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Publications By Luke Woodward

16th April 2014

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

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

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.

31st March 2014

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

By Gina Cass-Gottlieb, Matt Rubinstein, Luke Woodward

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.

18th February 2014

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

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

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 January 2014

수자원

By Luke Woodward

20th December 2013

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

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

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.

10th October 2013

ACCC releases discussion paper seeking submissions in cartel immunity policy review

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

The ACCC has recently released a discussion paper seeking input on issues arising in its review of the ACCC Immunity Policy for Cartel Conduct. We discuss the changes.

11th September 2013

Federal Court hands down judgment in landmark Cement Australia competition case

By Airlie Goodman, Leanne Meyer, Colleen Platford, Genevieve Rahman, Andrew Willekes, Luke Woodward

Yesterday, 10 September 2013, the Federal Court handed down judgment in Australian Competition and Consumer Commission v Cement Australia Pty Ltd & Ors [ 2013 ] (the proceedings) making interim declarations that the defendants, including Cement Australia Pty Ltd, had not engaged in contraventions of section 46 of the Trade Practices Act 1974 (Cth) (the Act) (now known as the Competition and Consumer Act 2010 (Cth)).

13th August 2013

Antitrust spotlight continues on private equity firm bidding practices

By Elizabeth Avery, Genevieve Rahman, Luke Woodward

Following the recent case in Australia (Norcast S.ar v Bradken Limited (No 2) [ 2013 ] FCA 235 (appeal pending to be heard over four days from 4 November 2013) alleging anti-competitive bid arrangements between private equity firms, similar issues continue to rise to prominence under US antitrust laws as well.

21st January 2013

20 years of the SLC test in Australian merger law

By Miles Foran, Romany Webb, Luke Woodward

20 years on – The substantial lessening of competition test in Australia merger law. The 20 year anniversary of the introduction of the substantial lessening of competition test as the standard for merger review under Australian competition law.

21st November 2012

Access regime: Public policy questions remain

By Simon Muys, Luke Woodward

Assistant Treasurer David Bradbury recently announced a Productivity Commission inquiry into the National Access Regime. The inquiry is timely as the recent High Court Pilbara railways decision concluded that the requirement that the facility not be economic to duplicate is to be tested against whether it is not privately profitable to duplicate, rather than socially economic to duplicate (e.g. a natural monopoly). So why mandate access? The regime’s objective has never been clear. Is it to: protect competition in related markets against a refusal of access by controllers of bottleneck infrastructure? Or to promote socially efficient use of monopoly infrastructure and avoid inefficient monopoly pricing and access terms?

13th November 2012

G+T Competition Law Reporter – October 2012

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Paula Gilardoni, Rani John, Simon Snow, Peter Waters, Luke Woodward

The issue contains a snapshot of recent ACCC activity including merger reviews, opposed mergers, consumer law enforcement and addresses by the ACCC Chairman and Deputy Chair on energy reform and carbon pricing claims.

12th October 2012

G+T Competition Law Reporter – August/September 2012

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Paula Gilardoni, Rani John, Simon Snow, Peter Waters, Luke Woodward

This issue contains a snapshot of recent ACCC activity including merger reviews, consumer law enforcement, collective bargaining authorisations and addresses by Chairman Rod Sims outlining infrastructure reforms, opportunities and challenges in a range of sectors.

17th September 2012

High Court brings down decision in Pilbara rail access dispute

By Catherine Dermody, Simon Muys, Luke Woodward

In a watershed 6-1 judgement, the High Court has rejected a decade-long held view that the Australian Competition Tribunal, aided by lawyers and economists, should be able to impose its view of an ‘efficient’ market structure through declaration of access under Part IIIA. Instead, questions of investment and access to key infrastructure are now left to a political process, based on the real world assessment of bankers and investors.

22nd August 2012

C+R Monthly Roundup – June/July 2012

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Paula Gilardoni, Rani John, Simon Snow, Peter Waters, Luke Woodward

This issue contains a snapshot of key ACCC activity throughout the month, including merger reviews, carbon pricing investigations, collective bargaining authorisations and an address by Rod Simms outlining the ACCC’s proposed new approach to incremental acquisitions in the liquor, grocery and home improvement sectors.

14th June 2012

C+R Monthly Roundup – May 2012

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Paula Gilardoni, Simon Snow, Peter Waters, Luke Woodward

This update provides a summary of the latest competition developments in legislation , cases and ACCC activity.

