CLP16 Competition Litigation

What is this subject about?

This subject canvasses the nature of competition law disputes.

The subject aims to review the regulatory environment (including the ACCC) and the strategies and major issues prior to and after commencement of competition litigation.

What will I learn while studying this subject?

At the end of this subject you will be able to:

• explain the context of competition law and the issues giving rise to litigation in the area
• explain the role of the specialist corporations lists and the regulatory environment (including the ACCC) in competition law disputes
• identify and discriminate between strategies in competition law litigation, and address major issues which arise in practice prior to the commencement of competition litigation
• apply skills of analysis, problem solving and strategy to formulating courses of action in competition disputes
• determine appropriate dispute resolution options in a range of competition matters
• advise a client on a competition dispute including strategy, risks, costs and success prospects
• conduct pre-litigation steps in the specialist corporations lists

Topics in this subject will include:

• Core concepts of competition law
• Key prohibitions in competition law
• ACCC investigation and enforcement powers
• Court remedies and ACCC administrative remedies
• ACCC investigations
• Immunity, cooperation and consent proceedings
• Contested proceedings – no case submissions
• Contested proceedings – expert evidence
• Class actions

How will I be assessed?

Assessment in this subject will be based on:

• satisfactory participation in the program
• drafting assignment (20%)
• written advice to client assignment (20%)
• written open-book exam (60%)