LAWCOMM 422 : Competition Law

Law

2021 Semester Two (1215) (15 POINTS)

Course Prescription

A study of the principles of competition law in New Zealand including the effect on competition law of the CER Agreement with Australia. Comparison with the competition laws of other countries including the United States, the European Union and Australia.

Course Overview

This course seeks to foster an understanding of the policy, statutory, economic, and international dimensions of competition law and policy in New Zealand.
Competition law (or antitrust law) aims to protect and promote competition among market participants by prohibiting market conduct through the application of general rules on a case-by-case basis that might undermine the competitive process.
It needs to be distinguished from many other laws and government measures that impact market competition in one way or another, including by restricting, distorting, regulating, creating or protecting competition. These fall outside of the course. As do statutes, such as the Telecommunications Act 2001, that address business practices in specific industries similar to the business practices that may fall within the Commerce Act 1986.
Competition law is heavily influenced and animated by economics and economists. An understanding of the subject requires some appreciation of the economic ideas that guide the application of the law. The course examines the law and economics of restrictive business practices and mergers under the Commerce Act. No prior knowledge of economics is assumed or required.
Topics covered:
  • Objective of competition law 
  • Basic competition economics  
  • Market definition, the assessment of market power and conditions of entry, and competition tests  
  • Hardcore cartels and the treatment of tacit collusion  
  • Joint ventures and cooperation between competitors and other agreement that may substantially lessen competition  
  • Unilateral taking advantage of market power, such as predatory pricing, bundling and tying and refusals to deal  
  • The assessment of mergers that substantially lessen competition, including mergers that may better facilitate coordination between competitors 
  • The relationship between competition law and innovatuion, intellectual property law and information technology  
  • The application of the public benefit test and the review of the authorisation process 
The course will familiarise you with a selection of New Zealand and Australian cases and Commerce Commission determinations. We also comparatively assess New Zealand law against the position in the United States and Europe where useful.
We will not cover the price control provisions in Part 4 of the Commerce Act or the industry specific regulations applied to the dairy, electricity or telecommunications industries.

Course Requirements

Prerequisite: LAW 241 or COMLAW 201 and 203 Restriction: LAW 419

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Evaluate the current issues of principle and policy underlying the increasingly transnational application of competition law. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.2 and 6.3)
  2. Demonstrate an understanding of and be able to describe the fundamental elements of competition law and competition policy analysis. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.2 and 6.3)
  3. Critically analyse and reflect upon the law, economic and legal principles underpinning competition law enforcement. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.2 and 6.3)
  4. Explain the core principles of competition law jurisprudence, particularly that of New Zealand. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Assignment 30% Individual Coursework
Final Exam 70% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4
Assignment
Final Exam
Assessment is by way of a quiz, an assignment and a final exam. The quiz will be a multiple choice quiz, early in the course. The quiz will not count towards the final mark.
The assignment will count towards 30 percent of the final mark. The assignment will be due shortly after the mid-semester break. The word limit for assignment is 2,250 words.
The exam will be 2 hours and have an open book format. The exam will count towards 70 precent of the final mark.
Please note that any Papers in Lieu of the Examination (PILOs) are in lieu of the examination only. The coursework must still be completed. The word limit for a PILO for LAWCOMM 422 would be 5250 words. If you are interested in writing a PILO please come and see the lecturer.

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is expected at scheduled activities.
Lectures will be available as recordings.
Attendance on campus is required for the exam.
The activities for the course are scheduled as a standard weekly timetable.

Learning Resources

Legislation
It is essential that you have access to, and become familiar with, the Commerce Act 1986. The Act has been amended a number of times. You might find it convenient to download and print out the PDF of version from the New Zealand Legislation website. See http://www.legislation.govt.nz/act/public/1986/0005/latest/DLM87623.html . Please ensure you have an updated version of the Act.  
Course materials
Practical realities require a balance in putting together the course materials. Competition law cases tend to be long and fact-intensive. The reading of whole cases rather than just extracts is important to better appreciate the subject. The most important cases address a number of separate issues and some will be referred to more than one part of the course. However, course book size is capped and student time is finite. In addressing the trade-off between comprehensive coverage and complete cases, a decision has been made to have course materials that contain longer extracts from a smaller number of cases.
All of the materials are available through Canvas. The Law School is not producing either hardcopy or pdf versions of the course book. The pdf of the 2019 course book for Competition Law will be posted on Canvas and is available for downloading. The 2019 course book contains most, but not all, of the 2021 course materials.
Commerce Commission Guidelines  
The Commerce Commission has published a number of valuable guidelines. The most important guidelines are the Mergers and Acquisition Guidelines (July 2013). They closely follow the approach of merger guidelines of key competition law jurisdictions. Also important are the Authorisation Guidelines (2013), Draft Authorisation Guidelines (2019) and the Competitor Collaboration Guidelines (2018). Other guidelines deal with enforcement issues, such as the Cartel Leniency Policy and Process Guidelines (April 2011). All of the guidelines are published on the Commission’s website: www.comcom.govt.nz.
Suggested textbook 
  •  Noonan, Competition Law in New Zealand (2017) 
This is the most up to date textbook on New Zealand competition law. It grew out of this course and follows a similar structure. The Davis Law Library holds several copies of the book.  
Other New Zealand textbooks include:
  • Hampton and Scott, Guide to Competition Law (2013) 
  • Sumpter, Hamlin and Mellsop, Competition Law and Policy in New Zealand (2011) 
  • Gault on Commercial Law (1994-) – available through Library databases 
Please note that there have been significant developments in both statutory and case law since the publication of all of these books.  
Digital Resources 
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings. Detailed PowerPoint slides for each of the topic covered in the course will also be posted on Canvas.  

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 28/11/2020 04:13 p.m.