The Competitive Edge

Smoke and Stack: Professor Julian Wright on competition and regulation up and down the AI stack.

Wed, 10 Jun 2026 06:05:42 +0000

Professor Julian Wright from the National University of Singapore joins us to talk about competition and regulation up and down the AI stack -- from the chips to the chatbots and everything in between. Is it winner-takes-all or winner-takes most? Will the digital platforms displace the new labs? And do we need more regulation or less? Plus a competition conference is compliantly considered, Ampol/EG Australia is the first Phase 2 merger approved by the ACCC, the new-look unfair trading practices bill reaches parliament, and AI essays and encyclicals abound … All this and cinematic polycephaly with co-hosts Moya Dodd and Matt Rubinstein.

Links:

Michael B Jordan on playing identical twins Smoke and Stack in Sinners
Three-eyed animals in Train Dreams and The Secret Agent
ACCC approves Ampol's acquisition of EG Australia in first finalised Phase 2
Track the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026
Damien Charlotin's AI Hallucination Cases Database
Justice Needham, "AI and the Courts in 2025"
Pope Leo XIV's Encyclical Letter, "Magnifica Humanitas"
Prof Julian Wright, "Artificial Intelligence and Competition Policy" at ScienceDirect
Anna Goldsworthy's Quarterly Essay, "The God We Made: The Threat and Promise of Artificial Intelligence"
The Competitive Edge's cryptic crosswords, conspicuously inspired by Justice Wigney
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TSLRIC Poetry: Dr Lilla Csorgo on merger control, ex ante regulation, economics and literature

Fri, 22 May 2026 03:11:10 +0000

Dr Lilla Csorgo, lay member of the High Court of New Zealand, joins us to talk about being Chief Economist in three different countries, approaches to ex ante regulation and merger control, being approximately correct vs precisely wrong, and whether fiction and economics have anything in common. Plus, the ACCC wins against Coles in its “was/now/had been” pricing case, the courts have thoughts on NSW Ports, competition and consumer initiatives in the federal budget, and competition and consumer concerns at the FIFA World Cup … All this and e-micromobility with co-hosts Moya Dodd and Matt Rubinstein.

Links:  

Henry Ergas, "TSLRIC, TELRIC and Other Forms of Forward-Looking Cost Models in Telecommunications: A Curmudgeon's Guide" at SSRN
Softwar by Thierry Breton and Denis Beneich at The Internet Archive
Prose and plays by Dr Lilla Csorgo
ACCC v Coles [2026] FCA 598
Mayfield v NSW Ports [2026] HCA 21 Summary and Judgment
"Why Susie sells seashells by the seashore: Implicit egotism and major life decisions", Journey of Personality and Social Psychology, 82(4) 469-487
Why all fire trucks are called Dennis
Discover your Hogwarts House at Hatty Potter Wizarding World
Julien Guyon, "Risk of Collusion: Will Groups of 3 Ruin the FIFA World Cup?"
The Disgrace of Gijon on YouTube
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Bannerman - The Legend of Ron Bannerman: ACCC Commissioner Luke Woodward on the development of competition law in Australia and the centrality of enforcement

Wed, 06 May 2026 23:04:52 +0000

ACCC Commissioner Luke Woodward delivered this year's Bannerman Competition Lecture (jointly hosted by the Business Law Section of the LCA and the ACCC), tracking the development of trade practices and competition law in Australia, the enduring influence of its first Commissioner and Chair and the challenges that lie ahead. Plus Woolworths and was/now pricing, Apple and app store access, and Mastercard and merchant routing in the courts; the future of cash revisited; and another Phase 2 review, this time for IAG and the RAC … All this and Bananaman with co-hosts Moya Dodd and Matt Rubinstein.

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O, for Hormuz of Fire: Geoff Petersen on the regulatory response to the fuel shocks that are raising prices and causing shortages around the world.

Tue, 21 Apr 2026 17:00:00 +0000

G+T Partner Geoff Petersen unpacks the regulatory response to the fuel shocks that are raising prices and causing shortages around the world, including security of energy supply and infrastructure, new demand from electric vehicles and data centres, and questions about fuel price gouging and domestic gas reservation.. Plus, the first quarter of the new merger regime and another round for the MicroStar/Konvoy acquisition, our new Solicitor-General of Australia, and the Wiggles deliver their product safety podcast … All this and a muse of fire with co-hosts Moya Dodd and Matt Rubinstein.

Links:  

Derek Jacobi's "Wooden O" speech from Kenneth Branagh's Henry V
Dire Straits, "Heavy Fuel"
What was the googlewhack?
ACCC, "New merger regime off to a positive start"
MicroStar/Konvoy on the new acquisitions register and the old public informal review register
Attorney-General recommends Solicitor-General to Governor-General
The Wiggles' podcast on button battery and toy safety
The ACCC's weekly fuel price monitoring report
G+T on the new maximum penalties for competition and consumer contraventions
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The Secret Agent: Peter Waters and Andrew Low on the rise and the risks of agentic AI in commerce

Wed, 01 Apr 2026 03:48:51 +0000

Legend emeritus Peter Waters and Partner Andrew Low take us through the rise and the risks of agentic AI in commerce and beyond: how AI agents can organise our holidays and even our lives, why we might or might not want them to, and how they interface with contract, competition and consumer protection law. Plus, Australia's highest individual competition law penalty in the Qteq case, and the US war against Iran brings concerns over fuel supply and pricing as well as limits on AI. All this and Maxwell Smart with co-hosts Moya Dodd and Matt Rubinstein. Links:  

The ACCC's fuel price monitoring updates
Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Bill 2026
One of the David Byrnes talks to the ABC about petrol prices
The other one sings "(Nothing but) Flowers"
Anthropic on its dispute with the Department of War and its preliminary reprieve (for now)
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Xmas in February: Louise Klamka on the ACCC's compliance and enforcement priorities for 2026-27

Tue, 17 Mar 2026 23:30:00 +0000

Xmas in February: Partner Louise Klamka takes us behind the scenes of the ACCC's compliance and enforcement priorities and what we can expect in the coming year -- a wake-up call for business and advisers, changes to the law and the three-body problem of competition law, consumer protection and ex ante regulation. Plus Phase 2 mergers join the school of hard NOCCs, Fortnite fans emote as Epic Games and Google settle up, and a slap on the wristband for Live Nation/Ticketmaster? All this and the Brisbane Olympics with co-hosts Moya Dodd and Matt Rubinstein. Links:  

G+T on the ACCC's compliance and enforcement priorities for 2026-17
Notice of Competition Concerns summaries for Ampol/EG Australia and Coles in Kalgoorlie
All about Spudshed
Pantone 16-1350 TPG Amberglow and 17-1463 TCX Tangerine Tango
The Premier League's statement on Manchester City's 115 charges
Term sheet outlining the settlement between Epic Games and Google
AFL and NRL footy at the Brisbane Olympics?
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The World's Fair: Liana Witt and David Holmes on Australia's new unfair trading practices proposal

Wed, 04 Mar 2026 21:30:25 +0000

Partner Liana Witt and lawyer David Holmes take us through the Australian government's plan to prohibit unfair trading practices -- with all the low-down on subscription traps and drip pricing, the tests and the penalties, and how businesses can prepare for the new rules. Plus, the ACCC's compliance and enforcement priorities for 2026-27, what's going down down down at the Coles pricing hearing, and even more changes to the US antitrust landscape … All this and Buffalo buffalo with co-hosts Moya Dodd and Matt Rubinstein.

