Bruce Lloyd's practice comprises two complementary areas of specialisation: competition and corporate advisory.

Bruce advises both private and public sector organisations on competition law aspects of mergers and acquisitions, restrictive trade practices, including cartel conduct, access issues and consumer protection issues under the Competition and Consumer Act 2010.

Bruce also advises in relation to commercial aspects of acquisitions and disposals, joint venture and reseller arrangements; access agreements; telecommunications procurement contracts; customer contracts; privacy issues; dealer; distribution and franchise arrangements, as well as on regulatory issues and general commercial advice.

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Expertise

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Competition

NBN Co: Key client adviser in relation to strategic aspects of the project to date, including Optus HFC Agreement, second chair counsel on Telstra Definitive Agreements; assisting in authorisation of Optus and Telstra deals; acquisition of spectrum from Austar; Wholesale Broadband Agreement for fibre products; Wireless Trial Agreement; Interim Satellite Services Agreement; Contract Development Process for long-term WBA; implementation of new network architecture and introduction of new products.

AAPT Limited/Telecom New Zealand:
Principal adviser on corporate and commercial matters in Australia for 9 years to Australia's third largest full service fixed line, mobile and broadband service provider, including commercial agreements, more than 30 acquisitions and joint venture arrangements, telecommunications regulatory issues; competition and consumer matters; interconnection agreements; MVNO with Vodafone; CDMA mobile network rollout agreements; spectrum acquisition and disposal; customers terms and conditions; distribution and dealer agreements; wholesale customer arrangements; managed service supply agreements and joint venture with AOL and Seven Network.

Virgin Mobile Australia: Principal client adviser for 5 years prior to becoming Optus subsidiary; full service corporate advisory, contracts; competition and consumer matters; advertising clearance; defence of ACCC proceedings for misleading and deceptive advertising; advertising clearance; mobile terminating access inquiry; commercial and contractual advice.

Vodafone Australia and VHA: Acting competition and consumer matters for retail division on setup in Australia (Vodac); and white label wholesale arrangements (VHA).

Korean Air Lines Co Limited: Advising in relation to what is reported to be the world's largest cartel investigation, involving co-ordinated investigations by anti-trust agencies in several major jurisdictions in relation to air freight services.

Railway operator: Advising in relation essential facilities access in the rail industry under Federal and State law; access disputes with access providers and access seekers; market power proceedings in relation to management and control of rail terminals; submissions to regulatory reviews at State and Federal Government level; arbitration in relation to declaration of essential rail services; joint ventures and merger clearance work with the ACCC.

Fuel, industrial and specialty gases: Acquisition of major Australian fuel, industrial and speciality gases business and negotiated agreed divestment remedy including hold separate and audit undertakings.

Shipping Line: Advising one of the world's largest shipping lines in its cargo category on strategic entry into long-term port infrastructure concession with a State Government, including terms and conditions of supply, access and ACCC clearance.

Nexans SA: Advising one of world's top energy, communications and transportation cable companies on ACCC enforcement litigation.

Penalty proceedings - ACCC defence work: Advising in Part IV penalty proceedings in relation to price fixing, boycotts or market power, including respondents in:

  • cartel conduct in air cargo.
  • cartel conduct in financial services sector relating to indices.
  • cartel conduct in high voltage cables.
  • cartel conduct in automotive components
  • cartel conduct in stevedoring services.
  • price fixing in A4 copy paper.
  • price fixing; market rigging in express freight.
  • price fixing in roofing products.
  • misuse of market power, exclusive dealing; collusion in recorded music.
  • price fixing and bid rigging in electrical power transformers.
  • price fixing in milk products.

Toll/Patrick/Asciano: Acting for five corporate respondents in pecuniary penalty proceedings brought by ACCC involving alleged anticompetitive conduct and joint venture arrangements in automotive and general terminals and stevedoring in 5 major ports of Australia.

Jaguar Land Rover Australia; Ferrari Australasia; Porsche Cars Australia; Volkswagen Group Australia Pty Ltd; Audi Australia: corporate advisory; contract and commercial; dealership, franchise and compliance work.

Access and competition law aspects of major infrastructure projects including telecommunications projects (NBN Co) and the Commonwealth in relation to the airport infrastructure development (Badgery's Creek); and maritime ports and rail (Toll/Patrick/Asciano).

See Competition

Australian Consumer Law

AAPT Limited/Telecom New Zealand: Principal adviser on corporate and commercial matters in Australia for 9 years to Australia's third largest full service fixed line, mobile and broadband service provider, including commercial agreements, more than 30 acquisitions and joint venture arrangements, telecommunications regulatory issues; competition and consumer matters; interconnection agreements; MVNO with Vodafone; CDMA mobile network rollout agreements; spectrum acquisition and disposal; customers' terms and conditions; distribution and dealer agreements; wholesale customer arrangements; managed service supply agreements and joint venture with AOL and Seven Network.

Virgin Mobile Australia: Principal client adviser for 5 years prior to becoming Optus subsidiary; full service corporate advisory, contracts; competition and consumer matters; advertising clearance; defence of ACCC proceedings for misleading and deceptive advertising; advertising clearance; mobile terminating access inquiry; commercial and contractual advice.

Prepaid calling card services: Acting for Australia's largest  pre-paid calling card carriage service provider in relation to investigations and enforcement by ACCC, ACMA, Department of Justice, Victoria and in private party disputes relating to alleged misleading and deceptive conduct and other alleged consumer protection breaches.

Vodafone Australia and VHA: Acting competition and consumer matters for retail division on setup in Australia (Vodac); and white label wholesale arrangements (VHA).

Financial services sector: advising major sector participant in relation to large scale regulatory investigations of conduct in the financial services sector under Competition and Consumer Act, Corporations Act and ASIC Act.

See Australian Consumer Law

Enforcement and Cartels

Virgin Mobile Australia: Principal client adviser for 5 years prior to becoming Optus subsidiary; full service corporate advisory, contracts; competition and consumer matters; advertising clearance; defence of ACCC proceedings for misleading and deceptive advertising; advertising clearance; mobile terminating access inquiry; commercial and contractual advice.

Prepaid calling card services: Acting for Australia's largest pre-paid calling card carriage service provider in relation to investigations and enforcement by ACCC, ACMA, Department of Justice, Victoria and in private party disputes relating to alleged misleading and deceptive conduct and other alleged consumer protection breaches.

Financial services sector: advising major sector participant in relation to large scale regulatory investigations of conduct in the financial services sector under Competition and Consumer Act, Corporations Act and ASIC Act.

Korean Air Lines Co Limited: Advising in relation to what is reported to be the world's largest cartel investigation, involving co-ordinated investigations by anti-trust agencies in several major jurisdictions in relation to air freight services.

Nexans SA: Advising one of world's top energy, communications and transportation cable companies on ACCC enforcement litigation.

Penalty proceedings - ACCC defence work: Advising in Part IV penalty proceedings in relation to price fixing, boycotts or market power, including respondents in:

  • cartel conduct in air cargo.
  • cartel conduct in financial services sector relating to indices.
  • cartel conduct in high voltage cables.
  • cartel conduct in automotive components
  • cartel conduct in stevedoring services.
  • price fixing in A4 copy paper.
  • price fixing; market rigging in express freight.
  • price fixing in roofing products.
  • misuse of market power, exclusive dealing; collusion in recorded music.
  • price fixing and bid rigging in electrical power transformers.
  • price fixing in milk products.

Toll/Patrick/Asciano: Acting for five corporate respondents in pecuniary penalty proceedings brought by ACCC involving alleged anticompetitive conduct and joint venture arrangements in automotive and general terminals and stevedoring in 5 major ports of Australia.

See Enforcement and Cartels

Infrastructure Access and Regulation

NBN Co: Key client adviser in relation to strategic aspects of the project to date, including Optus HFC Agreement, second chair counsel on Telstra Definitive Agreements; assisting in authorisation of Optus and Telstra deals; acquisition of spectrum from Austar; Wholesale Broadband Agreement for fibre products; Wireless Trial Agreement; Interim Satellite Services Agreement; Contract Development Process for long-term WBA; implementation of new network architecture and introduction of new products.