27th April 2012

Competition + Regulation Round-up – December 2011 to March 2012

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

This update provides a summary of the latest competition developments in legislation , cases and ACCC activity.

23rd January 2012

Dominance 2012 – Eighth Edition

By Elizabeth Avery, Morelle Bull, Adelina Widjaja, Luke Woodward

The Australian chapter of Dominance 2012 was published as part of the Getting the Deal Through series. Accreditation: Reproduced with permission from Law Business Research Limited. This article was first published in Getting the Deal Through – Dominance 2012, (published in December, 2011; contributing editors Thomas Janssens and Thomas Wessely, Freshfields Bruckhaus Deringer). For further information please visit www.GettingTheDealThrough.com.

23rd December 2011

Private: Draft price signalling regulations just released for consultation

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

The Parliamentary Secretary to the Treasurer, David Bradbury, has today released the proposed price signalling regulations for consultation. After much debate, the Government’s Competition and Consumer Act Amendment Act (No 1) 2011 was recently passed to prohibit price signalling and other information disclosures, as prescribed by regulation.

1st December 2011

Private: Court affirms green light on $250 million Metcash acquisition

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

The Full Court of the Federal Court of Australia dismissed the ACCC’s appeal from Emmett J’s decision in Australian Competition and Consumer Commission v Metcash Trading Ltd [2011] FCA 1079, in effect giving Metcash the green light to complete its $215 million acquisition of Franklins.

29th November 2011

Private: Senate passes creeping acquisitions amendment to Competition and Consumer Act

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Simon Snow, Luke Woodward

On 25 November 2011, the Senate passed the Competition and Consumer Legislation Amendment Bill 2011 (the Bill) without amendment. Senator Xenophon moved proposed amendments to the Bill but they were not agreed.

25th November 2011

Private: Price signalling bill passes Senate with no amendments

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Simon Snow, Luke Woodward

On 24 November 2011, the Senate passed the Competition and Consumer Amendment Bill (No. 1) 2011 (Bill) with no amendments. The Bill will amend the Competition and Consumer Act 2010 to prohibit anti-competitive price signalling and will commence 6 months after it receives Royal Assent.

1st November 2011

Private: C+R Monthly Roundup – August/September 2011

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

This update provides a summary of the latest competition developments in legislation , cases and ACCC activity.

25th August 2011

Private: Court dismisses ACCC challenge to Metcash acquisition

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

This morning Justice Emmett of the Federal Court ordered that the ACCC’s challenge to Metcash’s acquisition of Franklins be dismissed. A summary of the Court’s conclusions was released today, with full reasons to follow tomorrow.

19th August 2011

Private: More competition law amendments passed in the House of Reps

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

On 17 August 2011, the House of Representatives passed the Government’s Competition and Consumer Legislation Amendment Bill 2011 (Bill) to amend the Competition and Consumer Law Act 2010 (CCA). The Bill proposes to address the issue of creeping acquisitions and simplify the unconscionable conduct provisions in the Australian Consumer Law (ACL).

31st July 2011

Private: C+R Monthly Roundup – June/July 2011

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

This update provides a summary of the latest competition developments in legislation , cases and ACCC activity.

30th April 2011

Private: C+R Monthly Roundup – April 2011

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

This update provides a summary of the latest competition developments in legislation , cases and ACCC activity.

28th March 2011

Private: Price Signalling Reforms

By Elizabeth Avery, Luke Woodward

Click here to listen to Partners Elizabeth Avery and Luke Woodward provide an update on price signalling reforms, following the introduction of the Government’s Bill into parliament last Thursday, 24 March, 2011.

11th March 2011

Private: Squeeze play – Recent decisions on price squeeze claims in the European Union and the United States

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

A price squeeze occurs where a vertically integrated company raises its wholesale prices to competitors in the downstream market, and lowers its own retail prices to customers, resulting in a squeeze of the profit margins of downstream competitors. European Union and United States courts, in a set of matching cases in telecommunications, take opposite views about whether the conduct breaches competition/antitrust law.

23rd September 2010

Private: Update of merger clearances in Australia

By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

Recent merger reviews by the Australian Competition and Consumer Commission (ACCC) reveal that the ACCC is scrutinising transactions more closely, for longer, and is opposing them more frequently.

6th July 2010

Private: Hong Kong’s Competition Law – Unveiled!

