Practice Expertise
- Competition and market regulation
Areas of Practice
- Competition and market regulation
Profile
I work with clients to assess and respond to regulatory risk, particularly under Australia's competition and consumer protection regimes. I am recognised for providing practical and strategic advice to clients dealing with regulators – to manage risks and achieve commercial objectives. Clients often look to me to assist them in responding to inquiries from regulators. This includes sensitive ACCC cartel investigations, complex consumer protection matters, and inquiries into the dynamics of markets.
I enjoy helping clients to achieve their commercial objectives. This includes obtaining competition clearance for complex transactions, structuring agreements to avoid risks, and reviewing consumer arrangements to deliver customer focused outcomes.
I work with clients across a broad range of industries, with a particular focus on financial services, telecommunications, health and pharmaceuticals, consumer goods and aviation. Both Doyle's Guide and Legal 500 have independently recognised my skills as a competition and regulatory specialist.
Career highlights
Managing complex regulatory investigations including:
- Commonwealth Bank of Australia on long running investigations (ASIC and ACCC) and ASIC enforcement action concerning foreign exchange trading activity and alleged benchmark interest rate manipulation (bank bill swap rate)
- Insurance Australia Group in relation to the ACCC's multi-year inquiry into the supply of building, contents and strata insurance in northern Australia
- SingTel Optus in relation to various regulatory matters including ACCC investigations concerning customer speeds in respect of NBN internet services
- Commercially sensitive investigations including:
- ACCC investigations regarding potential instances of cartel conduct and other anti-competitive arrangements
- Inquiries by regulators including foreign antitrust authorities, ASIC and the Australian Communications & Media Authority
Advising on competition issues in relation to high profile transactions including:
- oOhmedia!'s $570 million acquisition of competitor HT&E Limited's out-of-home advertising business, Adshel
- Urbanest in relation to the $2 billion sale of its student accommodation portfolio to Scape
- dnata, part of the Emirates Group, in relation to its acquisition of Qantas' catering businesses
- Singtel Optus' interests in relation to litigation concerning the merger of TPG Telecom and Vodafone Hutchison Australia
Managing competition and regulatory issues to achieve commercial outcomes including:
- International Air Transport Association regarding the design and implementation of a program to modernise its global Passenger Agency Program
- Regulators and regulated entities operating under complex statutory frameworks, including essential services such as water and electricity
Areas of Practice
- Competition and market regulation
Professional Career
Articles
- Making waves – unfair terms regime extends beyond Australia
A recent High Court decision clarifies the extraterritorial reach of the unfair terms regime outside Australia and that a class action waiver term is unfair.
- Greenwashing enforcement | ACCC launches court action over ocean plastic claims
The ACCC has commenced greenwashing proceedings in the Federal Court against a manufacturer of kitchen and garbage bags alleging the manufacturer deprived consumers of the opportunity to make informed purchasing decisions.
- Property, software and the ACCC's fight for merger reform
The ACCC continues to prosecute its case for substantial changes to Australia's merger control regime, including through transactions it is subjecting to formal public review.
- Brave new world: Mandatory merger control in Australia
Following a lengthy advocacy campaign by the ACCC, public debate and consultation the Australian government has introduced legislation into parliament to overhaul the merger control regime
- The price is right? Consumer and competition trends in pricing
Emerging competition and consumer trends in pricing practices
- Australian Merger Control: Change in uncertain times
With the Australian competition regulator calling for reform and a renewed focus on big tech and international collaboration, change is on its way for Australia's merger control regime. What does this mean for investors and transactions?
- Government announces sweeping reforms to merger control law in Australia
The Treasurer has announced reforms to Australia's merger control regime, described as the biggest changes to Australian merger control law in 50 years. The package will have a significant impact on how parties seek merger approval.
- ACCC loses first contested criminal cartel case
The ACCC has recorded a historic loss in the first criminal cartel case to run to trial in Australia. It is, however, a reminder of the impact (time, cost, stress) of regulatory investigations.
- ACCC proposes sweeping changes to Australia's merger control regime
The ACCC has announced long-awaited proposals for sweeping reform of Australia's merger control regime. These include mandatory notification and standstill obligations that it says are needed in order to restore and maintain effective competition in Australia.
- Government unveils much anticipated draft merger control thresholds
Details of the proposed merger notification thresholds include both monetary and market concentration thresholds, and a proposed waiver mechanism.
- Sustainability collaboration under competition law
The NZCC has released guidelines on the application of competition law to collaboration on sustainability initiatives. We hope for something more, but expect similar from the ACCC in 2024.
- Beefed up unfair contract terms regime to commence next year
The Australian Consumer Law's unfair contract terms (UCT) regime will dramatically change in November 2023, following the passing of the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) (Amending Act).
- ACCC spot check of contracts reveals UCT concerns
The ACCC raises concerns about franchising sector's compliance with the unfair contract terms (UCT) regime and warns of legal action.
- ACCC 2022/23 Priorities | The green light to target greenwashing
The ACCC has announced its 2022/23 enforcement priorities including a focus on a key risk – mising environmental and sustainability claims.
- ACCC warns over greenwashing and sustainability claims
Businesses should prepare by reviewing and seeking advice in relation to their sustainability and environmental claims.
- Starter gun fired on merger reforms in Australia
After a lengthy ACCC advocacy campaign, Australia's new Competition Taskforce begins a consultation process on potentially wide reaching reforms to Australia's merger control regime.
- Sustainability initiatives: Collaboration or cartel?
The ACCC has followed other antitrust regulators by taking steps to ensure that competition law does not inadvertently hamper collaboration directed at delivering sustainability-driven outcomes.
- Risky business – Australia’s competition and consumer laws set to shift
Two major reforms to Australia's competition and consumer laws are on their way, following the passing of the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (Bill) by both Houses of Parliament on 27 October 2022.
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