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11th August 2015

A tale of two ports

11th August 2015

By Simon Muys, Luke Woodward, Charles Coorey, Dilys Teng

Recent developments at the Port of Newcastle and Port of Melbourne may hold important lessons for the regulatory strategies of port owners, users and potential investors in privatised Australian ports

31st July 2015

Federal Court green lights dual distribution models: wins for Flight Centre and ANZ against ACCC price fixing allegations

31st July 2015

By Elizabeth Avery, Dilys Teng

The Full Federal Court has allowed Flight Centre’s appeal, finding that it did not engage in attempted price fixing. The ACCC has been ordered to pay Flight Centre’s costs for both the initial proceedings and the appeal.

2nd July 2015

Lexology Navigator – Merger Control

2nd July 2015

By Paula Gilardoni, Andrew Low

Gilbert + Tobin partner, Paula Gilardoni and lawyer, Andrew Low discuss the current merger control climate and trends, including the legislation that applies to the control of mergers.

26th June 2015

Gilbert + Tobin Competition Review 2015

26th June 2015

By Luke Woodward, Elizabeth Avery, Gina Cass-Gottlieb, Moya Dodd, Paula Gilardoni, Simon Muys, Simon Snow, Peter Waters, Jennifer Barron

the Competition Review examines the major competition law and regulatory developments over the last 18 months, and predicts key trends we are likely to see through the remainder of 2015 and into 2016.

18th June 2015

Gilbert + Tobin launches Energy Navigator app

18th June 2015

By Jennifer Barron, Geoff Petersen

In the highly regulated Australian energy sector, our app provides a single place to find key legislation, regulatory guides and related documents which govern the energy industry in Australia.

27th May 2015

No Deal! Director v CFMEU and the future of negotiated resolutions in ACCC penalty proceedings

27th May 2015

By Elizabeth Avery, Matt Rubinstein, Sophie Millett

Since the High Court’s decision in Barbaro v The Queen, the Federal Court has increasingly scrutinised regulators and respondents attempting to resolve civil penalty proceedings by providing the Court with an agreed statement of facts that contains an agreed penalty figure or penalty range.

1st May 2015

App release – Key competition law insights into M+A in Australia

1st May 2015

By Simon Snow, Jennifer Barron, Emma Ringland, Jessie-Grace Stephenson

With ever increasing global regulatory scrutiny of merger and acquisition activity, we are pleased to release an introductory guide to the merger clearance process in Australia.This guide is available on all tablets (Android and iOS) and is downloadable as a PDF for use on other devices.

14th April 2015

ACCC to conduct inquiry into Southern and Eastern wholesale gas prices

14th April 2015

By Jennifer Barron, Gina Cass-Gottlieb, Luke Woodward, Adelina Widjaja, Genevieve Rahman, Geoff Petersen

The Australian gas market has been the subject of intense scrutiny in recent times, culminating in yesterday’s request by the Minister for Small Business that the ACCC conduct a public inquiry into the competitiveness of the Eastern Australian upstream natural gas market.

13th April 2015

Where to now for big business, small business and market power?

13th April 2015

By Matt Rubinstein, Elizabeth Avery, Paula Gilardoni, Simon Snow

Following intense debate on Australia’s existing law on misuse of market power, the Harper Review’s Final Report has recommended an entirely new section 46 of the Competition and Consumer Act.

31st March 2015

Substantial changes to competition law and policy: Harper Review Final Report

31st March 2015

By Simon Snow, Luke Woodward, Louise Klamka, Matt Rubinstein, Eloise Morgan

The Competition Policy Review Panel has this afternoon released its Final Report, recommending wide-reaching changes to competition laws, the institutions that enforce them and the competition policy landscape.

9th March 2015

ACCC loses case against Pfizer for misuse of market power

9th March 2015

By Simon Snow

Gilbert + Tobin partner Simon Snow discusses the outcomes of the Federal Court case ACCC v Pfizer Australia Pty Ltd.

25th February 2015

Competition Policy Review

25th February 2015

The most comprehensive review of Australia’s competition law and policy in twenty years, the Harper Review, is due in 2015. To read our guide on the Harper Review including opportunities and risks for your business download the “G+T Insights” App from Google Play or the AppStore.

25th February 2015

Financial System Inquiry

25th February 2015

The Financial System Inquiry led by David Murray (Murray Inquiry) released its final report on 7 December 2014 with the aim of outlining a blueprint for the Australian financial system over the next decade. For a summary of key points arising from the Murray Inquiry’s observations and recommendations download the “G+T Insights” App from Google Play or the AppStore.