By Peter Waters, Luke Woodward

Hong Kong’s Competition Bill (the Bill) was gazetted on 2 July 2010. Formal public consultations on a cross-sector competition law for Hong Kong commenced in 2006. The Bill will be tabled in Hong Kong’s Legislative Council on 14 July 2010. When the Bill becomes law, it will be known as the Competition Ordinance.

19th April 2010

Private: ACCC gets new powers to enforce consumer protection law in Australia

By Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

These changes are being introduced by the Trade Practices Amendment (Australian Consumer Law) Act 2010 (Cth) (2010 Amendment Act) and the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 (2010 Bill).

1st November 2009

Private: Competition and Regulation Monthly Roundup

By Gina Cass-Gottlieb, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward

Competition and Regulation Monthly update for October.

1st August 2009

Private: The International Comparative Legal Guide to Dominance 2009 (Australia)

By Luke Woodward

In this article, we outline in detail the parameters of the prohibition against misuse of market power pursuant to section 46 of Australia`s Trade Practices Act 1974. We address a range of issues, including: (a) the basic elements of the section 46 offence; (b) whether section 46 applies to public bodies; (c) how `substantial degree of power in a market` is defined and established; (d) how `take advantage of` is defined; (e) how recoupment is relevant to the evaluation of predatory pricing; (f) how refusal to deal is dealt with; and (g) whether there are any defences to this prohibition. This article appeared in the 1st edition of The International Comparative Legal Guide to: Dominance 2009; published in August 2009Â by Global Legal Group Ltd, London

2nd July 2009

Private: Cartel legislation- 10 year jail terms to come into effect from 24 July 2009

By Simon Snow, Luke Woodward

On Friday 26th of June 2009, the Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2008 (Cth) received Royal Assent. The operative provisions, including the prospect of jail terms of up to 10 years for cartel conduct, will commence on the 24th of July 2009.

18th June 2009

Private: Cartel Bill passed – 10 year jail terms to come into effect

By Simon Snow, Luke Woodward

Late on Monday evening the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 (Cth) passed the Senate with minor amendments. As a result of the amendments, it was necessary for the Bill to be passed again by the House of Representatives. The Bill passed the House in its amended form this afternoon and is now awaiting Royal Assent.

25th May 2009

Private: Clarity in pricing amendment has commenced today

By Simon Snow, Luke Woodward

As anticipated, the Trade Practices Amendment (Clarity in Pricing) Act 2008 (Amendment) came into effect today (25 May 2009), having been passed by the Senate and having received royal assent in November 2008.

20th May 2009

Private: Creeping Forward – The Government releases a second `creeping acquisitions` discussion paper

By Gina Cass-Gottlieb, Simon Snow, Luke Woodward

The Assistant Treasurer and Minister for Competition Policy and Consumer Affairs has now released a second discussion paper seeking comments on `the best way forward to address the issue of creeping acquisitions`.

19th February 2009

Private: Australia’s consumer laws set for overhaul

By Tim Gole, Peter Jones, Simon Snow, Luke Woodward

On 17 February 2009, the Assistant Treasurer released the Federal Government`s consultation paper on some of the most significant consumer law reform in Australia`s history. The consultation paper, An Australian Consumer Law, is one of the final steps towards establishing a uniform national consumer law to replace the current State, Territory and Federal consumer laws that operate under various fair trading legislation and the Trade Practices Act 1974 respectively.

18th February 2009

Private: Clarity in Pricing Amendment to Commence on or Before 25 May 2009

By Simon Snow, Luke Woodward

The Trade Practices Amendment (Clarity in Pricing) Act 2008 (Amendment) was passed by the Senate on 11 November 2008 and received the royal assent on 25 November 2008. The Amendment will commence within 6 months of the royal assent, that is, on or before 25 May 2009.

25th November 2008

Private: How to stop things that creep

By Gina Cass-Gottlieb, Simon Snow, Luke Woodward

The ACCC`s response to the Government`s Creeping Acquisitions Discussion Paper. As we had advised in our previous update in September (click here), the Assistant Treasurer and Minister for Competition Policy and Consumer Affairs released a discussion paper (Discussion Paper) calling for public comment on the best way forward for a law to prevent `creeping acquisitions`.

1st November 2008

Private: ACCC releases new Merger Guidelines

By Gina Cass-Gottlieb, Simon Snow, Luke Woodward

The ACCC has released its long awaited Merger Guidelines (2008 Guidelines). The role of these guidelines is to outline the general analytical framework the ACCC will apply when assessing whether a proposed merger is likely to substantially lessen competition and therefore be prohibited under s 50 of the Trade Practices Act 1974. The 2008 Guidelines replace the previous Merger Guidelines, originally published in 1999 (1999 Guidelines).