Links:  

The Garden Palace Fire of 1882
G+T on the ACCC's compliance and enforcement priorities for 2026-17
Lian and David on the government's unfair trading practices proposal
Buffalo buffalo and had had had had
New York Times on Gail Slater's departure from the Antitrust Division
What is a possession arrow in basketball or merger review?
We're All Going to the World's Fair trailer
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Once Upon a Time in China: Amelia McKellar on merger control, involution-style competition and the accidental sad horse in China

Wed, 18 Feb 2026 16:00:00 +0000

Special Counsel Amelia McKellar joins us to explore merger control and microchips, industry policy and involution in the world's second-largest economy. Plus, all the news on the new and now mandatory Australian merger framework, G+T's new tool to navigate all those thresholds and forms, the proposed prohibition on unfair trading practices planned for 2027, and a whistleblower bounty in the US … All this and the accidental sad horse with co-hosts Moya Dodd and Matt Rubinstein.

Links:  

ABC on Australia's Central Western Standard Time Zone (UTC+08:45)
The Criterion Collection on the Once Upon a Time in China series
The consolidated Notifications Determination and the Forms Determination
G+T on the merger changes that came into effect in January 2026
Our new merger assessment obligation tool: MerTL
Possibly the best book written on the subject of turtle stacking
US Antitrust Division and US Postal Service pay $1m whistleblower bounty
Check out our episode on whistleblowers with Kieran Pender from last September
No-one's far from anyone anymore with the OTC in 1990
The Guardian on the accidental sad/crying horse
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How to Host a Merger: Elizabeth Avery and Costas Condoleon on the latest updates to the merger regime and what global counsel need to know about our new system.

Fri, 09 Jan 2026 06:13:01 +0000

How to Host a Merger: In our special Antipodean summer edition, head of Competition Elizabeth Avery and co-head of Corporate Advisory and M&A, Costas Condoleon, share their experiences with Australia’s new merger regime so far, with a focus on multijurisdictional mergers, foreign investment, and global counsel. Notification thresholds, forms and fees, engaging with the competition and foreign investment regulators, information requirements and timeframes, conditions precedent and how to avoid gun-jumping … all this and board games with co-hosts Moya Dodd and Matt Rubinstein of #TheCompetitiveEdge #podcast #competitionlaw

Links:

How to host a How to Host a Murder, original and reboot
Our new merger review portal, Australia’s new merger regime: what you need to know
All about drop bears, hoop snakes and fishing spiders
Try our new competition-law-themed cryptic crossword and all our other ones
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Mergerbot: Simon Muys and Tanya Macdonald on the recent and upcoming refinements to the new merger process

Tue, 16 Dec 2025 00:37:42 +0000

Partners Simon Muys and Tanya Macdonald join us to ring in Australia’s new merger clearance regime – what's settled, what's still up in the air and how our clients are navigating the new world in the third but not necessarily final instalment of our webinar series. This episode may qualify for 1 CPD point depending on your jurisdiction. Plus Skarsgårds and Sarsgaards, trilogies of four or more, and our new MergerHub … All this and nothing more with co-hosts Moya Dodd and Matt Rubinstein.

Check out our new hub on Australia's new merger regime: what you need to know
Watch a video of the webinar
Assistant Minister Andrew Leigh's announcement of refinements to the regime
Skarsgårds in Murderbot on Apple TV, It: Welcome to Derry on HBO Max and Andor on Disney+
Desert wildflowers in Broken Hill
The Matrix filming locations in Sydney
Try our new competition-law-themed cryptic crossword and all our other ones
Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
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The Merger Reform Forum: ACCC Chair Gina Cass-Gottlieb on the new merger review framework

Mon, 08 Dec 2025 22:44:02 +0000

ACCC Chair Gina Cass-Gottlieb delivers a keynote at our recent forum on the new merger framework that's just around the riverbend: why the change, how to engage with the ACCC, and what's still up in the air. Plus the Chatham chat on fees, thresholds and first-instance decision-making, an agreement on unfair trading practices, the FTC loses its case against Meta, and former chair Lina Khan's new gig in New York … All this and movie posters with co-hosts Moya Dodd and Matt Rubinstein of #TheCompetitiveEdge #podcast #competitionlaw #rrrjrrr

Links:

The complete The Rural Juror on 30 Rock
Heraclitus/Pocahontas on social media market definitions (sing-along)
FTC v Meta memorandum opinion
Treasury Ministers announcement on unfair trading practices
The Guardian on Lina Khan's new gig
John McWhorter on mispronouncing Mamdani
Drew Struzan and Richard Amsel movie posters
Our new competition-law-themed cryptic crossword and all our other ones

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DPSI 10 Your Seatbelts: Kate Reader on the Digital Platform Services Inquiry and what's next for the ACCC in digital regulation

Thu, 20 Nov 2025 04:56:38 +0000

DPSI 10 Your Seatbelts: Kate Reader, head of the ACCC's Digital Markets Branch and G+T alum, returns to unpack the landmark Digital Platform Services Inquiry, developments in Australia and overseas and greatly exaggerated rumours about the ACCC's digital team. Plus the newest conference on the competition mafia or knitting circle's calendar, the new acquisitions register hits its stride, and a hot potato for the Wiggles … All this and merger jokes with co-hosts Moya Dodd and Matt Rubinstein. [Links]

ACCC Chair Gina Cass-Gottlieb's speech at the Australian Competition Summit
Julian Wright and Andrei Hagiu on Artificial Intelligence and Competition Policy
The entire Digital Platform Services Inquiry 2020-25
Australia's lunar rover Roo-ver
The Wiggles on button batteries and electricity more generally
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The Sting: Jeremy Jose and Antonia Garling on the new Scams Prevention Framework

Mon, 10 Nov 2025 16:00:00 +0000

The new Scams Prevention Framework will kick in next year with codes of conduct and big penalties for failing to take reasonable steps to combat scams. Competition partner Jeremy Jose and Disputes and Investigations partner Antonia Garling take us through the impact on the telecommunications, digital platform and banking sectors and what this will mean for business and consumers. Plus more tweaks to the new merger process; a green light for Cuscal/Indue but last drinks for MicroStar/Konvoy in the twilight of the old regime, or mergerdämmerung; and a new prohibition on excessive pricing. All this and our upcoming forum on the new merger system with co-hosts Moya Dodd and Matt Rubinstein.

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Moving On Up: Amelia McKellar and Kaushalya Mataraaratchi on No-Poach and Non-Compete Agreements and the planned changes to stop them

Fri, 24 Oct 2025 02:11:16 +0000

Moving On Up: Non-compete and no-poach restrictions in employment contracts in the government's sights, and Special Counsels Amelia McKellar and Kaushalya Mataraaratchi explain how long-standing exceptions to the competition law could be put on gardening leave. Plus subscription traps and Amazon's Iliad flow, Taylor Swift and Ticketmaster, Treasury on AI and the ACL, ASIC and ANZ, and a new Commissioner at the ACCC … All this and M People with co-hosts Moya Dodd and Matt Rubinstein.