25th February 2015

Near Field Communication

25th February 2015

NFC technology has captured the imagination of many sectors all across the world, and Australia is certainly no exception – it may not be an overstatement to say that Australia is leading the world in contactless payments. For an overview of NFC, uptake in Australia and a look into the future, download our “G+T Insights” App from Google Play or the AppStore.

25th February 2015

ACCC releases its priorities for 2015

25th February 2015

By Paula Gilardoni

Gilbert + Tobin Partner Paula Gilardoni discusses the ACCC priorities for 2015.

19th February 2015

ACCC enforcement priorities, tougher penalties and key activities for 2015

19th February 2015

By Simon Snow, Jennifer Barron, Charles Coorey, Rebecca Dollisson

The Australian Competition and Consumer Commission (ACCC) launches 2015 Compliance and Enforcement Policy at CEDA in Sydney. This policy provides valuable insight into the ACCC’s enforcement priorities for the year ahead.

16th December 2014

Infrastructure regulation review: 2014 A year that looks ahead

16th December 2014

By Simon Muys, Geoff Petersen

Our G+T regulated infrastructure team has published its annual review for 2014.

12th December 2014

Financial System Inquiry: Final report released

12th December 2014

By Paula Gilardoni, Emma Ringland, Cherrie Fung

The Financial System Inquiry led by David Murray (Murray Inquiry) released its final report on 7 December 2014 (Final Report) with the aim of outlining a blueprint for the Australian financial system over the next decade.

9th December 2014

ACCC final determination authorising Tooltechnic Resale Price Maintenance

9th December 2014

By Elizabeth Avery, Luke Woodward, Matt Rubinstein, Morelle Bull

The ACCC has granted its first authorisation for resale price maintenance – to power-tool importer and distributor Tooltechnic Systems.

6th November 2014

Your guide to the ACL Consumer Guarantees

6th November 2014

By Simon Snow, Kirish Kularajah

With the ACL Consumer Guarantees continuing to rank highly on the ACCC’s enforcement priorities, now is an appropriate time for businesses to review their practices and policies with regard to the Australian Consumer Law and in particular the consumer guarantees.

3rd November 2014

ACCC unsuccessful in air cargo proceedings against Air New Zealand and Garuda

3rd November 2014

By Simon Snow, Andrew Floro, Angela Ha

In a judgment handed down today in the Federal Court, Perram J dismissed allegations brought by the ACCC that Air New Zealand and Garuda had colluded between 2001 and 2006 with other airlines to fix surcharges and fees for air cargo services in contravention of the Trade Practices Act 1974 (TPA) (now the Competition and Consumer Act 2010).

31st October 2014

ACCC takes on US based gaming giant Valve Corporation for alleged consumer guarantees breaches

31st October 2014

By Kirish Kularajah

Gilbert + Tobin lawyer Kirish Kularajah discusses a case where the ACCC commenced proceedings against Valve Corporation alleging false or misleading representation regarding consumer guarantees under the Australian Consumer Law.

10th October 2014

Competition Policy Review – Replacing the Price Signalling Laws with Concerted Practices – fit for purpose or a foreign concept?

10th October 2014

By Elizabeth Avery, Matt Rubinstein, Nicole Lojszczyk

The Harper Review’s draft report (Draft Report) considers that the price signalling provisions set out in Division 1A of the Competition and Consumer Act 2010 (CCA), which currently apply only to the banking sector are not “fit for purpose” and should be repealed. In their place, the Draft Report recommends that the general prohibition on anticompetitive agreements in section 45 of the CCA should be extended to cover “concerted practices” which have the purpose, or have or would be likely to have the effect, of substantially lessening competition.

3rd October 2014

Final Vertigan report released

3rd October 2014

By Peter Waters, Simon Muys, Nicole Lojszczyk

On 2 October 2014, the Vertigan Panel (Panel) released the final document in its suite of reports concerning the National Broadband Network (NBN). This final report, entitled “Market and Regulatory Report” (Report), considers the most appropriate overall structure and regulatory framework for Australia’s future including the role of infrastructure based competition and NBN Co’s role in that market.

3rd October 2014

Cutting through the “Harper Review” draft report – what does it mean for you?

3rd October 2014

By Simon Muys, Morelle Bull, Matt Rubinstein

On 22 September 2014, the Competition Policy Review Panel chaired by Professor Ian Harper (the ‘Harper Review’) released its much anticipated Draft Report. In this update, we have tried to cut through the 300-page Draft Report and the Panel’s 52 recommendations, to identify those key proposals that, if accepted, are most likely to impact you and your business or industry.