AAPT Limited/Telecom New Zealand: Principal adviser on corporate and commercial matters in Australia for 9 years to Australia's third largest full service fixed line, mobile and broadband service provider, including commercial agreements, more than 30 acquisitions and joint venture arrangements, telecommunications regulatory issues; competition and consumer matters; interconnection agreements; MVNO with Vodafone; CDMA mobile network rollout agreements; spectrum acquisition and disposal; customers' terms and conditions; distribution and dealer agreements; wholesale customer arrangements; managed service supply agreements and joint venture with AOL and Seven Network.

Railway operator: Advising in relation essential facilities access in the rail industry under Federal and State law; access disputes with access providers and access seekers; market power proceedings in relation to management and control of rail terminals; submissions to regulatory reviews at State and Federal Government level; arbitration in relation to declaration of essential rail services; joint ventures and merger clearance work with the ACCC.

Shipping Line: Advising one of the world's largest shipping lines in its cargo category on strategic entry into long-term port infrastructure concession with a State Government, including terms and conditions of supply, access and ACCC clearance.

Access and competition law aspects of major infrastructure projects including telecommunications projects (NBN Co) and the Commonwealth in relation to the airport infrastructure development (Badgery's Creek); and maritime ports and rail (Toll/Patrick/Asciano).

See Infrastructure Access and Regulation

Merger and Acquisition Clearance

Railway operator: Advising in relation essential facilities access in the rail industry under Federal and State law; access disputes with access providers and access seekers; market power proceedings in relation to management and control of rail terminals; submissions to regulatory reviews at State and Federal Government level; arbitration in relation to declaration of essential rail services; joint ventures and merger clearance work with the ACCC.

Fuel, industrial and specialty gases: Acquisition of major Australian fuel, industrial and speciality gases business and negotiated agreed divestment remedy including hold separate and audit undertakings.

Shipping Line: Advising one of the world's largest shipping lines in its cargo category on strategic entry into long-term port infrastructure concession with a State Government, including terms and conditions of supply, access and ACCC clearance. 

See Merger and Acquisition Clearance

Telecommunications, Media and Technology

Optus: advising in relation to business transformation project and corporate reorganisation consequences under statute and contract and implementation of proposed structural changes; advising in relation proposed strategic review of the satellite business.

NBN Co: Key client adviser in relation to strategic aspects of the project to date, including Optus HFC Agreement, second chair counsel on Telstra Definitive Agreements; assisting in authorisation of Optus and Telstra deals; acquisition of spectrum from Austar; Wholesale Broadband Agreement for fibre products; Wireless Trial Agreement; Interim Satellite Services Agreement; Contract Development Process for long-term WBA; implementation of new network architecture and introduction of new products.

AAPT Limited/Telecom New Zealand: Principal adviser on corporate and commercial matters in Australia for 9 years to Australia's third largest full service fixed line, mobile and broadband service provider, including commercial agreements, more than 30 acquisitions and joint venture arrangements, telecommunications regulatory issues; competition and consumer matters; interconnection agreements; MVNO with Vodafone; CDMA mobile network rollout agreements; spectrum acquisition and disposal; customers terms and conditions; distribution and dealer agreements; wholesale customer arrangements; managed service supply agreements and joint venture with AOL and Seven Network.

Virgin Mobile Australia: Principal client adviser for 5 years prior to becoming Optus subsidiary; full service corporate advisory, contracts; competition and consumer matters; advertising clearance; defence of ACCC proceedings for misleading and deceptive advertising; advertising clearance; mobile terminating access inquiry; commercial and contractual advice.

Prepaid calling card services: Acting for Australia's largest  pre-paid calling card carriage service provider in relation to investigations and enforcement by ACCC, ACMA, Department of Justice, Victoria and in private party disputes relating to alleged misleading and deceptive conduct and other alleged consumer protection breaches.

Vodafone Australia and VHA: Acting competition and consumer matters for retail division on setup in Australia (Vodac); and white label wholesale arrangements (VHA).

Nexans SA: Advising one of world's top energy, communications and transportation cable companies on ACCC enforcement litigation.

Access and competition law aspects of major infrastructure projects including telecommunications projects (NBN Co) and the Commonwealth in relation to the airport infrastructure development (Badgery's Creek); and maritime ports and rail (Toll/Patrick/Asciano).

See Telecommunications, Media and Technology

International Trade

See International Trade

Anti-dumping and Importation

See Anti-dumping and Importation

Knowledge

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