Breaking News:

ACCC announces decisions on two of the eight remaining old school mergers on its register, waving through Cuscal's acquisition of payment facilitation supplier Indue Limited but opposing MicroStar Logistics' acquisition of the assets of keg pooling service provider Konvoy Holdings.

Links:

M People with "Moving On Up" and Loleatta Holloway with "Love Sensation" and "Ride on Time"
The Final Countdown on the ACCC's public informal merger clearance register
MN-01019: Ampol's proposed acquisition of retail sites from EG Australia
FTC and Amazon settle for $US2.5bn over Prime subscriptions
FTC takes Ticketmaster to court over resales and price and ticket limits
ASIC press release and press conference on ANZ agreed penalties
Treasury's Final Report in its review of AI and the ACL
G+T on Treasury's consultation on non-competes
ABC on the rebel R360 league and eligibility for internationals
Treasury and ACCC announce the new ACCC Commissioner
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The Informant! Kieran Pender on whistleblowers, regulators, protections and their limits

Wed, 17 Sep 2025 05:17:10 +0000

Kieran Pender from the Human Rights Law Centre joins us to talk about whistleblowers -- how they're protected, how they engage with regulators, the changes that could be coming, and how businesses can encourage accountability in their own culture and processes. Plus the new merger notification waiver form; firings, re-hirings and re-firings in the US antitrust agencies; Google wins, loses or draws on penalties; the ACCC's purple patch in cartel enforcement and the last informal merger reviews race for the finish line. All this and morels with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast.

Breaking News:

All three judgments and 750,000 words of the Epic Games and class action cases against Apple and Google are now available: Epic v Apple, Epic v Google and all the class action action. Justice Beach has indicated he may be up for additional reasons or judgments on the non-section 46 issues so we may yet break the million-word mark.

Links:

G+T's analysis of the draft Waiver Notification form
CJ John Roberts stays the Appeal Court's stay of the stay
Young MacGyver pilot
The District Court's penalty decision in US v Google
ACCC Chair Gina Cass-Gottlieb's address to the Competition and Consumer Workshop
New cartel enforcement actions in cranes and cauliflower
Commitments and understandings in the Delta and BlueScope appeals
Fisk S02E06 - "Snitches get Riches" on ABC iView
The last days of chez public informal merger review
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Conference 27: Geoff Petersen on the ACCC/AER Regulatory Conference, essential infrastructure, the energy transition, competition and innovation

Thu, 04 Sep 2025 03:48:41 +0000

Partner Geoff Petersen joins us fresh from the ACCC/AER Regulatory Conference with the latest on regulating infrastructure, the energy transition, competition and innovation. Plus the Government's Economic Reform Roundtable; a second leasehold on the ACCC's acquisitions register earns a new frequently asked question; more casualties at the US antitrust agencies; and what even is a notification waiver? All this and Sudanese cinema with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast. [Links] Breaking news:

Treasury has released its draft Notification Waiver form for consultation. G+T's analysis compares the draft form to the short-form notification form.
Allegedly former FTC Commissioner Rebecca Slaughter is back at work for now after the DC Circuit Court of Appeals found 2-1 that the administration had no likelihood of success.

Links:

The first episode of "Conference 27" on YouTube
Khartoum Offside on Kanopy
G+T on Lease Agreements on the Acquisitions Register
We've all been saying "Passiona" wrong
Former Principal Deputy Assistant Attorney General Roger Alford on the DOJ and the HP-Juniper merger
Product placement in the Top Gun movies
G+T on safeguarding our energy supply
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Stephen King's It: Productivity Commissioner Stephen King on regulation and innovation, the AI opportunity and productivity growth

Fri, 22 Aug 2025 03:59:30 +0000

Productivity Commissioner Stephen King joins us to talk about regulation and innovation, data and AI, the lost decade of productivity growth, and the baptist and bootlegger issue. Plus Epic wins the first round against Apple and Google, mavericks and icepeople at the ACCC/AER Regulatory Conference, the first acquisition is notified under the new merger regime, and the long haul to the High Court for NSW Ports and the Port of Newcastle. All this and the Rock Bottom Remainders with co-hosts Moya Dodd and Matt Rubinstein.

G+T on the Epic cases against Apple and Google
Koala Airlines' spokesmarsupial on sitting and flying
The ACCC's new acquisitions register ft Kongsberg Defence and the Newcastle Aerotropolis
Defence images of Naval and Joint Strike Missiles
The Productivity Commission's Five Pillars of Productivity inquiry and interim reports
Commencement speeches from John F Kennedy and Kermit the Frog
The Rock Bottom Remainders at the Miami Book Fair
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When I'm Gone: Antitrust economics and merger reform

Thu, 14 Aug 2025 02:16:34 +0000

Jennifer Fish, Economist at Charles River Associates, joins us to talk about the new merger approval process and its sharper focus on data and economic analysis, how lawyers can most effectively engage with economists, the state of hipster and hillbilly antitrust, and the representation of women in the profession. Plus the final filing fees and the near-final ACCC merger guidelines, the Final Report of the Digital Platform Services Inquiry, movie ticket surcharges and the final Fast and Furious film, the final stand of the final fired FTC Commissioner, and a surprise musical finale. All this and more with co-hosts Moya Dodd and Matt Rubinstein

"When I'm Gone" by The Carter Family, Lulu and the Lampshades and Anna Kendrick
G+T on the ACCC’s analytical framework and the process for the new merger regime
G+T on the final filing fees and notification thresholds for the new merger regime
The ACCC's Digital Platform Services Inquiry 2020-25
The ACCC fines Dendy 1650 concession tickets for drip pricing
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Only Mergers in the Building: Charles Coorey, Andrew Low and Liana Witt on the ins and outs of the new merger process.

Mon, 11 Aug 2025 03:42:59 +0000

Partners Charles Coorey, Andrew Low and Liana Witt take us deeper into the new merger review process -- the filing fees, the forms and information requirements, and how to engage with the ACCC before and after notifying, with more wrinkles than Winnie the bulldog. Who gets to notify when there's a competitive bidding process? When can you claim confidentiality? How do the ACCC and FIRB work together? This is a recording of the second in our webinar series on Australia's new formal merger system which came into effect on a voluntary basis on 1 July and will be mandatory from 1 January 2026. This episode may qualify for 1 CPD point depending on your jurisdiction.

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Special Episode: Clerkships decoded – life in Australia’s top competition team

Sun, 06 Jul 2025 22:46:52 +0000

Why should you start your legal career in Australia’s leading competition, consumer and market regulation practice? Recent clerks and now team members Amy van Dongen and Elena Khoury, partners Louise Klamka and Andrew Low, and some old friends who have moved on to great things join us in this special episode. Hear what they think about the people, the opportunities and the firm’s focus on innovation and social impact.

