Question 1

What is the constitutional basis for the Competition and Consumer Act 2010 (Cth)?

Accepted Answer

The Competition and Consumer Act 2010 (C

Question 2

Which of the following is one of the mandatory industry codes prescribed under the Competition and Consumer Act 2010 (Cth)?

Accepted Answer

A) The Wheat Port Code. 
B) The Unit Pricing Code. 
C) The Franchising Code. 
D) All of the above. 
A) The Wheat Port Code. 
B) The Unit Pricing Code. 
C) The Franchising Code. 
D) All of the above.

Question 3

Which of the following is the definition of 'market' given by s 4E of the Competition and Consumer Act 2010 (Cth)?

Accepted Answer

A) An area of close competition between firms. 
B) A market in Australia for goods or services and other goods or services which can be substituted for the first mentioned goods and services. 
C) An area of actual and potential transactions between buyers and sellers amongst whom there can be strong rivalry. 
D) All of the above. 
A) An area of close competition between firms. 
B) A market in Australia for goods or services and other goods or services which can be substituted for the first mentioned goods and services. 
C) An area of actual and potential transactions between buyers and sellers amongst whom there can be strong rivalry. 
D) All of the above.

Question 4

The Competition and Consumer Act 2010 (Cth)strictly forbids monopolies.

Accepted Answer

A) True 
 B)False

Question 5

To establish a 'contract,arrangement or understanding' in breach of the Competition and Consumer Act 2010 (Cth),a plaintiff has to show evidence of:

Accepted Answer

A) Adoption of a particular course of action. 
B) The meeting of two or more minds. 
C) A plan of action. 
D) All of the above. 
A) Adoption of a particular course of action. 
B) The meeting of two or more minds. 
C) A plan of action. 
D) All of the above.

Question 6

What is the main reason for the practice of resale price maintenance?

Accepted Answer

A) Resale price maintenance is likely to increase demand for the product. 
B) Resale price maintenance is an advertising ploy. 
C) Discounting is perceived as anti-competitive. 
D) Discounting is perceived as detrimental to the market status of the product. 
A) Resale price maintenance is likely to increase demand for the product. 
B) Resale price maintenance is an advertising ploy. 
C) Discounting is perceived as anti-competitive. 
D) Discounting is perceived as detrimental to the market status of the product.

Question 7

Which of the following is NOT one of the constitutional heads of power on which the Competition and Consumer Act 2010 (Cth)is based?

Accepted Answer

A) The corporation's power. 
B) The overseas trade and commerce power. 
C) The trade or commerce within a territory power. 
D) The trade practices power. 
A) The corporation's power. 
B) The overseas trade and commerce power. 
C) The trade or commerce within a territory power. 
D) The trade practices power.

Question 8

An authorisation is a determination that the conduct is not contrary to the Act.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is the correct definition of the term: 'resale price maintenance'?

Accepted Answer

A) The supplier of goods recommends a price at which the retailer may sell their goods or services. 
B) The retailer of goods tries to impose a minimum price below which they will not purchase the goods from the supplier. 
C) The supplier of goods tries to impose a minimum price below which their goods or services are not to be sold. 
D) An agreement between the supplier and retailer that the goods will not be supplied to competitors of the retailer. 
A) The supplier of goods recommends a price at which the retailer may sell their goods or services. 
B) The retailer of goods tries to impose a minimum price below which they will not purchase the goods from the supplier. 
C) The supplier of goods tries to impose a minimum price below which their goods or services are not to be sold. 
D) An agreement between the supplier and retailer that the goods will not be supplied to competitors of the retailer.

Question 10

Which of the following is NOT an order that can be made under s 87 of the Competition and Consumer Act 2010 (Cth)?

Accepted Answer

A) An order varying a contract. 
B) An order declaring part of a contract void. 
C) An order directing the supply of services. 
D) An order divesting a party of shares. 
A) An order varying a contract. 
B) An order declaring part of a contract void. 
C) An order directing the supply of services. 
D) An order divesting a party of shares.

Question 11

Price fixing is:

Accepted Answer

A) allowed by the ACCC under limited circumstances,if it benefits the public. 
B) permitted if it benefits corporate interests. 
C) permitted as reality of the free market system. 
D) allowed where the parties have a written agreement to engage in such conduct. 
A) allowed by the ACCC under limited circumstances,if it benefits the public. 
B) permitted if it benefits corporate interests. 
C) permitted as reality of the free market system. 
D) allowed where the parties have a written agreement to engage in such conduct.

Question 12

Which of the following is NOT a remedy for breach of the provisions of a voluntary industry Code of Conduct?

Accepted Answer

A) Damages. 
B) A corrective advertising order. 
C) The granting of an injunction. 
D) A fine. 
A) Damages. 
B) A corrective advertising order. 
C) The granting of an injunction. 
D) A fine.

Question 13

The Commonwealth Government has limited the scope of the Competition and Consumer Act 2010 to situations that primarily involve:

Accepted Answer

A) intrastate trade and companies. 
B) intrastate trade only 
C) interstate trade and companies. 
D) interstate trade only 
A) intrastate trade and companies. 
B) intrastate trade only 
C) interstate trade and companies. 
D) interstate trade only

Question 14

'Deeming' means the conduct is prohibited without showing a negative impact from the conduct.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following bodies is primarily responsible for enforcing the Competition and Consumer Act 2010 (Cth)?

Accepted Answer

A) The Prices Surveillance Authority. 
B) The Australian Competition and Consumer Commission. 
C) The Australian Competition Tribunal. 
D) The Trade Practices Commission. 
A) The Prices Surveillance Authority. 
B) The Australian Competition and Consumer Commission. 
C) The Australian Competition Tribunal. 
D) The Trade Practices Commission.

Question 16

The concepts of 'market' and 'competition' are essential to the effective operation of the Competition and Consumer Act 2010 (Cth).

Accepted Answer

A) True 
 B)False

Question 17

In the context of the Competition and Consumer Act 2010 (Cth),which of the following statements has NOT been said about the term 'competition'?

Accepted Answer

A) Competition is a process rather than a situation. 
B) Competition is a mechanism for discovery of market information. 
C) Competition is a mechanism for discovery of the most successful businesses. 
D) Competition includes competition from imported goods. 
A) Competition is a process rather than a situation. 
B) Competition is a mechanism for discovery of market information. 
C) Competition is a mechanism for discovery of the most successful businesses. 
D) Competition includes competition from imported goods.

Question 18

What is the role and function of Australian Competition and Consumer Commission?

Accepted Answer

The role and function of the Australian

Question 19

The agreement in TPC v Email [1980] ATPR 40-172 was held not to be a price fixing agreement because:

Accepted Answer

A) The two manufacturers were in competition with each other. 
B) The parallel pricing was due to a meeting of minds. 
C) The parallel pricing was due to market forces. 
D) The two manufacturers had different pricing lists. 
A) The two manufacturers were in competition with each other. 
B) The parallel pricing was due to a meeting of minds. 
C) The parallel pricing was due to market forces. 
D) The two manufacturers had different pricing lists.

Question 20

Which of the following is an example of a misuse of power in breach of s 46 of the Competition and Consumer Act 2010 (Cth)?

Accepted Answer

A) The sole manufacturer of a product refuses to sell it other than at an excessively high price. 
B) A corporation acquires the assets of its only competitor in a market. 
C) A corporation requires purchasers of its products not to acquire goods from or supply goods to a competitor. 
D) Two corporations agree to refuse to acquire the goods of a third corporation. 
A) The sole manufacturer of a product refuses to sell it other than at an excessively high price. 
B) A corporation acquires the assets of its only competitor in a market. 
C) A corporation requires purchasers of its products not to acquire goods from or supply goods to a competitor. 
D) Two corporations agree to refuse to acquire the goods of a third corporation.

Exam 29: Competition Law

What is the constitutional basis for the Competition and Consumer Act 2010 (Cth)?

Which of the following is one of the mandatory industry codes prescribed under the Competition and Consumer Act 2010 (Cth)?

Which of the following is the definition of 'market' given by s 4E of the Competition and Consumer Act 2010 (Cth)?

The Competition and Consumer Act 2010 (Cth)strictly forbids monopolies.

To establish a 'contract,arrangement or understanding' in breach of the Competition and Consumer Act 2010 (Cth),a plaintiff has to show evidence of:

What is the main reason for the practice of resale price maintenance?

Which of the following is NOT one of the constitutional heads of power on which the Competition and Consumer Act 2010 (Cth)is based?

An authorisation is a determination that the conduct is not contrary to the Act.

Which of the following is the correct definition of the term: 'resale price maintenance'?

Which of the following is NOT an order that can be made under s 87 of the Competition and Consumer Act 2010 (Cth)?

Price fixing is:

Which of the following is NOT a remedy for breach of the provisions of a voluntary industry Code of Conduct?

The Commonwealth Government has limited the scope of the Competition and Consumer Act 2010 to situations that primarily involve:

'Deeming' means the conduct is prohibited without showing a negative impact from the conduct.

Which of the following bodies is primarily responsible for enforcing the Competition and Consumer Act 2010 (Cth)?

The concepts of 'market' and 'competition' are essential to the effective operation of the Competition and Consumer Act 2010 (Cth).

In the context of the Competition and Consumer Act 2010 (Cth),which of the following statements has NOT been said about the term 'competition'?

What is the role and function of Australian Competition and Consumer Commission?

The agreement in TPC v Email [1980] ATPR 40-172 was held not to be a price fixing agreement because:

Which of the following is an example of a misuse of power in breach of s 46 of the Competition and Consumer Act 2010 (Cth)?

Legal Foundations

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: the Law of Torts and Negligence

Applications of Negligence to Business

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Terms of the Contract

Rights and Liabilities of the Parties,discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goodsbusiness to Business

Property and Mortgages

Intellectual Property

Ethics and Business Practice

Criminal Law in a Business Context

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

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