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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, Colleen Platford, Genevieve Rahman, 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, 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, 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 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, 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, 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.

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