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Competition
MSD Australia: acted for MSD in Federal Court proceedings against BMS alleging misuse of market power in excluding Keytruda patients from a subsidised Stage IV melanoma treatment program, settled on the basis that BMS open its program to all patients and MSD to contribute some program funding.
Woolworths: competition and consumer advice for over 20 years ranging from ACCC merger clearance (eg acquisition of a 65% stake in PFD Food Services), to enforceable undertakings (eg fuel discounts and lease provisions) and Federal Court proceedings (eg ACCC v Colgate & Ors; ACCC v Informed Sources & Ors; ACCC v Woolworths).
Multinational pharmaceutical company: competition and consumer advice ranging from ACCC merger clearance to patents and competition issues to joint ventures, distribution, and agency agreements to consumer protection issues.
nbn: competition and consumer advice including ACCC review of nbn's foundation arrangements with Telstra, ACCC authorisation of its arrangements with Optus and ACCC clearance of its proposal to acquire parts of the Optus Hybrid fibre-coaxial (HFC) network; acquisition of the services arm of ASX-listed satellite company Speedcast International; and ACCC section 87B enforceable undertakings.
Humm: acted for Flexigoup (now Humm) in Australian Competition Tribunal proceedings to authorise an industry code in the new energy technology and finance sectors.
Singtel Optus: competition and consumer advice including ACCC clearance of its AU$250 million acquisition of the mobile virtual network operator business of Amaysim Australia; three separate ACCC enforcement and penalty proceedings; and successfully defending, and bringing, three separate proceedings against Telstra in as many years in relation to advertising claims.
See Competition
Australian Consumer Law
iSelect: acted in ACCC Federal Court litigation in relation to iSelect's energy business, which alleged false or misleading conduct and challenged its algorithm operation (settled).
Singtel Optus: three separate ACCC enforcement proceedings; successfully defending, and bringing, three separate proceedings against Telstra in as many years in relation to advertising claims; section 87B enforceable undertaking concerning prepaid mobile products.
Virgin Australia: consumer issues in the context of the COVID-19 pandemic and insolvency of the Virgin Australia Group and conditional credit policy endorsed by the Federal Court.
nbn: section 87B enforceable undertakings concerning disconnection communications.
EnergyAustralia: ACCC and AER Federal Court penalty proceedings for breaches of the Competition & Consumer Act and National Energy Retail Law (settled).
Electronic Arts: section 87B enforceable undertaking concerning statutory consumer guarantees.
See Australian Consumer Law
Infrastructure Access and Regulation
nbn: ACCC review of nbn's foundation arrangements with Telstra, authorisation of its arrangements with Optus, arrangements with Telstra, ACCC authorisation of its arrangements with Optus, ACCC clearance of its proposal to acquire parts of the Optus Hybrid fibre-coaxial (HFC) network, aspects of its Special Access Undertaking.
Confidential: ACCC's Regional Mobile Infrastructure Inquiry 2022-23 and the parliamentary inquiry into Mobile infrastructure services across regional Australia and co investment in regional mobile carrier infrastructure.
North East Gas Interconnector Project: advised the NT Government / Power & Water Corporation on competition aspects of the 622km pipeline linking Australia's northern and eastern gas markets.
SA North South Corridor: aspects of the North-South Corridor project, identified as one of Adelaide’s most important transport corridors in the South Australian Planning Strategy including the 30 Year Plan for Greater Adelaide, the Strategic Infrastructure Plan for SA and the Integrated Transport and Land Use Plan.
Vic Government: infrastructure procurement and tender processes.
Sydney Water Corporation: competition and economic regulatory advice, including declaration of network services, Australian Competition Tribunal proceedings and ACCC pricing arbitration.
See Infrastructure Access and Regulation
Merger Clearance
Dye & Durham: ACCC clearance with remedies of Canadian software and technology company Dye & Durham's proposed takeover of ASX listed Link Administration Holdings Limited.
Woolworths: numerous ACCC clearances including: Woolworths' acquisition of a 65% stake in PFD Food Services, cleared by the ACCC after a public and protracted Phase 2 review into potential buyer power issues in grocery acquisition markets; Woolworths' retail media business, Cartology's, acquisition of 100% of the equity in Shopper, a digital out of home media company; Woolworths proposed sale of its retail fuel business to BP, sale to EG Australia; multiple single store and site acquisitions.
Nuance Communications Inc: local competition counsel for ACCC clearance of transcription software company Nuance US$19.7 billion sale to Microsoft.
Slack Technologies: local competition counsel for Slack on the merger of Salesforce, global leader in customer relationship management, and Slack, an open-business communications and collaboration platform. The transaction had a total enterprise value of approximately US$27.9 billion, unconditionally cleared by the ACCC.
AMD: local competition counsel for semiconductor designer Advanced Micro Devices Inc on its purchase of Xilinx Inc in a record chip industry deal valued at about US$50 billion.
Westpac: competition aspects of the sale of its motor vehicle dealer finance and novated leasing businesses to Angle Finance, a portfolio company of private equity firm Cerebrus Capital Management.
Newcastle Permanent Building Society: competition aspects of its merger with Greater Bank Limited, creating the new merged entity Newcastle Greater Mutual Group Ltd.
Thyssenkrupp: Local competition counsel advising Thyssenkrupp on the sale of its Mining Technologies business unit to the Danish company FLSmidth.
Gebr Knauf AG: competition adviser on a series of divestment transactions following ACCC clearance of its USD$7 billion acquisition of American building products producer USG Corporation (USG)and an indirect interest (50%) in a joint venture operating in Australia and associated with a well-known Australian brand (Boral) and acquisition of Armstrong World Industries.
London Stock Exchange Group plc (LSEG): local competition counsel for LSEG in securing ACCC clearance of its proposed acquisition of Refinitiv Parent Limited for a total enterprise value of approximately USD$27 billion.
Vossloh: ACCC clearance of acquisition by Vossloh AG, a German rail technology company, of its acquisition of Austrak, a fully owned subsidiary of Laing O'Rourke.
Singtel Optus: acquisition of the mobile virtual network operator business of Amaysim Australia.
North East Gas Interconnector Project: advised the NT Government / Power & Water Corporation on competition aspects of the 622km pipeline linking Australia's northern and eastern gas markets.
Eli Lilly: local competition counsel on ACCC implications of the US$5.4 billion acquisition of Novartis AG's animal health division which created the world's second-largest animal health company. Matter of the Year at the 5th annual Global Competition Review awards in Washington DC in 2016.
HT&E: series of transactions in the media/entertainment/advertising sector culminating in oOh!Media acquisition of Adshel.
nbn: ACCC review of nbn's foundation arrangements with Telstra, ACCC authorisation of its arrangements with Optus and ACCC clearance of its proposal to acquire parts of the Optus Hybrid fibre-coaxial (HFC) network; acquisition of the services arm of ASX-listed satellite company Speedcast International.
See Merger Clearance
Competition law enforcement, cartels and dawn raids
Swift Networks: acting in proceedings brought by the ACCC in the Federal Court of Australia alleging cartel conduct in the supply of technology infrastructure to certain Pilbara mining village sites.
Confidential: advising on ACMA investigation into potential Spam Act breaches.
Confidential: advising on various regulator inquiries relating to a data breach.
iSelect: acted in ACCC Federal Court litigation in relation to iSelect's energy business, which alleged false or misleading conduct and challenged its algorithm operation (settled).
Confidential: advised in relation to ACMA investigation into Spam Act breaches and administrative resolution by way of infringement notice and enforceable undertaking.
Confidential: advice to third party concerning ACCC misuse of market power proceedings against Mastercard.
Confidential: acted for a third party in the ACCC's investigation and subsequent proceedings against BlueScope alleging attempts to induce steel price fixing agreements with distributors.
Confidential: advice to third party in relation to ACCC exclusive dealing proceedings against Peters Ice Cream.
Confidential: acted in an investigation into whether an offshore settlement of patent litigation was implemented in Australia and if so whether it breached the Australian competition laws.
nbn: acted in relation to section 87B enforceable undertakings concerning disconnection communications and proposed variations pursuant to the substantial adverse events clause in the commercial arrangements between nbn and Telstra.
EnergyAustralia: acted in ACCC and AER Federal Court penalty proceedings for breaches of the Competition & Consumer Act and National Energy Retail Law (settled).
Electronic Arts: acted in relation to enforceable section 87B undertaking concerning statutory consumer guarantees.
Woolworths: acted for Woolworths in ACCC proceedings concerning the interpretation of a section 87B enforceable undertaking (with parallel proceedings against Coles).
Singtel Optus: acted in settling three ACCC enforcement and penalty actions.
Singtel Optus: acted in relation to section 87B enforceable undertaking concerning prepaid product inclusions.
Woolworths: acted in ACCC Federal Court proceedings against Colgate-Palmolive Pty Ltd, PZ Cussons Australia Pty Ltd and Woolworths, alleging exclusionary and anti-competitive conduct in the laundry category (settled).
Woolworths: acted in ACCC Federal Court proceedings against Informed Sources and major petrol retailers (BP, Caltex, Woolworths, Coles Express and 7-Eleven) alleging anti-competitive conduct in relation to a petrol price information service, described at the time as "landmark legal action against most of the nation’s petrol retailers". The ACCC discontinued the proceedings following enforceable undertakings given by the respondents.
Woolworths: acted in relation to section 87B enforceable undertaking concerning fuel discounts (with parallel undertaking by Coles) and subsequent ACCC proceedings about section 87B undertaking interpretation; section 87B enforceable undertaking concerning removal of certain provisions from shopping centre supermarket leases (with parallel undertakings by Coles, Metcash, Aldi, Supabarn and SPAR).
See Competition law enforcement, cartels and dawn raids
Pharmaceutical and Medical Devices
MSD Australia: acted for MSD in Federal Court proceedings against BMS alleging misuse of market power in excluding Keytruda patients from a subsidised Stage IV melanoma treatment program, settled on the basis that BMS open up its program and MSD to contribute some program funding.
Multinational pharmaceutical company: key competition adviser for over 15 years ranging from ACCC merger clearance to advice on patents and competition issues, joint ventures, distribution, commercialisation, reseller and agency agreements to consumer protection issues.
Multinational pharmaceutical company: competition advice on combination therapies comprising components supplied by each competitor, an emerging issue involving the intersection between the PBS regulatory scheme and the competition laws.
Confidential: acted in an investigation into whether an offshore settlement of patent litigation was implemented in Australia and, if so, whether it breached the Australian competition laws.
Confidential: acted for buyer securing ACCC clearance of an acquisition of portfolio of acute care hospitals and day centres.
Eli Lilly: local competition counsel on ACCC implications of the US$5.4 billion acquisition of Novartis AG's animal health division which created the world's second-largest animal health company. Matter of the Year at the 5th annual Global Competition Review awards in Washington DC in 2016.
See Pharmaceutical and Medical Devices
Water
Hunter Water Corporation: Competition and Consumer Act and Water Industry Competition Act (WICA).
Confidential private sector operator: competition aspects of water offtake agreements.
North East Gas Interconnector Project: advised the NT Government / Power & Water Corporation on competition aspects of the 622km pipeline linking Australia's northern and eastern gas markets.
Sydney Water Corporation: competition and economic regulatory advice including declaration of network services, Australian Competition Tribunal proceedings and ACCC pricing arbitration.
Barangaroo Development Authority: advised on licensing requirements under the Water Industry Competition Act 2006 (WICA).
See Water
Energy and Resources
Swift Networks: acting in proceedings brought by the ACCC in the Federal Court of Australia alleging cartel conduct in the supply of technology infrastructure to certain Pilbara mining village sites.
Thyssenkrupp: Local competition counsel advising Thyssenkrupp on the sale of its Mining Technologies business unit to the Danish company FLSmidth.
North East Gas Interconnector Project: advised the NT Government / Power & Water Corporation on competition aspects of the 622km pipeline linking Australia's northern and eastern gas markets.
NSW, Vic and Tas: competition aspects of Container Deposit Schemes.
NSW Government: competition aspects of biodiversity offsets scheme.
Southern Sydney Regional Organisation of Councils Incorporated: competition input into legislative and policy review of Australian and international waste and resource recovery law relating to NSW's 20 Year NSW Waste Strategy.
Confidential: competition advice on incorporated and unicorporated joint venture structures and joint marketing, a contentious issue raised in the ACCC's Gas Inquiry Reports
Confidential: competition advice on green energy project planning and implementation.
Jemena: Advised on JGN NSW gas networks access arrangement for the period 1 July 2010 to 30 June 2015, the introduction of the Short Term Trading Market and Reference Services Agreement.
EnergyAustralia: acted in ACCC and AER Federal Court penalty proceedings for breaches of the Competition & Consumer Act and National Energy Retail Law (successfully settled).
Confidential: advised on AER investigation of possible rule breaches and potential insider trading considerations (no action taken).
TRUenergy (now EnergyAustralia): acted in a gas supply interruption dispute under the wholesale gas market rules including dispute resolution panel and Supreme Court judicial review proceedings.
National Competition Council: range of declaration recommendation and Australian Competition Tribunal proceedings involving third party access to: gas pipelines including the Eastern Gas Pipeline, Moomba to Sydney Pipeline, Moomba to Adelaide pipeline, Parmelia pipeline, electricity services and railway services, the interpretation of "uneconomic to develop" and "promotion of competition" and policy submissions about reform to the National Gas Code.
