Assignment Task

Focus of Topics

In terms of assessment, the follow may be included:

1. All relevant definitions that were discussed in class (e.g. market, market power, substantial lessening of competition (including s 4G), contract, arrangement or understanding, purpose, effect or likely effect, provision, concerted practice, etc.).
2. Accessorial liability and attempt to contravene (i.e. ss 75B and 76(1)(b)-76(1)(f) of the CCA);
3. Cartel conduct provisions (i.e. ss 45AD, 45AF, 45AG, 45AJ and 45AK);
4. Contracts, arrangements or understandings that restrict dealings or affect competition (i.e. s 45(1));
5. Misuse of market power (i.e. s 46(1));
6. Exclusive dealing (i.e. ss 47(1) – 47(10));
7. Resale price maintenance (i.e. ss 48(1) and 48(2), 96(1)-96(3), 96A and 97);
8. Mergers and Acquisitions (i.e. ss 50(1) – 50(3));
9. Notification (i.e. s 93); and
10. Authorisation (i.e. s 88).

In terms of competition law, the following is not included:

1. Exceptions to cartel provisions (i.e. s 45AL – s 45AU);
2. Secondary Boycott provisions (i.e. s 45DA to s 45EB);
3. Misuse of Market Power – corporation with substantial degree of power in the trans-Tasman market and No immunity from jurisdiction in relation to certain New Zealand laws (i.e. ss 46A and 46B);
4. Dual listed company arrangements (i.e. s 49);
5. Acquisitions that occur outside Australia (i.e. s 50A);
6. Exceptions (i.e. s 51);
7. Concurrent operation of State and Territory laws.
8. Public and Private Remedies.

Suggested Approach for Preparation

There is no set approach for preparing for the Final Take-Home. Each student will likely have their own approach.

As a suggestion, and only a suggestion, I recommend that you do, at least, the following:

1. View and familiarise yourself with the provisions of the CCA that we covered in class on Austlii (e.g. cartel provisions, ss 45, 46, etc.).
2. Read at least 2-3 cases (or at the very least summaries of those cases) under each heading from the reading list I have provided online, if you have not already.
3. Listen to the lectures on competition law that were uploaded online, if you have not already.
4. Read the Perci material online, if you have not already.
5. Have a try at the Sample Hypothetical Problem. I note that I will be going through this in some detail in our final class.