2011
ACLA Competition Law Master Class For In-House Counsel

Brief description of the Masterclass
This master class provides in-house lawyers with an understanding of the ‘essentials’ of competition law. It entails an overview of the relevant parts of the Competition and Consumer Act 2010 (Cth), covering the underlying economic policy and concepts, the substantive prohibitions on anti-competitive conduct and a range of enforcement and compliance issues, in a way that is easy to understand but also sophisticated and challenging.
The focus of the master class is on key principles, conveyed through discussion of the statutory provisions, major cases and practical examples. It also includes an in-depth discussion of recent and proposed amendments in important substantive areas including cartels, misuse of market power and merger review, as well as in relation to the policies and investigatory powers of the Australian Competition and Consumer Commission. In 2011 it will include discussion of the Government's controversial proposals to ban "price signalling".
The Australian Competition and Consumer Commission provides a senior representative to address the master class. The Executive General Manager for Enforcement and Compliance, Marcus Bezzi, will speak on enforcement issues and there will be plenty of opportunity for Q&A.
The master class is tailored to in-house lawyers, recognising that these practitioners are required to be familiar with a wide range of legal areas. It enables in-house lawyers to ‘spot’ competition law issues in transactions and dealings with competitors, customers and suppliers and, to the extent necessary, brief external lawyers in a timely fashion. It also canvasses approaches to compliance, with a view to ensuring such issues do not arise, and enforcement, should enforcement action be threatened or taken. In conjunction with Freehills, practical aspects of advising on competition law issues are canvassed from a practitioner perspective.
Participants are provided with a set of printed materials and a detailed slide presentation is made available at each session. The master class also provides an opportunity for questions and discussion.
The Master Class may be credited towards mandatory continuing legal education (MCLE) or continuing professional development (CPD) requirements.
Morning tea, lunch and afternoon tea are provided.
About the Lead Presenter
Associate Professor Caron Beaton-Wells is one of Australia’s leading experts in competition law and enforcement. She has published widely in the area, including the highly regarded text, Proof of Antitrust Markets and an extensive critique of Australia’s anti-cartel laws, Australian Cartel Regulation: Law, Policy and Practice in an International Context (with Brent Fisse). Dr Beaton-Wells teaches Competition Law in the LLB/JD program at Melbourne Law School and oversees a substantial graduate program in competition law, in which she co-teaches the subject, Enforcing Competition and Consumer Law. She is a regular speaker at competition law conferences and is frequently called upon to comment in the media on competition law issues. Dr Beaton-Wells has been a member of the Victorian Bar since 1997 and is a member of the Trade Practices Committee, Business Law Section of the Law Council of Australia and the American Bar Association’s Sections of Antitrust Law and International Law. Prior to joining the Bar, she was a solicitor at Mallesons Stephen Jaques.
Registration
Details of the next ACLA Master Class will be available in 2012.
Feedback from ACLA Master classes in 2011
Melbourne, Sydney and Brisbane
The master class provided participants from a range of organisations with an understanding of the ‘essentials’ of competition law. It entailed an overview of the relevant parts of the Competition and Consumer Act 2010 (Cth), covering the underlying economic policy and concepts, the substantive prohibitions on anti-competitive conduct and a range of enforcement and compliance issues. Details of the next ACLA Master Class will be available in 2012.
80% of attendees rated the master class as excellent.
95% of attendees would recommend the class to others.
100% of attendees noted that their expectations were either met or exceeded.
- “… very impressed with the course, it is probably the best course I have attended in the last 3-4 years – very practical as well as covering the theory”
- “…was exactly as I expected, great!”
- “…useful insights, but the structure and content of Caron’s sessions were the best part – most useful
- “…great course, well run, Caron an impressive and engaging presenter”
- “Materials very good – appreciated the rigour with which they were put together…”
- “Freehills gave good practical information…ACCC was also a great presentation…”
- “…my expectations were exceeded”
- “ACCC presentation extremely valuable – also interesting presentations from Freehills…”
- “Very good, practical view useful”
- “…very practical…very thorough session”
- “…my knowledge was refreshed and I learned of recent developments”
- “Good; real life perspective…”
- “Excellent…able to explain difficult topic in layman’s terms”
- “Very strong practical focus, which is very useful”
- “…my expectations were more than met…”
- “…very glad the class came to Brisbane! Caron was a fantastic presenter, very knowledgeable on the topic. Materials very good as well. A very worthwhile seminar”
- “…very good, well paced…”
- “…very well done…”
- “…very good update and practical”
Melbourne
75% of attendees rated the master class as excellent.
92% of attendees would recommend the class to others.
100% of attendees noted that their expectations were either met or exceeded.
Some feed back from Melbourne participants -
- “ACCC presentation extremely valuable – also interesting presentations from Freehills…”
- “Very good, practical view useful”
- “…very practical…very thorough session”
- “…my knowledge was refreshed and I learned of recent developments”
Sydney
83% of attendees rated the master class as excellent.
95% of attendees would recommend the class to others.
100% of attendees noted that their expectations were either met or exceeded.
Some feed back from Sydney participants -
- “… very impressed with the course, it is probably the best course I have attended in the last 3-4 years – very practical as well as covering the theory”
- “…was exactly as I expected, great!”
- “…useful insights, but the structure and content of Caron’s sessions were the best part – most useful”
- “…great course, well run, Caron an impressive and engaging presenter”
- “Materials very good – appreciated the rigour with which they were put together…”
- “Freehills gave good practical information…ACCC was also a great presentation…”
- “…my expectations were exceeded
Brisbane
82% of attendees rated the master class as excellent.
100% of attendees would recommend the class to others.
100% of attendees noted that their expectations were either met or exceeded.
Some feed back from Brisbane participants -
- “Good; real life perspective…”
- “Excellent…able to explain difficult topic in layman’s terms”
- “Very strong practical focus, which is very useful”
- “…my expectations were more than met…
- “…very glad the class came to Brisbane! Caron was a fantastic presenter, very knowledgeable on the topic. Materials very good as well. A very worthwhile seminar”
- “…very good, well paced…”
- “…very well done…”
- “…very good update and practical”
Feedback from Master Class participants in 2010
The Sydney and Melbourne ACLA Master Class attracted 46 in-house counsel from Australia's leading companies. The seminars provided participants with an understanding of the ‘essentials’ of competition law. It also gave participants the opportunity to hear presentations by members of the Freehills competition law team, ACCC Executive General Manager for Enforcement, Marcus Bezzi and ACCC Commissioner for Enforcement, Sarah Court.
Sydney
Feedback following the Sydney Master Class stated that:
- 90% rated the quality of the presentation as excellent or very good.
- 100% of the feedback respondents rated the Master Class as 4 or 5 out of 5
- 100% said they would recommend the Master Class to others.
Below are some comments from the ACLA Sydney Competition Law Master Class participants:
- “I was seeking a more ‘rounded’ education in this area of the law. The Master Class was a great mix of theoretical, practical and legal approaches.”
- “Caron was very knowledgeable, interesting and engaging. Very worthwhile seminar.”
- “All three sessions were exceptional – very informative.”
- “What was delivered exceeded my expectations.”
- “My knowledge of competition law was patchy and I wanted to better understand the fundamentals and have a clearer roadmap of how to approach the provisions. Now I feel much more comfortable about dealing with issues in practice.”
- “It was a good overview. I understand a lot more than previously.”
- “I was relieved to find that I was already on the ‘right track’ with my understanding but now feel confident that I have added further building blocks to my knowledge.”
- “It was very valuable to bring practical application to the theory.”
Melbourne
Feedback following the Melbourne Master Class stated that:
- 100% rated the quality of the presentations as excellent or very good,
- 100% rated the Master Class as 4 or 5 out of 5,
- 93% said it fulfilled or exceeded their expectations, and
- 100% said they would recommend it to others.
Below are some comments from the ACLA Melbourne Competition Law Master Class participants:
- “I thought it was fantastic.”
- “All presenters were excellent, but Caron in particular.”
- “Very good practical insights.”
- “Valuable for ‘on the ground perspective.’”
- “It provided a very useful and well presented overview. I look forward to following up by reading the printed materials.”
- “Very clear presentation. Extremely comprehensive materials.”
- “Valuable and well delivered. Good practical advice.”
- “Gave good tips and was very useful.”
- “Sarah Court was excellent.”
- “Added excellent information on practical approach to M&A and Section 46.”
- "Very good."
Feedback from Master Class participants in 2009

For the forty in-house counsel who took part, the ACLA Competition Law Master Class provided a great opportunity to examine the Trade Practices Act in detail, with a tailored focus on issues relevant to those working in-house.
Feedback collected after the Master Class stated that, of those who took part, 64 per cent rated the quality of the Master Class presentation as ‘Excellent’. One hundred per cent rated the class either four or five out of five, and everyone who took part said that they would recommend the Master Class to their colleagues.
Below are some comments from the ACLA Competition Law Master Class participants:
“Competition law is very relevant to my company’s business and we wanted to have a better understanding of it in-house, rather than having to revert to external counsel for minor questions. It was a fantastic course.”
“I wanted to update my knowledge of TPA law, gain a better understanding and consolidate my knowledge. The Master Class was great as it was not pitched ‘too low’. It was well constructed and thought provoking. The presenter had an excellent understanding of the law and ability to impart knowledge.”
“I enrolled in the Master Class to get an intensive and practical overview by a leader in the field. I received the benefits I was seeking and it left me considering further study in this area.”
“The presentation was excellent. Pitched to a good standard, not too much dumbing down despite the range of areas covered.”
Topics
Morning Session [8.30-12.45]
- Registration and coffee
- Introductions
- Overview of the competition provisions of the Competition and Consumer Act 2010 (Cth)(CCA)
- Objectives of competition regulation
- Types of business practices that may attract the CCA
- Agencies that administer the CCA
- Reach of the Act in terms of persons, entities and geographic areas
- Key concepts
- Role and meaning of markets under the CCA
- Meaning of competition and its antithesis, market power, under the CCA
- Mergers and acquisitions
- Types of M&As covered by the CCA, including recent developments relating to ‘creeping acquisitions’
- Legal-economic analysis of M&A proposals under the ACCC Merger Guidelines
- Merger review by the ACCC – processes, information requirements, strategy
- Misuse of market power
- Scope of the legal prohibition on misuse of market power by a single firm, including recent developments relating to ‘predatory pricing’
- Tests to determine whether a firm has substantial power and has misused it, including a checklist for in-house counsel
Lunch [12.45-1.30]
Afternoon Session [1.30-5.30]
- Vertical relationships
- Dealings with suppliers and customers prohibited by the CCA
- Tests for illegality and scope for exemption
- Cartels
- Dealings with competitors that are prohibited under the CCA
- Proving collusion
- Scope of the new criminal and civil prohibitions
- Exemptions and defences (e.g. for joint ventures)
- New prohibitions on price signalling
- Enforcement
- Structure, philosophy, priorities and decision-making processes of the ACCC
- Investigatory powers
- Penalties and remedies
- Immunity and cooperation (settlement) policies.
Materials
Attendees at the seminar are provided with a folder of printed materials including extracts of key statutory provisions, cases, relevant articles and other materials. A list of recommended further reading and sources on each topic is also provided. Instruction is facilitated by the use of Powerpoint slides which are made available to attendees.
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Lecturer Location |
Semester 2 |
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Lecturer Location |
Semester 2 |
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Lecturer Location |
Semester 2 |
Assessment
The Master Class does not involve any assessment.