Subscribe to the podcast mailing list
Visit our website for details regarding the selection process for each office and to access the application form
Students can also get in touch with us via gtcareers@gtlaw.com.au
Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
Try our competition law-themed cryptic crossword, inspired but in no way endorsed by Justice Wigney

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Batteries Not Included: Charles Coorey and Jessie-Grace Stephenson on product safety and consumer protection

Wed, 18 Jun 2025 00:01:56 +0000

Partner Charles Coorey and pro bono lawyer Jessie-Grace Stephenson read the fine print on consumer protection and product safety -- from quad bikes to button batteries and how businesses can support their vulnerable customers. Plus million-dollar (maybe) fees for complex mergers in the coming merger regime, Hungry Jack's and the existential terror of Garfield, toxophilites aquiver over price-fixing in archery supplies, and a Chatham House competition conference is compliantly discussed. All this and more with co-hosts Moya Dodd and Matt Rubinstein.

The British Film Institute on punctuation in movie titles
Variety on Thunderbolts* and *The New Avengers (spoilers)
G+T Partner Andrew Low on digital platform reform and regulation at the Competition Law Conference
The burping Garfield toy and Garfield's existential terror
The ACCC's enforcement outcomes against Hungry Jack's and Thermomix
Australia's original Burger King ft Humphrey B Bear
The price-fixing class-action complaint against big archery
Treasury's consultation on proposed fees for merger clearance
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Merger on the Orient Express: Amelia McKellar on antitrust, AI and digital regulation developments in Asia

Fri, 30 May 2025 00:34:34 +0000

Special Counsel Amelia McKellar joins us to talk trends and developments in antitrust, artificial intelligence and digital regulation in Asia -- what's going on in key jurisdictions and what it all means for Australia. Plus our new-look ministry and what's next for competition and regulation, a win for the ACCC in the Qteq qase and new wrinkles in the Spotless and Ventia action, steak sauce in schools and roaming commissioners in the US. All this and Humphrey's Executor with co-hosts Moya Dodd and Matt Rubinstein.

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Anatomy of a Merger: Partners Elizabeth Avery, Louise Klamka and Jeremy Jose on the practical implications of the new merger process

Thu, 22 May 2025 01:20:15 +0000

Australia’s new, formal, mandatory and suspensory merger regime comes into effect on a voluntary basis on 1 July this year and will be mandatory from 1 January 2026. Join G+T partners Elizabeth Avery, Louise Klamka and Jeremy Jose for a webinar first livestreamed in April on the coming notification thresholds and waivers, the timelines, the new framing of the merger test, the long and the short of the forms – and the pieces of the puzzle still to come. And keep an eye out for the next webinar on 18 June!

Presentation slides
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American Graffiti: Elizabeth Avery and Liana Witt on the new US approach to antitrust and merger review

Wed, 14 May 2025 18:30:00 +0000

Partners Elizabeth Avery and Liana Witt report back from a very different American Bar Association Spring Meeting in Washington DC, and take us through recent upheavals in US competition and consumer law. What is the new “America First” antitrust, what does it mean for global deals, big tech and AI, and how will it impact Australia and the rest of the world? Plus digital platforms and the new regime, the ACCC bags a penalty in ocean plastics and has no truck with LDV's SUVs, and what to expect from the newly returned government …  All this and more with co-hosts Moya Dodd and Matt Rubinstein. [Links]

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Bonus Episode: Truth, advertising and democracy: Anne Twomey on elections and debate in the public square

Thu, 01 May 2025 22:52:22 +0000

In this bonus episode, we rejoin Professor Emerita Anne Twomey for more on how media is regulated at election time. How could AI be deployed in political advertising? What is misinformation anyway, and who should decide what is verifiably true or false? Can truth in political advertising be legislated? And what's the future of debate in the town square - or are we all on our own private bubble?

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Electioneering: Professor Emerita Anne Twomey on freedom of political communication and the regulation of elections

Wed, 16 Apr 2025 06:06:20 +0000

Professor Emerita Anne Twomey, constitutional law expert and G+T consultant, takes us through the regulation of elections: misinformation, disinformation and the implied freedom of political communication. Plus the new draft merger thresholds, targeted sectors and forms; the High Court's understanding of "understanding" in the ACCC's case against Hutchinson and the CFMEU; the Digital Platform Services Inquiry wraps up, and we check in on the parties' election platforms. All this and voodoo economics with co-hosts Moya Dodd and Matt Rubinstein.

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Stop! Hammer Time: Economist and former regulator John Fingleton on Australia's competition reforms, ex ante regulation and seismic shifts in the global zeitgeist

Wed, 02 Apr 2025 21:36:26 +0000

Economist and former head of the Competition Authority of Ireland and the UK Office of Fair Trading John Fingleton CBE joins us from the Competition Taskforce to talk about Australia's recent and future reforms, the role of ex ante regulation and the shifting sands of antitrust in the US, the UK and Europe. Plus competition and consumer protection in the Australian budget, the ACCC's draft merger assessment and process guidelines, and the US agencies boycott an antitrust conference. All this and jerseys vs guernseys with co-hosts Moya Dodd and Matt Rubinstein.

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Stop, collaborate and listen: Louise Klamka and Rebecca Dollisson on the risks and rewards of business cooperation and authorisations

Mon, 24 Mar 2025 21:39:39 +0000

Partner Louise Klamka and Special Counsel Rebecca Dollisson take us through the risks and rewards of business cooperation, from Virgin and Qatar to the Vanilla Ice Posse. When can you talk to your competitors, when should you talk to your lawyer, and when do you need the ACCC? Plus the roadmap to the new merger clearance framework, the new scam prevention framework and some questionable consumer law limericks, why is there only one Monopolies Commission, and what is the new National Competition Policy? All this and the price of eggs with co-hosts Moya Dodd and Matt Rubinstein.

G+T on the transitional arrangements to the new merger control regime
New Scientist's monopolies commission joke joke
Sinead O'Connor's "No Need to Argue" and Phoebe Bridgers's "Fake Plastic Trees" on YouTube
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Continuity and Change: Simon Muys on the ACCC's compliance and enforcement priorities for 2025-26

Tue, 04 Mar 2025 00:05:44 +0000

The ACCC's compliance and enforcement priorities are here and Partner Simon Muys reads between the lines on the new merger framework, the global zeitgeist and where private litigation fits in. Plus a re-evaluation of competition law, regulation and national champions; DeepSeek takes the Fast and Furious challenge; all the Niue/New Zealand numismatics news; and a new competition-law-themed cryptic crossword to reflect these convoluted times. All this and absurd alliteration with co-hosts Moya Dodd and Matt Rubinstein.

Louis Dreyfus Company/Namoi on the ACCC's register and all of Elaine's get-outs
PM Malcolm Turnbull on Continuity and/with Change
The Draghi Report on European competitiveness and the Commission's Competitiveness Compass
Doug Gurr's three things the CMA will be doing differently from now on
Marco Materazzi heinously headbutts Zinedine Zidane
The official rules of international rules
Is This What We Want? by 1000 UK artists on Spotify
The ACCC's new consumer protection action against the Bradford Exchange
G+T's competition and consumer insights for 2024-25 and our summary of the ACCC's priorities
The Competitive Edge Cryptic Crossword #6 and all the other crosswords
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Task Force: Marcus Bezzi on the Competition Taskforce, the new National Competition Policy and merger reform implementation

Tue, 04 Feb 2025 17:30:00 +0000

Chief Advisor Marcus Bezzi joins us to talk about his time at Treasury's Competition Taskforce, merger reform implementation, the future of our National Competition Policy and the next chapter in a life of competition law and policy. Plus antitrust shifts in the US and the UK, new judges for the Federal Court, merger reviews and non-reviews in smartphone apps, and a look at the year ahead … All this and low-fat yoghurt with co-hosts Moya Dodd and Matt Rubinstein. Links

Aunty Jack Introduces Colour at the National Archives of Australia
Executive orders and other presidential actions from the White House 
All the new judges at the Federal Court
Compass/School Bytes on the ACCC register
Merger of the parking apps with the ACCC's statement of issues
Cab Calloway performs "Minnie the Moocher" in 1931 and 1980. 
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The Three Laws: Amelia McKellar on AI and Consumer Protection

Wed, 18 Dec 2024 23:56:24 +0000

Special Counsel Amelia McKellar joins us with the latest on AI and consumer protection, from rogue chatbots to fake reviews and how regulators are combatting and using AI. Plus price-fixing on defence force estates in the ACCC's first competition law court case in a while; new and proposed laws on the merger process, social media age restrictions, privacy and ex ante digital platform regulation; and the Digital Platform Services Inquiry returns to search as the US Department of Justice proposes radical remedies for Google. All this and the green Teletubby with co-hosts Moya Dodd and Matt Rubinstein. [Links]

The Three Laws of Robotics on Wikipedia
TVTropes on works suggested by other works
Press release and concise statement for ACCC v Spotless
G+T on the passing of the merger reform legislation and what happens next
G+T on the passing of the social media minimum age legislation
Privacy Commissioner Carly Kind on social media age restrictions
G+T on the new consultation on an ex ante digital competition regime
G+T on the 9th and final interim report of the Digital Platform Services Inquiry
Report of the Committee on Digital Competition Law (India)
Moffatt v Air Canada, the AI chatbot decision
G+T on the first tranche Privacy Act amendments
Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
New rules for the consumer data right
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The Enforcer: Liana Witt on competition and consumer law enforcement and reform.

Wed, 27 Nov 2024 22:02:34 +0000

Partner Liana Witt joins us to talk about the latest in competition and consumer law enforcement and law reform. The ACCC is leaning into consumer and cost-of-living issues as a new prohibition against unfair trading practices is taking shape. Private and class actions are dominating new competition law cases, but ACCC cases currently on appeal could change the enforcement landscape dramatically. Plus age restrictions for social media and a duty of care for digital platforms; new merger laws reach the final stretch; and Sigma and Chemist Warehouse take the W, skibidi. All this and some confusion about US cabinet appointments with co-hosts Moya Dodd and Matt Rubinstein.

G+T on the passage of the merger reform legislation
G+T on social media age restrictions and the digital duty of care
The latest Rap Sheet and Shop Talk newsletters
G+T consultant Anne Twomey on misinformation and disinformation and the doomed MAD Bill
G+T on Treasury's latest consultation on unfair trading practices
Senator Fatima Payman on "brain rot"
The Straight Dope on the pompatus of love
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Fitter, Happier, More Productive: Chair Danielle Wood on the Productivity Commission and the new National Competition Policy

Thu, 14 Nov 2024 04:41:07 +0000

Productivity Commission Chair Danielle Wood joins Partner Jeremy Jose to discuss the evolving role of the Commission, the Competition Taskforce, the progress and prospects of the new Competition Policy Review, and the importance of basing Australian policy on Australian evidence and data. Plus regulatory grids and antitrust raps at G+T's inaugural Financial Services Forum, a googol roubles trouble Google, rectangular wheat biscuit products and the ACCC's enduring priority of breakfast, and parliament juggles merger laws and divestiture bills. All this and four more years, apparently, with co-hosts Moya Dodd and Matt Rubinstein.

G+T on the inaugural Financial Services Forum
Our new financial services-themed cryptic crossword
ABC on Google's amusingly massive Russian fines
ACCC on Weet-Bix maker Sanitarium's acquisition of Vita Brits
Extended mix of Bob Hoskins and the menacing Weetabix kids
Track the merger review bill and the latest divestiture bill
What is the Federation Chamber?
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…And Justice for All: Deputy Assistant Attorney-General John W. Elias on the Department of Justice, culture and competition, the new US merger guidelines, and artificial intelligence.

Thu, 31 Oct 2024 04:26:53 +0000

Deputy Assistant Attorney-General John W. Elias lays out the mission and culture of the Antitrust Division at the US Department of Justice, covering diversity in competition law, the new geometries of the US merger guidelines, and the recent AI workshop at Stanford. Plus vague promises and unfair trading practices; a hat-trick of competition and labour law complaints against FIFA; the ACCC's new merger surveillance team; and what the US election might mean for antitrust enforcement. All this and a bunch of goo with co-hosts Moya Dodd and Matt Rubinstein.

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Electric Dreams: Geoff Petersen on the shifting balance between markets and governments in the energy transition.

Wed, 16 Oct 2024 02:52:09 +0000

Partner Geoff Petersen explores the new role for governments in the energy transition, taking the lead on targets and infrastructure and making sure consumers aren't left behind. But what's left for market mechanisms and national regulation? Plus the recalibrated merger reform bill hits Parliament with something for everyone in the notification thresholds; more supermarket scrutiny here and around the world; greenwashing in fashion and finance; big penalties for those Qantas ghost flights and a speeding ticket for Honda under the right-to-repair scheme. All this and plenty of disfluencies with co-hosts Moya Dodd and Matt Rubinstein.

Philip Oakey & Giorgio Moroder, "Together in Electric Dreams"
Breakin'/Breakdance 2: Electric Boogaloo trailer
G+T on the new merger reform bill and updated notification thresholds
The ACCC's Grocery Inquiry 2008 and Supermarkets Inquiry 2024: was/now
The Prime Minister on shrinkflation
NZ Commerce Commission declines to clear the Foodstuffs merger
The Warehouse, where everyone gets a bargain
G+T's regular wrap-up on consumer law enforcement, Shop Talk
G+T on ASIC's hat-trick in greenwashing cases
The CMA's tailored guidance on greenwashing for fashion brands
ACCC v Qantas and inflight meals at home
The Motor Vehicle Information Scheme and Honda and Panasonic in the first Fast and Furious heist
Make your own podcast with Google's NotebookLM
Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
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Crimes of Fashion: Louise Klamka on competition law in the world of haute (and not-so-haute) couture

Tue, 01 Oct 2024 17:00:00 +0000

Partner Louise Klamka takes us down the catwalk where fashion meets competition law. Is the Birkin bag in a market of its own? Is "accessible luxury" a contradiction in terms or a reason to keep Tapestry away from Capri? And how does this relate to industrial relations and ESG-washing? Plus supermarket discounts and the new Food and Grocery Code; new directions for competition law in the European Commission and the Courts; and the Australian Competition Tribunal gets ready for its new role in the merger review framework. All this and More Songs about Buildings and Food with co-hosts Moya Dodd and Matt Rubinstein.

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Trading Places: New ACCC Commissioner Dr Philip Williams on competition law and economics, concentration and paradigms.

Tue, 17 Sep 2024 17:00:00 +0000

New ACCC Commissioner Dr Philip Williams AM trades a long history in economics in the private sector and academia for a crucial role with the competition regulator. He joins partner Simon Muys to discuss the history and future of competition law and economics, from misuse of market power to the structure–conduct–performance paradigm. Plus we examine the proposed merger notification thresholds; Disney's in court for unfair contract terms and a sports joint venture; the new anti-siphoning list gets a workout; the CMA investigates Ticketmaster over Oasis tickets; and the long awaited amendments to the Privacy Act finally land. All this and dynamic pricing with co-hosts Moya Dodd and Matt Rubinstein.

Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
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NPR on Trading Places and the Eddie Murphy rule
G+T on the draft notification thresholds and their place in the new merger framework
More about motorway interchange design than you probably need to know
The Conversation on Disney's arbitration clause
Judge Margaret M. Garnett issues a preliminary injunction against the Venu sports streaming joint venture
The BBC on Oasis and Ticketmaster and Choice on dynamic pricing
G+T on the first tranche of amendments to the Privacy Act
The Bundeskartellamt on applying the Remondis clause to Remondis
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Not Guilty by Association: Tanya Macdonald on collaboration without collusion in industry associations.

Wed, 28 Aug 2024 00:04:26 +0000

Partner Tanya Macdonald on how industry associations and their members can promote industry, consumer and public interest goals while staying on the right side of the law. Plus Apple loosens up on contactless payments, with a few complications; the ACCC gets creative with Google search defaults; a 3-to-2 merger in credit reporting sails through; and the High Court gears up to untangle contracts, arrangements and understandings. All this and main characters of few words with co-hosts Moya Dodd and Matt Rubinstein.

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Handle the Jandal: NZCC Chief Economist Douglas Rathbun on Generative AI, Coffeenomics, and Competition Policy

Wed, 14 Aug 2024 06:31:22 +0000

NZCC Chief Economist and former DoJ Counsel Douglas Rathbun speaks to Special Counsel Haidee Leung about why New Zealand is the best place in the world to think about the future of competition policy, regulation of nascent technologies like generative AI, how the Commerce Commission is adapting to new challenges and, controversially, who really invented the flat white. Plus the US v Google judgment and what it means for search and beyond; submissions to the Treasury consultation on unfair trading practices and unfair contract terms in ASIC v PayPal; and the Digital Platform Services Inquiry rounds the final corner and hits the nitrous. All this and chapeaus, chaussures and chaussettes with co-hosts Moya Dodd and Matt Rubinstein .

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Draft Day: Elizabeth Avery and Simon Muys on the game-changing merger review reform Bill

Tue, 30 Jul 2024 05:56:16 +0000

The Government has released a hundred pages of draft amendments to the merger review framework, and partners Elizabeth Avery and Simon Muys talk us through the devil in all that detail. What does the new process mean for procedural fairness? How does the new test affect the whole of the competition law? Is this faster or a disaster, stronger or just longer, simpler or whatever rhymes with simpler? All this and what comes next with co-hosts Moya Dodd and Matt Rubinstein.

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Saving Ryan's Privacy: Melissa Fai on the big changes coming to privacy law and enforcement

Wed, 26 Jun 2024 22:38:45 +0000

Technology + Digital Partner Melissa Fai takes us through the seismic changes to the Privacy Act now expected in August, with new protections for individuals, obligations on business and powers for the regulator to match the massive increase in maximum penalties we saw in 2022. Plus more yellow cards for FIFA and other sports administrators in the courts; the backlog in submissions for Treasury competition and consumer consultations; antitrust trolling from the US congress; and federal relations return to the Competition Policy Review with the crafting of bright lines. All this and Matt Damon with co-hosts Moya Dodd and Matt Rubinstein.

Kynan Eng on the fictional cost of rescuing Matt Damon
FIFPRO Europe's statement on the case against FIFA and the Club World Cup 2025
L Edward Martin IV in the Houston Law Review on baseball's antitrust exemption
Submissions to Treasury on merger reform and unfair trading practices (pending)
The House Judiciary Committee Interim Staff Report on Decarbonization Collusion and the minority counter-report on a Bogus Antitrust Theory
G+T on ASIC's latest court win in greenwashing and the new climate-related financial disclosure framework
The Attorney-General's speech on coming changes to the Privacy Act
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Merger by Numbers: Elizabeth Avery and Xavier Keary on the new merger framework and venture capital

Thu, 13 Jun 2024 04:55:02 +0000

Elizabeth Avery and G+T Ventures head Xavier Keary investigate the coming collision of venture capital and the new merger proposals as the ACCC draws the line at market power. You can't enter a box junction unless your exit is clear -- is it the same for the startup sector, and what does that mean for economic dynamism? Plus merger reforms and AI were discussed and the Chatham House rule was observed at the Hodgekiss Competition Law Conference; market share thresholds and call in powers under the new merger framework; third parties do a Michelle Heyman around the ACCC’s decision in Brickworks v BGC and legal privilege in expert reports; private misuse of market power actions against Sony and more; and could school apps be a natural monopoly? All this and professional-grade sporting analogies with co-hosts Moya Dodd and Matt Rubinstein.

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Safety Not Guaranteed: Amelia McKellar on the ACCC's plans to turbo-charge Australia's consumer guarantees.

Tue, 28 May 2024 17:00:00 +0000

The ACCC is calling for reform to the consumer guarantee regime to make non-compliance a contravention — similar to unfair contract terms. Currently the guarantees are the top issue for complaints to the ACCC, and they can lead to millions in penalties even though they don't have the force of law. Special Counsel Amelia McKellar takes us through these paradoxes and what the ACCC wants to do about them. Plus the Budget fallout for competition laws and agencies, variations on Louis Dreyfus and cotton, the ACCC's reports on airline competition and data firms, and the evolution of search engines and how to opt out of it … All this and more time travel with co-hosts Moya Dodd and Matt Rubinstein.

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Altered Carbon: Romany Webb on regulatory approaches to carbon reduction and removal on the path to net zero and beyond

Wed, 15 May 2024 17:00:00 +0000

G+T alumna Romany Webb joins us from the Sabin Centre for Climate Change Law at Columbia University to talk about regulatory approaches to carbon dioxide reduction and removal on the critical path to net zero and beyond. Plus rethinking no-poach and non-compete agreements and competition law, more greenwashing action from ASIC and the ACCC, sky-high penalties for Qantas while Bonza is grounded, things get complicated at the Supermarket Prices Inquiry, and the history of Monopoly from Lizzie Magie to Barbie™. All this and more with co-hosts Moya Dodd and Matt Rubinstein.

