Question 1

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. D

Question 2

A seller who supplies goods on condition that the buyer will not re-supply them to a third party is engaged in the practice of exclusive dealing.

Accepted Answer

A) True 
 B)False  True

Question 3

Two parties who agree to put pressure on a third party not to deal with a fourth party are engaged in a secondary boycott.

Accepted Answer

A) True 
 B)False  True

Question 4

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 5

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 6

A supplier who supplies goods to a retailer is allowed to recommend a selling price for those goods.

Accepted Answer

A) True 
 B)False

Question 7

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 8

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 9

When a bank insists that a borrower should insure the mortgaged property with an insurance company in which the bank has a substantial interest:

Accepted Answer

A)  The bank is engaged in 'third line forcing' in breach of s 47(6) of the Competition and Consumer Act 2010 (Cth). 
B)  The bank is engaged in a 'secondary boycott' in breach of s 45D of the Competition and Consumer Act 2010 (Cth). 
C)  The bank has entered into an 'exclusionary agreement' in breach of s 45 of the Competition and Consumer Act 2010 (Cth). 
D)  All of the above. 
A)  The bank is engaged in 'third line forcing' in breach of s 47(6) of the Competition and Consumer Act 2010 (Cth). 
B)  The bank is engaged in a 'secondary boycott' in breach of s 45D of the Competition and Consumer Act 2010 (Cth). 
C)  The bank has entered into an 'exclusionary agreement' in breach of s 45 of the Competition and Consumer Act 2010 (Cth). 
D)  All of the above.

Question 10

Only the Australian Competition Tribunal can make authorisations.

Accepted Answer

A) True 
 B)False

Question 11

The secondary boycott provisions are often used by employers as a means of settling industrial disputes.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is an example of a prohibited merger in breach of s 50 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.

Question 13

Which of the following Agreements signed by the Commonwealth, State and Territory Governments established the National Competition Council?

Accepted Answer

A)  The Conduct Code Agreement. 
B)  The Competition Principles Agreement. 
C)  The Agreement to Implement the National Competition Policy and Related Reforms. 
D)  All of the above 
A)  The Conduct Code Agreement. 
B)  The Competition Principles Agreement. 
C)  The Agreement to Implement the National Competition Policy and Related Reforms. 
D)  All of the above

Question 14

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 15

One of the functions of the ACCC is to provide assistance to the public by engaging in research, education of the public and the business community and by providing consumer guidance. Visit www.accc.gov.au and list the ways in which the ACCC provides 'consumer guidance.'

Accepted Answer

The questi

Question 16

Which of the following is NOT one of the functions of the Australian Competition and Consumer Commission?

Accepted Answer

A)  Hearing appeals from decisions to grant or revoke authorisations. 
B)  Educating the public and the business community by providing consumer guidance. 
C)  Administering and enforcing the Competition and Consumer Act 2010 (Cth). 
D)  Authorising otherwise prohibited restrictive trade practices. 
A)  Hearing appeals from decisions to grant or revoke authorisations. 
B)  Educating the public and the business community by providing consumer guidance. 
C)  Administering and enforcing the Competition and Consumer Act 2010 (Cth). 
D)  Authorising otherwise prohibited restrictive trade practices.

Question 17

Only corporations can be liable for breaches of the Competition and Consumer Act 2010 (Cth).

Accepted Answer

A) True 
 B)False

Question 18

'Vertical price fixing' includes an agreement to fix, control or maintain price, made between:

Accepted Answer

A)  Competing businesses at the same level of business activity. 
B)  Manufacturer or wholesaler and retailer. 
C)  Retailer and retailer. 
D)  Buyers. 
A)  Competing businesses at the same level of business activity. 
B)  Manufacturer or wholesaler and retailer. 
C)  Retailer and retailer. 
D)  Buyers.

Question 19

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 20

'Horizontal price fixing' is an agreement to fix, control or maintain price, made between:

Accepted Answer

A)  Competing businesses at the same level of business activity. 
B)  Supplier and retailer. 
C)  Manufacturer and customer. 
D)  Seller and buyer. 
A)  Competing businesses at the same level of business activity. 
B)  Supplier and retailer. 
C)  Manufacturer and customer. 
D)  Seller and buyer.

Exam 31: Restrictive trade practices

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

A seller who supplies goods on condition that the buyer will not re-supply them to a third party is engaged in the practice of exclusive dealing.

Two parties who agree to put pressure on a third party not to deal with a fourth party are engaged in a secondary boycott.

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

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

A supplier who supplies goods to a retailer is allowed to recommend a selling price for those goods.

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

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

When a bank insists that a borrower should insure the mortgaged property with an insurance company in which the bank has a substantial interest:

Only the Australian Competition Tribunal can make authorisations.

The secondary boycott provisions are often used by employers as a means of settling industrial disputes.

Which of the following is an example of a prohibited merger in breach of s 50 of the Competition and Consumer Act 2010 (Cth)?

Which of the following Agreements signed by the Commonwealth, State and Territory Governments established the National Competition Council?

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

One of the functions of the ACCC is to provide assistance to the public by engaging in research, education of the public and the business community and by providing consumer guidance. Visit www.accc.gov.au and list the ways in which the ACCC provides 'consumer guidance.'

Which of the following is NOT one of the functions of the Australian Competition and Consumer Commission?

Only corporations can be liable for breaches of the Competition and Consumer Act 2010 (Cth).

'Vertical price fixing' includes an agreement to fix, control or maintain price, made between:

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

'Horizontal price fixing' is an agreement to fix, control or maintain price, made between:

Legal Foundations

Origins of Australian Law

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

Agency

Introduction to Companies and Incorporated Associations

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goods

Electronic commerce

Property and mortgages

Intellectual propert

Ethics and business practice

Criminal law in a business context

Negotiable instruments

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

Consumer Credit and Privacy

Ethics and Regulations in Marketing and Advertising

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