28th October 2008

Private: Rudd Government to introduce legislation criminalising cartels

By Simon Snow, Luke Woodward

The Federal Government today released proposed legislation providing criminal sanctions for serious cartel conduct, after extensive consultation on an earlier exposure draft bill. The final bill includes maximum 10 year jail terms for individuals involved in cartel conduct, up from the initial proposal of 5 years.

1st October 2008

Private: G+T secures successful outcome for ElectraNet in first merits review under the national electricity law

By Catherine Dermody, Genevieve Rahman, Luke Woodward

Gilbert + Tobin has achieved a successful outcome for its client ElectraNet with the Australian Competition Tribunal (Tribunal) yesterday handing down its decision in the first merits review conducted under new provisions in the National Electricity Law.

11th September 2008

Private: Some acquisitions are clearly giving Government the ‘creeps’

By Gina Cass-Gottlieb, Simon Snow, Luke Woodward

Commonwealth Government releases discussion paper proposing amendments to the Trade Practices Act to prevent `Creeping Acquisitions`

18th July 2008

Private: Carbon Pollution Reduction Scheme Green Paper

By Amanda Hempel, Luke Woodward

Unless businesses and individuals over time bear the responsibility for their consumption and production decisions, the level of carbon pollution will remain at unsustainable levels. Emissions trading schemes are designed to redress this market failure. Emissions trading schemes are simply a mechanism to achieve an objective… Australia has a strong interest in promoting broad-based, market responses to climate change because these allow abatement to happen where and when it is most cost effective.[1]

15th July 2008

Private: Garnaut Climate Change Review

By Amanda Hempel, Luke Woodward

Australia would be hurt more than other developed countries by unmitigated climate change, and we therefore have an interest in encouraging the strongest feasible global effort. We are running out of time for effective global action, and it is important that we play our full part in nurturing the remaining chance.

9th May 2008

Private: What’s in the pipeline for gas? The draft National Gas Law and the draft Initial Rules

By Catherine Dermody, Luke Woodward

On 9 April 2008, the new National Gas Law was tabled in South Australian Parliament as the Schedule to the National Gas (South Australia) Bill 2008 (draft National Gas Law). The Law is supplemented by the National Gas Rules 2008 (draft National Gas Rules) released on 1 May 2008 by the Ministerial Council on Energy (MCE). The reforms reflected in these draft documents are designed to ensure consistency between gas and electricity regulation.

6th May 2008

Private: Recent Developments in Water Regulation

By Luke Woodward

In this update, we examine a number of significant developments in water regulation and assess the implications of them.

29th April 2008

Private: Proposed amendments to the Trade Practices Act 1974

By Gina Cass-Gottlieb, Simon Snow, Luke Woodward

On 28 April 2008 the Rudd government announced several proposed amendments to the provisions of the Trade Practices Act 1974 (the Act) governing predatory pricing, misuse of market power and unconscionable conduct. These and other recently proposed amendments are briefly outlined in this update.

30th January 2008

Private: ACCC release of draft merger guidelines – further guidance but heavier burden for businesses

By Gina Cass-Gottlieb, Simon Snow, Luke Woodward

The ACCC has released its long awaited Draft Merger Guidelines. The role of these guidelines, once they are finalised, is to outline the general analytical framework the ACCC will apply when assessing whether a proposed merger is likely to substantially lessen competition and therefore be prohibited under s 50 of the Trade Practices Act 1974. The Draft Guidelines will replace the existing 1999 Merger Guidelines.

23rd January 2008

Private: Proposed criminal sanctions for cartel conduct

By Gina Cass-Gottlieb, Simon Snow, Luke Woodward

Almost 5 years after criminal sanctions for serious cartel behaviour were recommended by the Dawson Committee, the new Federal Government has this year released an exposure draft of legislation (Draft Bill) that would provide criminal sanctions for cartel conduct engaged in `with the intention of dishonestly obtaining a benefit`. Clearly, good risk management and compliance strategies will be more important than ever.

4th July 2007

Private: NSW’s Landmark Water Reform

By Luke Woodward

The New South Wales Department of Water and Energy has released the Water Industry Competition Act 2006 – Regulations Consultation Paper and is seeking submissions from interested persons.

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