30th September 2014

Harper Review recommends defence to misuse of market power

30th September 2014

By Paula Gilardoni

Gilbert + Tobin Partner, Paula Gilardoni comments on the Harper Review’s draft report which has recommended an entirely new section 46 of the Competition and Consumer Act.

24th September 2014

Competition Policy Review – big business, small business and market power

24th September 2014

By Gina Cass-Gottlieb, Paula Gilardoni, Matt Rubinstein

Following intense debate on Australia’s existing law on misuse of market power, the Harper Review’s draft report has recommended an entirely new section 46 of the Competition and Consumer Act.

19th September 2014

Thinking of launching a mobile wallet in Australia?

19th September 2014

By Paula Gilardoni, Emma Ringland

We think the tipping point for contactless payments will be consumers using smartphones to make contactless payments via mobile wallets. To learn more about how the Australian regulatory / legal landscape could affect the roll out of your mobile wallet download the “G+T Insights” App from Google Play or the AppStore .

9th September 2014

iPhone 6 could revolutionise digital wallets

9th September 2014

By Emma Ringland

Gilbert + Tobin lawyer Emma Ringland discusses how the iPhone 6, if released with NFC functionality, could revolutionise the uptake of digital wallets.

1st September 2014

The International Investigations Review – Australian Chapter

1st September 2014

By Elizabeth Avery, Peter Feros

Rani John, Elizabeth Avery and Peter Feros have contributed the Australian chapter of the fourth edition of The International Investigations Review. The chapter gives an overview of the investigatory powers of the ACCC, ASIC and the ATO and outlines significant developments in enforcement matters in Australia. To download an eBook or PDF version of the entire fourth edition of The International Investigations Review, please visit: http://thelawreviews.co.uk/download/edition/1034/the-international-investigations-review/

28th August 2014

Independent cost-benefit analysis of broadband and review of regulation

28th August 2014

By Peter Waters, Simon Muys, Nicole Lojszczyk

On 26 August 2014, the Vertigan panel released its second report on the Independent Costs Benefit Analysis of Broadband and Related Regulation which sets out the costs benefits analysis of alternative options for delivering higher broadband speeds to Australian households and businesses.

19th August 2014

ACCC targets consumer guarantee compliance

19th August 2014

By Kirish Kularajah

Gilbert + Tobin lawyer Kirish Kularajah discusses consumer guarantees and business obligations.

19th August 2014

In-game currencies: in the line of fire?

19th August 2014

By Paula Gilardoni, Emma Ringland, Angela Ha

There has been a stratospheric rise in online and app-based social gaming due to the ubiquity of internet and smartphone use. As these games grow in popularity, consumers of all ages are increasingly willing to exchange “real” money for virtual currency within the game environment. This raises regulatory issues relevant to consumer protection, gambling, anti-money laundering and banking and financial services.

18th July 2014

Taking stock: The Financial System Inquiry’s Interim Report

18th July 2014

By Paula Gilardoni, Jennifer Barron, Emma Ringland

The Murray Inquiry’s Interim Report, released on 15 July 2014, is a comprehensive overview of the key themes emerging from the 280 first round submissions from March 2014.

30th May 2014

Analyst briefings – ASIC’s latest enforcement focus

30th May 2014

For the past year the Australian Securities and Investments Commission (ASIC) has been monitoring how companies disclose information to market analysts. The corporate, markets and financial services regulator has foreshadowed legal action against companies and market analysts it identifies as having breached market trading rules. In this broadcast, regulatory enforcement specialist Rani John examines ASIC’s recent report about practices in analyst briefings, risks that companies and advisers should be aware of, particular practices that ASIC is critical of and expected further activity from ASIC in this area.

23rd May 2014

Initial reflections on the Financial System Inquiry

23rd May 2014

By Emma Ringland

Gilbert + Tobin lawyers, Christoph van Opstal and Emma Ringland, discuss the Financial Systems Inquiry.

20th May 2014

A first look at the Financial System Inquiry

20th May 2014

By Paula Gilardoni, Jennifer Barron, Emma Ringland

This report provides a first look at the initial key submissions to the Financial System Inquiry (Murray Inquiry) focussing on competition and payment systems.

16th April 2014

Let the chips fly! Competition Policy Review releases its Issues Paper and Review timetable

16th April 2014

By Luke Woodward, Gina Cass-Gottlieb, Morelle Bull, Matt Rubinstein

The Competition Policy Review Panel led by Professor Stephen Harper has now released its Issues Paper and is calling for submissions by 10 June 2014.