See Energy and Resources
Government Services
NSW Government: competition aspects of the biodiversity offsets scheme
NSW, Vic, Tas Governments: competition aspects of Container Deposit Schemes
North East Gas Interconnector Project: advised the NT Government / Power & Water Corporation on competition aspects of the 622km pipeline linking Australia's northern and eastern gas markets
Hunter Water Corporation: Competition and Water Industry Competition Act advice.
NSW Government: transfer of ANZ Stadium to NSW Government.
Sydney Water Corporation: competition and economic regulatory advice to Sydney Water for many years, including declaration of network services and Australian Competition Tribunal proceedings and ACCC pricing arbitration.
National Competition Council: advised on a range of declaration recommendation and Australian Competition Tribunal proceedings involving third party access to gas pipelines, electricity services and railway services, the interpretation of "uneconomic to develop" and "promotion of competition" and policy submissions about reform to the National Gas Code.
See Government Services
Digital Economy
Confidential: ongoing advice on the ACCC's Digital Platforms Services Inquiry including:
- March 2022 Interim Report examining potential competition and consumer issues in the provision of general online retail marketplaces to consumers in Australia;
- September 2022 Interim Report, recommending a range of new measures to address harms from digital platforms to Australian consumers, small businesses and competition; and
- September 2023 Interim Report which will consider potential competition and consumer issues and benefits from the expanding ecosystems of digital platform providers in Australia.
Confidential: advice on Treasury's consultation on Digital Platforms – Consultation on Regulatory Reforms.
Dye & Durham: ACCC clearance of Canadian software and technology company Dye & Durham's proposed takeover of ASX listed Link Administration Holdings Limited with remedies.
Nuance Communications Inc: local competition counsel for transcription software company Nuance US$19.7 billion sale to Microsoft.
Slack Technologies: local competition counsel for Slack on the merger of Salesforce, global leader in customer relationship management, and Slack, an open-business communications and collaboration platform. The transaction had a total enterprise value of approximately US$27.9 billion, unconditionally cleared by the ACCC.
AMD: local competition counsel for semiconductor designer Advanced Micro Devices Inc on its purchase of Xilinx Inc in a record chip industry deal valued at about US$50 billion.
Confidential: advising on ACMA investigation into potential Spam Act breaches.
Confidential: advising on various regulator inquiries relating to a data breach.
Confidential: advised in relation to ACMA investigation into Spam Act breaches and administrative resolution by way of infringement notice and enforceable undertaking.
Confidential: advice to third party concerning ACCC proceedings against Mastercard alleging misuse of market power in the supply of debit card acceptance services.
iSelect: acted in ACCC Federal Court litigation in relation to iSelect's energy business, which alleged false or misleading conduct and challenged iSelect's algorithm operation (settled).
Electronic Arts: section 87B enforceable undertaking concerning statutory consumer guarantees.
Cartology: advised Woolworths' retail media business, Cartology, on its acquisition of 100% of the equity in Shopper, a digital out of home media company.
HT&E: competition advice on a series of transactions in the media/entertainment/advertising sector culminating in oOh!Media acquisition of Adshel.
Woolworths: ACCC authorisation to BP, Woolworths and BP Resellers to implement Woolworths Shopper Docket Discount Scheme and Woolworths Rewards Loyalty Program at BP owned and operated service stations and certain BP Reseller service stations.
See Digital Economy
Telecommunications, Media and Technology
nbn: ACCC review of nbn foundation arrangements with Telstra, ACCC authorisation of nbn's arrangements with Optus and ACCC clearance of its proposal to acquire parts of the Optus Hybrid fibre-coaxial (HFC) network; acquisition of the services arm of ASX-listed satellite company Speedcast International; section 87B enforceable undertakings concerning disconnection communications and proposed variations pursuant to the substantial adverse events clause in the commercial arrangements between nbn and Telstra.
Confidential: advising on the ACCC's Regional Mobile Infrastructure Inquiry 2022-23 and the parliamentary inquiry into Mobile infrastructure services across regional Australia and co investment in regional mobile carrier infrastructure.
Singtel Optus: acquisition of the mobile virtual network operator business of Amaysim Australia; advertising and marketing advice and regulatory investigations; acting in three separate ACCC enforcement and penalty proceedings; and successfully defending, and bringing, three separate proceedings against Telstra in as many years in relation to advertising claims – with a 100% success rate for Optus.
See Telecommunications, Media and Technology