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Competition and consumer law plays a significant role in all transactions between business and consumers, and among businesses. This course examines how businesses and consumers can use the Competition and Consumer Act 2010 (Cth) as both a "sword" and a "shield" in business dealings.
The course will examine the regulation of restrictive trade practices, such as cartels, pricing arrangements, abuse of market power, exclusive dealing, resale price maintenance and mergers. It will also examine the consumer protection provisions under the Australian Consumer Law (Sch 2 of the Competition and Consumer Act), with a particular focus on misleading or deceptive conduct, unconscionable conduct and advertising and marketing strategies.
Other aspects of the course will include a study of the role and function of the Australian Competition and Consumer Commission (ACCC), as the regulator that enforces the Competition and Consumer Act; advice on how to deal with ACCC investigations and trade practices litigation; how to identify and handle trade practices risks and how to develop and manage trade practices compliances programs. Some consideration will also be given to international regulation of competition and consumer laws.