12/04/2022

Get the lowdown on developments in competition law in Australia and around the world with The Competitive Edge, a competition law podcast. Each fortnight Moya Dodd and Matt Rubinstein explore insights and trends with our resident experts and special guests to give you the competitive edge. 


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Air travel is taking off again but the world has changed for operators and passengers alike. Regulators insist that competition must be preserved, but what does that look like in a pandemic and an uncertain recovery? Sit back, relax and enjoy the flight as Partner Louise Klamka give us the 30,000-foot view. Plus competition law in Ukraine, legislative acronyms that make us LOL, and reading the tea leaves on the new ACCC Chair.

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An exclusive 1:1 with incoming ACCC Chair -- and until recently G+T partner -- Gina Cass-Gottlieb.  From her family kitchen table to her formative school days to who she supports in the Premier League, we bring you a unique and up-close look at the woman who will shape our competition law landscape in the years to come. She'll be looking back on her experiences as a pioneering practitioner and the only woman in too many rooms, and forward to the cultural change we're seeing in law and business. Plus a quick roundup of other news from the season break.

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State and Commonwealth governments have agreed to toughen protections for consumers and smaller businesses against unfair terms in standard form contracts. Many businesses use these contracts and we've all signed or clicked on them, often without a clear idea of the risks involved. Partner Charles Coorey joins us to discuss the coming changes and what they mean for you. Plus the ACCC's review of Amazon's purchase of MGM, Tool Time with Techtronic and Tooltechnic, the consumer data right in the energy and telco sectors, new ACCC Commissioner Liza Carver and more!

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Artificial intelligence and technology are accelerating, public expectations are shifting, and competition law and regulation are scrambling to keep up. Our AI guru Peter Waters is here to tell us what we can do to prepare. Plus an antitrust hipster update, a sequel to Dieselgate, and decarbonisation dilemmas in the pipeline for the gas sector post COP26.

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The "hipster antitrust" movement emerged in 2017 as young lawyer Lina Khan and others argued that competition law should embrace a wider variety of harms and benefits than the price-focussed consumer welfare standard.  The pushback was firm - including from ACCC boss Rod Sims - and hipster antitrust was consigned by many to the recycling crate of history. Fast forward to 2021 - Lina Khan leads the FTC and antitrust hipsters are quickly becoming mainstream. Betty Mkatshwa joins us to discuss how we got here and where we're going. Plus: criminal cartels that make you sick, rigged roofing allegations, and what Don Bradman's batting average has in common with committal hearings for the Federal Court.

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The ACCC has often warned against privatisations of major government infrastructure aimed at securing the highest sale price at the expense of competition in the longer term. When the New South Wales government sold its largest cargo ports with what looked like a hedge against future competition, the regulator thought it had a clear case. So far, the court hasn't agreed. Lawyer Sarah Lynch worked closely on the case and tells us what happened and what happens next. Plus more from the ACCC on merger reform and ex ante regulation,  Microsoft’s acquisition of Nuance, default search screens and things that get lost in transcription.

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Last week, we turned to crime … and we're not done yet! This episode brings you more in our conversation with Kate Morgan, SC who successfully defended Country Care in Australia's first criminal cartel jury trial. Last week, we talked about the charges, the evidence, and the courtroom tactics. This week, we tackle the big questions. What happened when the verdicts came in? What does it mean for the ACCC's pipeline of investigations? And the really big one - why are jury trials like playing Germany at the World Cup?

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The first criminal cartel case to go before an Australian jury ended with a swift verdict of “not guilty” on all charges against health solutions provider Country Care. Jump behind the scenes with Senior Counsel for the accused, Kate Morgan, for a sideline scoop on the case  and what it might mean for criminal prosecutions of cartel cases in the future. Plus the ACCC's adtech report, infrastructure privatisation, a crisis for carnivores and plenty more…

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ACCC's adtech report

Our article on the ACCC's adtech report "ACCC v Google showdown: Ad Tech Inquiry Final Report" - ACCC v Google showdown: Ad Tech Inquiry Final Report

Pricilla Page

Priscilla Page "An Appreciation of Han Lue & Tokyo Drift"


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Learn about the ACCC's proposed changes and what they might mean for you with Elizabeth Avery, who heads up our competition and regulation team. We do a deep dive into the future of the approval process, the test to be applied and the special focus on large digital platforms. Plus a new investigation into mobile payments, craft beer at the football, medieval rights in common and more …

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Merger review regime

Our article on the ACCC's proposal to reform Australia's merger review regime: ACCC heralds its proposal to reform the Australian merger control regime

Canberra's Asian Cup

Kazuyoshi Miura


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Australia’s competition regulator the ACCC fought hard for a new law against misuse of market power, but it’s private companies who are using it more. Our Partner Simon Muys tells us why and what it means for businesses who might have market power or who deal with someone who does. Plus Rod Sims outlines one possible future for merger approvals in Australia, Treasury consults on major changes to unfair contract term laws and more …

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Merger review proposals

Unfair Contract Terms

Simon Muy's article


Meet the Gilbert + Tobin Competition and Regulation lawyers. 

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