionable conduct and unfair contract terms as scheduled.	Presentation (1 hr)
Week 06	Supply of goods and services - consumer guarantees, manufacturer's liability for unsafe goods	Lecture (2 hr)
Week 06	Group presentations as scheduled on supply of goods and services	Presentation (1 hr)
Week 07	Current fair trading and consumer consumer protection issues	Lecture (2 hr)
Week 07	In-class test	Practical (1 hr)
Week 08	1. Introduction to the regulation of restrictive trade practices under Part IV Competition and Consumer Act 2010 (Cth). 2 Fundamental concepts in competition law	Lecture (2 hr)
Week 08	Group presentations on competition policy and the administration of competition law as scheduled.	Presentation (1 hr)
Week 09	Collusion -cartels and other collusive conduct	Lecture (2 hr)
Week 09	Group presentations as scheduled on collusive conduct	Presentation (1 hr)
Week 10	Misuse of market power	Lecture (2 hr)
Week 10	Group presentations as scheduled on misuse of market power	Presentation (1 hr)
Week 11	1. Exclusive dealing. 2. Resale price maintenance.	Lecture (2 hr)
Week 11	Group presentations as scheduled on exclusive dealing and RPM	Presentation (1 hr)
Week 12	1 Anti-competitive mergers. 2. Authorising anti-competitive activity.	Lecture (2 hr)
Week 12	Prsentations as scheduled on mergers and authorisations.	Presentation (1 hr)
Week 13	Review of competition law and policy	Lecture and tutorial (2 hr)
Week 13	In-class test	Practical (1 hr)

Attendance and class requirements

Attendance: Students should ensure they attend and participate in all classes to maximise their learning experience.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Each weekly topic includes readings from the set textbook:

Bender M, Christie S, Carter S and Lockhart S, “Marketing and the Law”, 6th edition, Lexis Nexis Butterworths 2020.

All additional readings for this unit can be accessed via the weekly readings link available on Canvas.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. identify and analyse legal issues about competition and consumer law arising from given fact situations and real-world contexts
LO2. resolve competition and consumer law problems by applying the relevant law, evaluating possible solutions and developing coherent arguments to support conclusions
LO3. manage, analyse, evaluate and use legal material and information about competition and consumer law
LO4. communicate about competition and consumer law, orally and in writing, to a professional standard
LO5. work collaboratively with people from diverse backgrounds with inclusiveness and integrity.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

Students will be offered a tailored workshop on legal research and citation delivered by the Business School's designated librarian.

Additional information

Legal referencing guidelines: Students should refer to the Australian Guide to Legal Citation (AGLC) to ensure they are using the correct method of citation when submitting written work. More information on the AGLC method is available on Canvas.
Alternatively, the Business School’s preferred style guide may be approved at the discretion of the lecturer. More information is available on Canvas.
Students will be offered a tailored online workshop on legal research and citation delivered by the Business School's designated librarian.

Business School Policies

Site visit guidelines

All students must observe the University of Sydney’s Covid-19 requirements, as published from time to time.

Work, health and safety

All students must observe the University of Sydney’s Covid-19 requirements, as published from time to time.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Site visit guidelines

Work, health and safety

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

CLAW2205: Competition and Consumer Law

Semester 1, 2024 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Site visit guidelines

Work, health and safety

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect