Specialist Certificate in Global Competition Law

Competition Law is an area of law with mixed legal-economic content. The central disciplinary underpinning of competition law is economics. It is therefore essential that those practising in this field, whether as legal advisors to business, competition authority staff, or members of tribunals or courts have a solid grounding in the economic theories, concepts and techniques that underpin the policy, law and enforcement in this field.

This foundational subject introduces students to the history and spread of competition law across the world over the last century and to the range of objectives, influenced by various economic schools of thought, that have informed its development in different places and at different times. It ensures that students are well-versed in core economic vocabulary, concepts and frameworks and the ways in which they are translated into categories of legal prohibitions and enforcement approaches, common to all competition systems.

The subject sets the foundation for the course, providing crucial groundwork that will equip students to confidently tackle the economic content of the remaining subjects in greater detail. While the subject includes material with basic numerical equations, examples and diagrams, it does not require students to have advanced mathematical or statistical background knowledge or skills.

Highlights of the subject include:

• Practical application of economic concepts and techniques through problem-based learning activity; and
• Expositions and insights from leading economists and practitioners on various aspects of economics and the role of economists in competition law and practice.

Important information about this Subject

This subject is a pre-requisite for some competition and consumer subjects in the Melbourne Law Masters. We recommend students enrol in this subject when they first start their program of study.

Students who do not have a law degree from a common law jurisdiction must also complete Fundamentals of the Common Law (LAWS70217). It is strongly recommended this subject be taken towards the start of the course.

Important note on delivery

The teaching and learning activities in LAWS90065 Competition Law and Economics run online across an 8-week extended study period.

This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator.

Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities.

View detailed information in the Handbook

One of the means by which firms may behave anti-competitively is by engaging in unilateral conduct that damages the competitive process and consumer welfare. Such conduct may be described in various ways in different jurisdictions, including as monopolisation, abuse of dominance or misuse of market power. However, the rules that apply to it share a common aim, namely to target conduct by firms with market power that is likely to harm competition and reduce consumer welfare.

Anti-competitive unilateral conduct generally involves conduct by a firm that has substantial or monopoly/monopsony power in a market and uses that power to implement a strategy that is likely to harm competition. Debates and divergence between jurisdictions in relation to unilateral conduct relate to the level of power that should trigger legal prohibitions, the types of strategies that are likely to have anti-competitive effects and how such effects should be established and assessed. In recent years, such debates have focussed on conduct by large firms in the information technology sector.

This subject explores the approaches used by competition authorities to address anti-competitive unilateral conduct. Differences in approach between jurisdictions are critically analysed. Building on learning in previous subjects, the subject examines what is meant by unilateral market power and the conditions that enable unilateral power to be used to implement an anti-competitive strategy. Unilateral conduct that gives rise to a competition concern may take various forms, the most common categories of which are analysed in detail in this subject. Such categories include conduct involving refusals to supply and predatory pricing. However, a difficulty in addressing anti-competitive behaviour of this type is that it is not readily distinguishable from highly aggressive competition. Given this, various tests that have been used and the evidence relevant to making this distinction are examined. Seminal decisions by competition authorities and courts as well as industry case studies are used to provide insights into the competition analysis of unilateral conduct.

Highlights of the subject include:

• Critical examination of the approaches taken to the design and application of unilateral conduct laws, drawing on examples from different jurisdictions around the world;
• In-depth case studies of unilateral conduct in a range of industry sectors with a view to ensuring students can properly analyse the rationales for such conduct and assess their likely effects on competition; and
• Insights and perspectives from leading stakeholders such as competition authority officials and practitioners to assist students in grappling with the challenges posed by the design and enforcement of unilateral conduct rules.

Important note on delivery

The teaching and learning activities in LAWS90066 Abuse of Market Power run online across an 8-week extended study period.

This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator.

Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities.

View detailed information in the Handbook

This subject will provide students with an in-depth understanding of the legal rules and economic principles underpinning the review of mergers and acquisitions in Australia. Around the world merger law is topical, with concerns about increased concentration and acquisition of potential start-up competitors, particularly in the fast-evolving digital space. In this subject you will examine how the competitive effects of different types of mergers are assessed in Australia, including the circumstances in which mergers may be authorised. We will examine the processes involved in merger review, as well as the penalties for contravention. The subject will also examine proposals for reform of Australia’s merger review laws and processes. As the Australian Competition and Consumer Commission (ACCC) continues to advocate for substantial changes to our nation's merger laws, this subject presents a unique opportunity to delve into the nuances of Australian merger law's current and potential future application.

Indicative list of principal topics:

• Merger law and processes
• The economics and analysis of horizontal, vertical, conglomerate and digital mergers and ecosystems
• Authorisation of mergers in Australia and other merger remedies Merger reform proposals
• Merger reform proposals

Important note on delivery

The teaching and learning activities in LAWS90287 Australian Merger Law run online across an 8-week extended study period.

This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator.

Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities.

View detailed information in the Handbook

Cartel conduct is regarded as anathema to competitive markets and consumer welfare. Such conduct encompasses various forms of collusion or collaboration between competitors, the most serious of which involve fixing prices, dividing markets, restricting output and rigging bids. These categories of collusion have been shown to raise prices, reduce quality and choice, and stifle business responsiveness and innovation. They are also hard to detect, prosecute and deter. Tougher anti-cartel laws and sanctions have been a high priority for competition authorities in recent years. While there is a high degree of consensus around the world as to the core tenets of the prohibitions applicable to serious cartel conduct, there is a vigorous discourse amongst authorities, practitioners, business and academics regarding the most effective approaches to sanctioning and enforcement.

At the same time, not all agreements between business rivals are anti-competitive or detrimental to consumer welfare. Some, such as joint ventures or distribution agreements, may be driven by efficiencies or may be welfare-enhancing in other ways. Competition laws and their enforcement therefore need to distinguish between different types of conduct involving competitors based on their economic rationale and likely effects.

This subject considers the economic principles relevant to collusion (or horizontal restraints). Students examine critically and in-depth the main prohibitions and exemptions or defences that apply to cartel conduct and other types of collaboration between competitors. They explore who should be held liable for such conduct (companies and/or individuals) and what approaches are or should be taken to sanctioning (administrative and/or criminal). Finally, students explore and assess the effectiveness of the policies and tools that competition authorities deploy in detecting, prosecuting and deterring cartels, as well as learn about and analyse the vigorous debates that relate to private actions for damages arising out of such conduct.

Highlights of the subject include:

• Critical examination of the approaches taken to the design and application of cartel laws and sanctions, drawing on examples from different jurisdictions around the world;
• Use of the rich body of theoretical and empirical research relating to cartel conduct as well as analysis of actual cases and competition authority policy documents and guidelines to aid this examination; and
• Insights and perspectives from leading stakeholders such as competition authority officials and practitioners to assist students in grappling with the challenges posed by the design and enforcement of anti-cartel rules.

Important note on delivery

The teaching and learning activities in LAWS90074 Cartels run online across a 4-week extended study period.

This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator.

Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities.

View detailed information in the Handbook

This subject offers an in-depth examination of China’s competition law regime, with a particular focus on the Anti-Monopoly Law, its implementing regulations, and landmark enforcement decisions. Since its enactment in 2007—and subsequent amendment in 2022—China’s competition law has undergone rapid development, positioning the country alongside the United States and the European Union as a major global competition jurisdiction.

Students will explore key areas of substantive and procedural competition law, including monopoly agreements, abuse of market dominance, merger control, administrative monopoly, and anti-monopoly procedures. This subject will also consider the application and the enforcement of competition law in evolving domains, such as intellectual properties and the platform economy.

Case studies will include milestone decisions from China such as those involving Qualcomm, Tetra Pak and Alibaba; and from the EU including Microsoft and Google, as well as Google and Apple from the US. These will be used to illustrate the practical operation of the law and its economic and political implications. We will also take a comparative analysis throughout the subject, enabling students to contrast the Chinese approach with that of other major jurisdictions, particularly the European Union and the United States.

This subject is designed to equip students with the critical tools necessary to navigate the regulatory landscape of China’s competition law—an increasingly indispensable competency for legal professionals engaged in global commerce and regulatory practice. Most important, it also aims to deliver student a comparative perspective on the major developments across the world.

Indicative list of principal topics:

• General introduction to competition law
• Monopoly agreements
• Abusing dominant positions
• Merger control
• Administrative monopoly and fair competition review
• Competition law enforcement
• Competition law and intellectual properties
• Competition law and platform economy

View detailed information in the Handbook