Mihkel Wilding

Partner Sydney

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Mihkel strikes us as a rising star in the competition and regulatory area. Mihkel is an incredibly astute lawyer and collaborates with our organisation seamlessly on some of the most complex issues and high profile projects and M&A deals.

– The Legal 500 Asia-Pacific

Overview

Mihkel advises listed and non-listed entities on both behavioural and transactional antitrust matters. He works regularly with international firms in the UK, EU and US. He is sought after as counsel on investigations and enforcement, merger clearance, and competition litigation. Clients benefit from Mihkel's relationship-based approach and his commercial and strategic nous when engaging with regulators such as the ACCC and ACMA.

Notable Work

Brickworks Limited: acting for Brickworks Limited and its subsidiary Austral WA in private antitrust litigation commenced against BGC Australia, alleging BGC unlawfully acquired the WA Midland brick and masonry business despite ACCC informal merger clearance and that BGC's pricing practices over several years were predatory in contravention of the misuse of market power (abuse) prohibition in the Competition and Consumer Act 2010 (Cth).
Nuance Communications: acted for Nuance Communications, Inc. on merger clearance matters relating to its US$19.7bn sale of its AI and automated speech recognition business to Microsoft.
Cinven: acted for Cinven to displace the trade purchaser which had been announced as the acquirer of the chemical admixtures and construction chemicals divestiture assets which were the remedy offered by Sika to complete its EUR5.3bn acquisition of MBCC.
Arthur J. Gallagher: advised Arthur J. Gallagher & Co on its proposed acquisition of certain Australian assets as part of the remedies package offered by Aon/Willis Towers to obtain global merger approvals.
Ikea: acting on environmental and sustainability initiatives.
Indara: acting for Indara in ADJR proceedings of an ACMA decision in the Federal Court.
Flutter Entertainment: obtained ACCC informal merger clearance for Flutter Entertainment's acquisition of BetEasy (now Sportsbet).
Tatts Group Limited: acted successfully for Tatts Group Limited to obtain merger authorisation from the Australian Competition Tribunal (via the Federal Court of Australia) for Tabcorp Limited's $11 billion acquisition of Tatts Group Limited.
Medicines Australia: acted for Medicines Australia, Australia's peak originator pharmaceutical body, to obtain successive ACCC authorisations to permit members to co-on potential supply shortages arising from COVID-19.
humm: acted for flexigroup (now humm) to successfully oppose the ACCC's determination to authorise an industry code in the new energy technology and finance sectors, in review proceedings in the Australian Competition Tribunal.
Woolworths Limited: acted successfully for Woolworths to obtain ACCC informal merger clearance of: (i) its alliance with Caltex and subsequent sale $1.7bn of its petrol business to EG Group, and (ii) its entry into food services by its acquisition of a 65% interest PFD Food Services Pty Limited.
Optus: acted for SingTel Optus and won two ACL false or misleading conduct cases against Telstra (Empires End/P3; Unlimited).
Nexans SA: acted for Nexans SA, one of world's top energy, communications and cable companies, in successful defence of an ACCC cartel enforcement action.

Mihkel Wilding

I also focus on

ACCC and ACMA investigations/market studies
Automotive (commercial, regulatory, compliance)
Building products and construction
Competitor collaborations
Contracts (e.g. joint ventures, supply and distribution agreements)
Fintech
Franchising
Gaming, wagering and betting
International
Liquor licensing advice
Media and telecommunications
Tollroads

Mihkel Wilding

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