Use the Tab and Up, Down arrow keys to select menu items.
The Law regulating or promoting competition in the New Zealand economy.
Competition law is the law by which the state regulates the market. In this class, we look at the economic theories underpinning the market regulation in New Zealand and what market regulation is trying to achieve (i.e. its normative goal). We then primarily look at the regulatory framework in the New Zealand Commerce Act, namely the provisions in Part 2 and 3, as well as the procedure for the enforcement of these substantive regulations in Parts 5 and 6 of the Act. In other words, we look at the legal tests to determine whether certain behaviour by businesses, including cartels, monopolies and mergers, is considered to be economically undesirable because it lessens the competitiveness of the market. We then look at how the state, in the form of the Commerce Commission, regulates this behaviour. As well, we will look at the options a business has when it disagrees with a regulatory decision taken by the Commerce Commission.We will also take a comparative look at market regulation abroad, in addition to Australia we will look particularly at the United States and European Union competition law.
On successful completion of this course, students should be able to:Identify and explain the goals of competition law;Identify and explain the types of behaviour subject to competition law;Identify and explain the ways in which the Commerce Commission regulates market behaviour;Identify and explain the ways in which a business can obtain clearance to engage in behaviour susceptible to regulation;Communicate the extent of their knowledge and understanding, particularly as regards advising potential clients about the permissibility of market behaviour;Use their understanding of the normative foundations of competition law for critical analysis of the law;Work independently and manage their time in order to meet course deadlines.
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
Employable, innovative and enterprising
Students will develop key skills and attributes sought by employers that can be used in a range of applications.
Biculturally competent and confident
Students will be aware of and understand the nature of biculturalism in Aotearoa New Zealand, and its relevance to their area of study and/or their degree.
Globally aware
Students will comprehend the influence of global conditions on their discipline and will be competent in engaging with global and multi-cultural contexts.
AFIS355, ACIS355
LAWS202-LAWS206
Jan Bornheim
Assessment in class will consist of three components: a portfolio to be designed and presented during class, a weekly quiz on the reading, and a final time-limited test.The assessment will be confirmed in the first week of lectures.
The choice of textbook will be confirmed by the first week of lectures.
Domestic fee $822.00
International fee $4,000.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .