Described as “a definite future leader” and an “outstanding lawyer and great with clients”, Mihkel is an accomplished competition and consumer law adviser, with a focus on competition and consumer litigation, investigations, merger clearance, structuring of commercial contracts, channel management strategies, and business advertising.

From his time in both Australia and Europe, Mihkel has worked on cross-border matters, such as the co-ordination of merger clearances, cartel defence (including joint defence and immunity), and late life cycle strategies for pharmaceutical products approaching patent expiry, and developed a strong understanding of how Australia fits into clients' imperatives and international strategy.

As a result, Mihkel is well-versed in engaging with regulators such as the Australian Competition and Consumer Commission in a variety of formal and informal settings, including ACCC authorisation matters, investigations and litigation, the Australian Communications and Media Authority and DIRDAC (automotive vehicle compliance).

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Expertise

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Competition

Woolworths: Mihkel is advising Woolworths on its petrol alliance and other fuel and convenience arrangements with Caltex.

Pharmaceutical: Mihkel is acting in relation to a range of regulatory, commercial and competition law matters.

Medicines Australia: Mihkel is advising in relation to a range of matters related to the Pharmaceutical Benefits Scheme.

Porsche Cars Australia; Volkswagen Group Australia Pty Ltd; Audi Australia: Corporate advisory, dealership, franchise, consumer and compliance work.

nbn co: Mihkel acted in relation to successful ACCC authorisation of provisions of an agreement between nbn co and SingTel Optus Pty Ltd and other Optus entities to migrate Optus' hybrid fibre-coaxial cable subscribers to the national broadband network.

OEM: Mihkel acted  in relation to a potential transaction involving diesel engines used to generate electricity.

Pathology: Mihkel advised on various transactions concerning the provision of imaging, diagnostic and other pathology services.

Woolworths: Mihkel advised Woolworths in relation to shopper docket and successful ACCC authorisation of certain arrangements with BP.

Eli Lilly & Company: Mihkel advised on supply, distribution and structuring arrangements in relation to various drugs, and late life cycle issues associated with patent expiry.

Phoenix CS Limited: Australian regulatory wagering advice about offshore operations.

nbn co: Mihkel acted in relation to the variation of nbn's Special Access Undertaking given to the ACCC.

Mitsubishi Corporation: Mihkel is acting in relation to supply, distribution and structuring arrangements concerning its coal business.

See Competition

Merger and Acquisition Clearance

Tatts Group/Tabcorp: Mihkel acted for Tatts Group in relation to its successful authorisation and $11bn merger with Tabcorp Limited via a Scheme of Arrangement. This was one of the largest and most complex Australian deals in 2017.

Woolworths: Mihkel acted for Woolworths in relation to the potential sale of its petrol business to BP.

Retail acquisitions: Mihkel acted on various retail acquisitions in the supermarkets, liquor, discount department store and hardware sectors.

OEM: Mihkel acted in relation to a potential transaction involving engines used to generate electricity.

Pathology: Mihkel advised on various transactions concerning the provision of imaging, diagnostic and other pathology services.

See Merger and Acquisition Clearance

Enforcement and Cartels

Immunity Policy for Cartel Conduct: Mihkel acts for foreign and domestic companies seeking "first in" leniency (including coordinating across multiple jurisdictions with foreign law firms).

Korean Air Lines Co Limited: Mihkel acted in relation to what was 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: Mihkel acted for one of world's top energy, communications and cable companies on ACCC enforcement litigation.

Penalty proceedings – ACCC defence work: Mihkel is 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
  • cartel conduct in high voltage cables
  • cartel conduct in automotive components
  • cartel conduct in laundry detergent
  • cartel conduct in retail fuel
  • price fixing in A4 copy paper. 

See Enforcement and Cartels

Australian Consumer Law

FMCG entities: Mihkel acts for a range of well recognised domestic and overseas consumer brands on competition and consumer law issues associated with the operation of their bricks and mortar and online stores, and distribution models in Australia.

Freeware, cross-platform messaging and VOIP provider: Acting for the domestic arm of a multinational provider of these services in relation to consumer law matters.

Novartis AG: Mihkel acted in relation to ACCC consumer law litigation in relation to false or misleading representations concerning "Voltaren".

Automotive: Acting in relation to Federal Court litigation and regulatory investigations.

Freeware, cross-platform messaging and VOIP provider: Acting for the domestic arm of a multinational provider of these services in relation to consumer law matters. 

See Australian Consumer Law

Healthcare and Life Sciences

Eli Lilly & Company: Mihkel is advising on supply, distribution and structuring arrangements in relation to various drugs, and late life cycle issues associated with patent expiry.

Medicines Australia: Mihkel is advising in relation to a range of matters related to the Pharmaceutical Benefits Scheme.

Pharmaceutical: Mihkel is acting for a range of domestic and international clients in relation to regulatory commercial and competition law matters.

Novartis AG: Mihkel acted in relation to ACCC consumer law litigation in relation to false or misleading representations concerning "Voltaren". 

Pathology: Mihkel advised on various transactions concerning the provision of imaging, diagnostic and other pathology services. 

See Healthcare and Life Sciences

Telecommunications, Media and Technology

Freeware, cross-platform messaging and VOIP provider: Acting for the domestic arm of a multinational provider of these services in relation to consumer law matters.

Telecommunications carriage service provider: Acting in various disputes and investigations relating to alleged marketing and other consumer law breaches.

Automotive: Acting in relation to Federal Court litigation of consumer and regulatory investigations.

nbn co: Mihkel acted in relation to successful ACCC authorisation of provisions of an agreement between nbn co and SingTel Optus Pty Ltd and other Optus entities to migrate Optus' hybrid fibre-coaxial cable subscribers to the national broadband network.

nbn co: Mihkel acted in relation to the variation of nbn Special Access Undertaking given to the ACCC.

Porsche Cars Australia; Volkswagen Group Australia Pty Ltd; Audi Australia: Corporate advisory, dealership, franchise and compliance work. 

See Telecommunications, Media and Technology

Leisure and Entertainment

Tatts Group/Tabcorp: Mihkel acted for Tatts Group in relation to its successful authorisation and $11bn merger with Tabcorp Limited via a Scheme of Arrangement.  This was one of the largest and most complex Australian deals of 2017.

Phoenix CS Limited: Mihkel gives Australian regulatory wagering advice about offshore operations. 

See Leisure and Entertainment

Investigations and Crisis Management

Immunity Policy for Cartel Conduct: Mihkel acts for foreign and domestic companies seeking "first in" leniency (including co-ordinating across multiple jurisdictions with foreign law firms).

Financial Services: Mihkel acted in relation to various ACCC inquiries and investigations. 

Automotive: Acting in relation to various regulator and product safety inquiries. 

See Investigations and Crisis Management

Advertising and Marketing

Novartis AG: Mihkel acted in relation to ACCC consumer law litigation in relation to false or misleading representations concerning "Voltaren".

FMCG entities: Mihkel acts for a range of well recognised domestic and overseas consumer brands on competition and consumer law issues associated with the operation of their bricks and mortar and online stores, and distribution models in Australia.  

Telecommunications carriage service provider: Acting in various disputes and investigations relating to alleged marketing and other consumer law breaches under the unfair practices and consumer guarantees provisions of the ACL.

See Advertising and Marketing

Knowledge

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