Your task Choose either Topic A or Topic B, and write a 3000 word (excluding referencing) research essay. Topics The Competition Policy Review (Harper Review) final report released on 31 March 2015 include the following: TOPIC A: Concerns about ‘creeping acquisitions’ typically arise where a business with a substantial degree of power in a market acquires many small competitors over time… On balance, in the absence of evidence of harmful acquisitions proceeding because of a gap in the law on creeping acquisitions, the Panel does not consider that a sufficiently strong case for change has been made. (p. 321-323) Did Harper get it right? Should the panel have recommended that section 50 of the Competition and Consumer Act 2010 be amended to regulate ‘creeping acquisitions’ so that the anticompetitive effect of an individual merger is assessed by reference to the aggregate effect of other mergers undertaken by the same corporation within a stated period of time? Illustrate your response with examples from the case law, current affairs and the literature. TOPIC B: Recommendation 30 – Misuse of Market Power The primary prohibition in section 46 of the CCA should be re-framed to prohibit a corporation that has a substantial degree of power in a market from engaging in conduct if the proposed conduct has the purpose, or would have or be likely to have the effect, of substantially lessening competition in that or any other market. (p. 348) Did Harper get it right? Has the existing ‘purpose’ test under section 46 of the Competition and Consumer Act 2010 failed to guard against misuse of market power? Illustrate your response with examples from the case law, current affairs and the literature. Assessment Criteria This essay will be marked out of 100 and account for 30% of the total grade. · 10% Consistent use of legal citation and referencing (following the Australian Guide to Legal Citation), and correct use of legal terminology, grammar and spelling. · 40% Thoroughness of research, and quality of synthesis of legal materials and information relevant to the topic. · 50% Clear articulation of issues, applicable law and legal reasoning; a well-structured discussion and presentation of arguments; critical assessment of legal issues and law reform (as appropriate)
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