LEGAL427-19B (HAM)

Competition Law

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law
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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

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Paper Description

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This paper studies competition law and policy including the regulation of takeovers and mergers, and restrictive trade practices. The paper will examine:

(1) legal and economic concepts of monopoly and competition;

(2) vertical restraints including resale price maintenance and exclusive dealing arrangements;

(3) collaboration among competitors;

(4) mergers;

(5) enforcement and remedies.


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Paper Structure

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This is an A semester paper. The teaching component comprises one two-hour lecture per week.


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Learning Outcomes

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Students who successfully complete the course should be able to:

  • have gained an understanding of the legal and economic concepts and policies associated with competition law in New Zealand.
    Linked to the following assessments:
  • be familiar with the Commerce Act 1986, and the cases that have been decided in relation to that Act, and able to handle and advise upon both specific problems and future law changes;
    Linked to the following assessments:
  • have acquired a detailed knowledge of the main rules of current competition law, and the remedies available;
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  • be equipped to take a critical and constructive approach to competition law relevant to New Zealand's future needs.
    Linked to the following assessments:
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Assessment

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Opinion
2 Sep 2019
5:00 PM
50
  • Online: Submit through Moodle
2. Take-Home Test
18 Oct 2019
5:00 PM
50
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students are required to purchase, for use in all law papers, a copy of Coppard, McLay, Murray & Orpin-Dowell New Zealand Law Style Guide (3rd ed, 2018). This is available from Bennetts.

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In addition to the texts identified below, the Law School requires that students purchase the course materials book(s) for this paper. These are available from Waikato Print.

Texts:

Tony Dellow and Anna Parker, Guide to Competition Law (2ed, 2018). (An updated version of this book is available through the LexisNexis website, as chapters in Commercial Law in New Zealand.).

Chris Noonan, Competition Law in New Zealand (2017)

Commerce Act 1986 (with amendments)

References:

Sumpter, Matt, New Zealand Competition Law and Policy (2010) (An updated version of this book is available electronically through the CCH website, access from the Library).

Gault on Commercial Law (Westlaw NZ database)

Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact Te Piringa Faculty of Law.


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Online Support

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Online support for this paper is provided via Moodle.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to the Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.


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Workload

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Students should expect to spend 150 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of an assignment.


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Linkages to Other Papers

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Prerequisite(s)

Prerequisite papers: LEGAL103 and LEGAL104 or LAWS103; and LEGAL204 or LAWS204.

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS427

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