The British Library on Lizzie Magie and the history of monopoly
Suki's pink Honda S2000 at the Petersen Automotive Museum
Treasury Consultation on Worker Non-Compete Clauses and Other Restraints and Assistant Minister Leigh's speech
G+T on the ACCC's action on Glad bags and ocean plastics
The Senate Greenwashing Inquiry hearings and ASIC Chair Joe Longo's speech on greenwashing and greenhushing
G+T on the Qantas settlement with the ACCC
The Senate Supermarket Prices Inquiry Final Report and MLex on its implications for merger reform
AFR on the PE firm behind Bonza
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Bonus Episode: Good Sports: Rachel Davis and Mary Harvey on how human rights principles from the business world have been applied to sport

Fri, 10 May 2024 03:16:29 +0000

In this bonus episode, we rejoin the ESG, Sport and Human Rights Forum, where host Moya Dodd spoke with Women's World Cup winner Mary Harvey, now the CEO of the Centre for Sport and Human Rights, and Rachel Davis, co-founder of the Shift Project and former independent chair of FIFA's Human Rights Advisory Board, about culture, sustainability, leadership and change through a human rights approach in the world of sport.

Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
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Dial M for Merger: Elizabeth Avery and Louise Klamka on Australia's new merger approval framework

Wed, 17 Apr 2024 06:46:43 +0000

The biggest shakeup of merger regulation in Australia in 50 years is coming into view. Partners Elizabeth Avery and Louise Klamka take us through the major changes and the devilish details that still need to be settled, with additional commentary from partner Simon Muys and winning visualisations from Treasury. Is this faster, stronger and simpler, or just harder? More transparent or less accountable? Plus grocery inquiries and divestiture powers, Soviet industrial policy, irrebuttable presumptions and the ACCC looks for a meeting of the minds with the High Court on the nature of threats and understandings. All this and Rebel Wilson with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast.

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Chilling Effects: Anne Catherine Faye on antitrust, economics and sustainability

Tue, 02 Apr 2024 16:00:00 +0000

Anne Catherine Faye, Economist and Counsel to the Chair of the American Bar Association's Antitrust Section, takes us through the complicated landscape of antitrust, economics and sustainability in the US and beyond. Plus the Department of Justice goes bobbing for Apple, the Epic case gets underway in Australia, the Full Federal Court overturns the ACCC's win against the CFM(M)EU, and the Productivity Commission gets back in the game with the new National Competition Policy. All this and the Franklin's Tale with co-hosts Moya Dodd and Matt Rubinstein and senior correspondent Anna Belgiorno-Nettis.

US v Apple press release, press conference and complaint
MLex reporting on the Epic v everyone hearing
ACCC v CFM(M)EU Round 1, Round 2 and the ACCC's application for special leave to appeal to Round 3
The Marx Brothers on the secondary boycott provisions
C&C (music f) Act (ory) megamix
Productivity Commission's assessment of proposed National Competition Policy reforms
Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
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On the Money: Andrew Low on Digital Regulation, Digital Ecosystems and Digital Payments

Wed, 20 Mar 2024 02:37:46 +0000

Change is the only constant, but even change is changing as partner Andrew Low joins us to talk about digital regulation, digital ecosystems and digital payments, and the fight over access to a tiny part of your phone. Plus more constant than change in the ACCC's 2024–25 compliance and enforcement priorities, Epic's battle royale against Google and Apple lands on our island, gatekeepers land their European beachheads on DMA-day, ex-ante regulation proves to be easier said than done, and surf'n'turf at the Qteq cartel hearing. All this and our politicians' favourite films with co-hosts Moya Dodd and Matt Rubinstein.

Our update on the ACCC's 2024-25 compliance and enforcement priorities
Our update on the ACCC's focus on consumer guarantees
Our annual Competition + Consumer Law Insights publication for 2023-24
Dr Andrew Leigh in the Australian Book Review
The Barbie edition of Monopoly
Results of the RBA's 2022 Consumer Payments Survey
MLex's coverage of the ACCC v Qteq and Epic v Apple and Google hearings
RIP Kingsleys Brisbane
Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
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Kicking off: Ilona Millar and Rae Lindsay on ESG, Sustainability and Human Rights

Wed, 06 Mar 2024 02:20:27 +0000

G+T partner Ilona Millar and Business and Human Rights Lawyers Association Co-Chair Rae Lindsay on global ESG trends, corporate sustainability in Europe, and the unfolding impacts on Australian companies in the first part of a double-header on the emerging field of business and human rights.

Plus the Tribunal overturns the ref's call on the ANZ/Suncorp merger authorisation, but it's not all bad news for the ACCC; ex-post reviews of mergers; near-record criminal fines for a cartel; and even more Wonka and antitrust in pop culture.

All this and more next week with co-hosts Moya Dodd and Matt Rubinstein.

G+T on the Tribunal's authorisation of the ANZ/Suncorp merger
The ACCC's second ex-post review of past merger decisions
Mumbrella on Take 5's all-time classic headlines
ACCC on the criminal penalties in the waste cartel
Autorité de la Chalomet on the French chocolate cartel
Wikipedia on the incredible AI-assisted Willy's Chocolate Experience (archived)
Spencer Weber Waller's "A Pop Culture Guide to Antitrust" and sequel
Ben Stein on the Hawley-Smoot Tariff Act and the Laffer Curve
ACCC Chair Gina Cass-Gottlieb's AFR op-ed on digital platform regulation
Shop Talk: G+T's latest consumer law update
Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
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Merger on the Dancefloor: Partners Elizabeth Avery and Simon Muys with the latest on the merger reform debate

Wed, 21 Feb 2024 04:41:35 +0000

Partners Elizabeth Avery and Simon Muys take us through the latest on the merger reform debate, how the ACCC's position has evolved and how its package deal might be unbundled.

Plus time is a flat circle with supermarket inquiries and the cozzie livs, disrupting the Chocolate Cartel with Willy Dubs, expensive typos from Mariner I to the latest real estate scams, and dance hall revivals from West Ham to "No Whyalla Wipeout".

All this and more AI fingers with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge Podcast.

The great dance hall merger of 1926 via Trove
Macquarie Dictionary's word of the year for 2023
Cost of living and supermarket price inquiries from Prof Allan Fels, the Senate Select Committee, and Dr Craig Emerson
Skyhooks, "Horror Movie" for no particular reason
Justus Haucap & Christina Heldman, "On the sociology of cartels", European Journal of Law and Economics (2023) 56:289-323
The most expensive hyphen in history and a fairly expensive "s"
Elizabeth and Simon on merger reform in the AFR
Submissions to Treasury on merger reform from the ACCC (1 2 3) and the Law Council of Australia (1 2)
The Tech team on deepfakes and Peter Waters on AI in the law
Nadia Buttendorf's FINGERring vs Sam Kerr in the AFR.
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Everything Everywhere All At Once: Amelia McKellar and the Multi-Jurisdiction of Mergers

Wed, 07 Feb 2024 16:00:00 +0000

Special Counsel Amelia McKellar guides us through the multiverse of multijurisdictional ("MJ") mergers, and how to navigate the conjunction of thresholds, deadlines, agencies and advisers and arrive at the singularity of success. Plus submissions at 20 paces in the merger reform debate, Apple tells the regulators they've been holding it wrong, lessons in Wonkanomics, and a busy year ahead for the ACCC … All this and more with co-hosts Moya Dodd and Matt Rubinstein.