15th April 2014

ACCC seeks comments on revised Immunity Policy for Cartel Conduct

15th April 2014

By Simon Snow, Genevieve Rahman

On 9 April 2014 the Australian Competition and Consumer Commission released a draft version of the immunity and co-operation policy for cartel conduct and Frequently Asked Questions regarding the Policy for public comment. Comments are due by 7 May 2014 to immunityreview@accc.gov.au.

14th April 2014

Internal investigations and legal professional privilege – don’t get caught in the grey zone

14th April 2014

By Angela Ha

By their very nature, reports of internal investigations can contain material which may be extremely damaging in any subsequent litigation. Recent decisions in the US and the UK provide a timely reminder that legal professional privilege only attaches to communications when strict criteria are met, and that reports of internal investigations will often fail the test unless careful precautions have been taken. Click here for more on those cases, and some tips to maximise the ability to claim privilege in this context.

8th April 2014

Flight Centre fined $11 million for cartel attempts

8th April 2014

By Simon Snow

Simon Snow discusses the $11 million penalty for attempted price fixing and the implications for business.

1st April 2014

Court imposes $11 million penalty on Flight Centre for attempted price-fixing

1st April 2014

By Simon Snow, Andrew Low

On 28 March 2014, Justice Logan of the Federal Court of Australia ordered Flight Centre to pay a total of $11 million (in civil penalties) for attempted price fixing in ACCC v Flight Centre Limited (No 3) [2014] FCA 292.

31st March 2014

Harper Review 2014 – Appointment of Review Panel and Final Terms of Reference

31st March 2014

By Gina Cass-Gottlieb, Luke Woodward, Matt Rubinstein

On 27 March 2014 the Minister for Small Business, Bruce Billson MP, announced the appointment of the Review Panel that will oversee what had been referred to as the ‘root and branch’ competition review, but will be known to history as the Harper Review.

24th March 2014

Enforcement of Foreign Bribery Laws in Australia

24th March 2014

By Genevieve Rahman

Regulatory enforcement specialists Rani John and Genevieve Rahman examine how the Proceeds of Crime Act 2002 can magnify the risks connected with foreign bribery, and the implications for individuals and corporations. Click here to access the white paper and video cast.

19th March 2014

Pushing boundaries – anticompetitive conduct relating to the expiry of patents and the use of loyalty discounts

19th March 2014

By Simon Snow, John Lee, Charles Coorey

In February 2014, the ACCC brought Federal Court proceedings against Pfizer Australia for alleged misuse of market power and exclusive dealing in relation to its previously patent protected cholesterol lowering drug, “atorvastatin” (both its originator brand “Lipitor” and its generic atorvastatin product). Lipitor was for some years Australia’s highest selling prescription medicine under the Pharmaceutical Benefits Scheme.

6th March 2014

ACCC releases its priorities for 2014

6th March 2014

By Jennifer Barron

Jennifer Barron, Special Counsel, discusses the ACCC’s 2014 priorities.

24th February 2014

Pfizer charged with anti-competitive conduct

24th February 2014

By Simon Snow

Simon Snow, Partner, discusses the anti-competitive conduct charges against Pfizer by the ACCC.

18th February 2014

Commonwealth Government’s Root and Branch Review of Competition Law and Policy

18th February 2014

By Luke Woodward

Professor Fred Hilmer AO, President and Vice-Chancellor of the University of New South Wales and formerly head of the 1992–1993 Independent Committee of Inquiry into a National Competition Policy for Australia, recently presented to Gilbert + Tobin’s clients and the Business Council of Australia’s members at a Competition Policy Forum on the Commonwealth Government’s Root and Branch Review.

13th February 2014

Our Expert Insights video interviews and inaugural Competition Review

13th February 2014

By Luke Woodward

Our Competition Review comprises a written publication, a short video introduction presented by Gilbert + Tobin Lawyers Morelle Bull and Charles Coorey and video interviews which we conducted with experts in the Australian Competition and Regulatory Law field.

20th December 2013

Dual distribution models at a crossroad: where do the ANZ and Flight Centre cases leave us?

20th December 2013

By Luke Woodward, Elizabeth Avery, Simon Snow, Charles Coorey, Genevieve Rahman

We discuss the recent decisions of the Federal Court in ACCC v Australian and New Zealand Banking Group Limited and ACCC v Flight Centre Limited.

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