- Submissions from the ACCC and the Law Council on the merger reform proposals
- Apple's changes in response to the European Digital Markets Act
- The Maine milk-truck drivers and the Oxford comma
- Willy Wonka and the Chocolate Cartel
- Illumina lets go of Grail
- The ACCC's new Supermarkets Inquiry 2024-25

The inaugural 2nd Anniversary End of Year Holiday Season Speak Now Podcast Survey
Try the new competition law-themed cryptic crossword at crossword.info/edge
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The view from 9,144 metres: Professor Frédéric Jenny on climate change, AI and digital platforms

Tue, 19 Dec 2023 03:48:04 +0000

OECD Competition Committee Chair Professor Frédéric Jenny joins us to talk about the long arc of the competition law universe, from the Chicago School through COVID to climate change, digital platforms and artificial intelligence. Plus motorways and Rebel Wilson, the inaugural GCR Live conference in Sydney, greenwashing ocean-bound plastics, both kinds of RPM, the Government response to Reppo No. 5 and the ACCC's call for ex ante regulation, and Epic's saga against Google. All this and a new competition law cryptic crossword with co-hosts Moya Dodd and Matt Rubinstein

The inaugural 2nd Anniversary End of Year Holiday Season Speak Now Podcast Survey
Try the new competition law-themed cryptic crossword at crossword.info/edge
OECD Roundtable on Competition and Professional Sports ft. Moya Dodd
GCR reporting on the merger proposals, cartel enforcement and keynote address
All the options on the Android search engine choice pages
ACCC on ocean plastic* yoghurt tubs and ACC on avocado injuries
Techtronic RPM vs Technotronic RPM
Government response to DPSI5 recommendations
Donald Knuth's Potrzebie System of Weights and Measures
Meet the Gilbert + Tobin Competition + Regulation team
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I'm the Problem, It's Me: Liana Witt on individual liability for competition law contraventions

Wed, 29 Nov 2023 03:24:51 +0000

Even as maximum corporate penalties go through the roof, there may be more deterrence in pursuing a business's officers and employees. Partner Liana Witt talks us through individual liability for competition law contraventions and how not to end up as the anti-hero. Plus Treasury consults on changes to the merger process; new leadership and new expectations for the Productivity Commission; the High Court hits the ground running; and when's the ACCC going to drop another competition court case? All this and evermore with co-hosts Moya Dodd and Matt Rubinstein.

The inaugural 2nd Anniversary End of Year Holiday Season Speak Now Podcast Survey
G+T on the Treasury consultation on merger review process proposals
MLex on the ACCC's Marcus Bezzi and the merger reform proposals
Two A.I. "covers" of Taylor Swift singing Radiohead's "Creep"
More on Alex Morgan and Taylor Swift
New Productivity Commission Chair Danielle Wood on the ABC's 7.30
High Court Ceremonial Sittings for Gageler CJ and Beech-Jones J
"Listening to Taylor Swift in Prison" by Joe Garcia in The New Yorker
MLex, "Has the will to win chilled the Australian watchdog's antitrust-enforcement campaign?"
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Power to the People: Geoff Petersen on the implications of the Origin Energy authorisation and the race to connect renewable power generation to the network

Mon, 20 Nov 2023 03:48:07 +0000

Partner Geoff Petersen gives us the buzz on the new National Energy Objectives, which now include the reduction of greenhouse gas emissions, the ACCC's authorisation of Brookfield’s acquisition of Origin Energy on green grounds, and what they mean for competition as the energy transition accelerates. Plus A.I. from the Beatles to Bletchley Park; the full line-up of the Competition Review Expert Advisory Panel; turning up the volume on the merger process debate; and what really is a Ticket to Ride? … All this and more with co-hosts Moya Dodd and Matt Rubinstein.

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Flying High! What’s on the Radar in the Airline Sector with Louise Klamka

Wed, 08 Nov 2023 04:40:58 +0000

Partner Louise Klamka reads the contrails on the airline sector, including the ACCC's case against Qantas and its rejection of Qantas's acquisition of Alliance, the Government's Aviation White Paper, the Senate Inquiry into Bilateral Air Service Agreements and the need to look closely at the role airports play in aviation competition. Plus competition vs climate in the Brookfield/MidOcean acquisition of Origin Energy, taxes and treason in the High Court's electric vehicle ruling, A.I. fought the law and nobody won, and quixotic projects with the International Competition Network in Barcelona. All this and more with co-hosts Moya Dodd and Matt Rubinstein.

G+T on the ACCC's authorisation of the Origin acquisition
The High Court takes on electric vehicle charging in Vanderstock v Victoria
"Heart on my Sleeve" by Drake A.I.
The NO FAKES Act, smh
Pras Michel's motion for a new trial
The Select Committee on Commonwealth Bilateral Air Service Agreements
The role of courts in antitrust law at the ICN Conference in Barcelona
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What does Prof Fox say? NYU antitrust legend Eleanor Fox on international antitrust trends and lessons for Australia.

Tue, 17 Oct 2023 22:25:57 +0000

NYU antitrust legend Eleanor Fox joins us to discuss the evolving nature of antitrust; the tensions between agencies, lawmakers and courts; and convergence and divergence between competition law jurisdictions. Plus negotiating AI in Brussels and Hollywood, a clearer picture of the FTC's case against Amazon's "Project Nessie", and late changes to the High Court's starting seven. All this and more with co-hosts Moya Dodd and Matt Rubinstein.

Summary of the WGA agreement with studios and EU Parliament's version of the A.I. Act
The Simpsons imagines a world without lawyers
Peter Waters on A.I. in Europe, in Big Tech, in Domestic Work, in the Supply Chain and in Pricing Algorithms
The Verge on additional details about Project Nessie
Prof Eleanor M. Fox on just about everything
Appointments to the High Court of Australia
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Surrey with the Fringe on Top with Elizabeth Avery and Louise Klamka

Wed, 04 Oct 2023 03:57:53 +0000

Partners Elizabeth Avery and Louisa Klamka return from the International Antitrust Forum in the home counties with all the latest on competition practice and enforcement around the world. Regulators are embracing novel theories of harm, but what do the courts think? All will be revealed – to the extent permitted by the Chatham House Rule. Plus the Matildas make the anti-siphoning list, the ACCC tells Transurban to take the rat run, Microsoft nears the end credits in its quest for Activision, and the FTC takes another stab at its white whale, or lake monster. All this and economic dynamism with co-hosts Moya Dodd and Matt Rubinstein.

Harry and Sally on the singing machine
Matildas on the anti-siphoning list release and notice
G+T on the ACCC's decision to oppose Transurban/EastLink
A timeline of the Microsoft/Activision merger from The Verge
FTC v Amazon release and complaint
Productivity Commission and Grattan Institute reports on concentration
New Productivity Commission Chair Danielle Wood on MLex and Economics Explored
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Classical Gas: Jeremy Jose on the rolling boil of gas market regulation.

Wed, 20 Sep 2023 02:36:40 +0000

Partner Jeremy Jose brings us up to date on the rolling boil that is gas market regulation in Australia. What's the latest on the gas trigger, the price cap and the mandatory code of conduct, and how is this helping us towards net-zero? Plus consumer protection and the Women's World Cup, record penalties for the ACCC with more on the runway, more to the Triple Threat than meets the eye, a new kind of competition policy review and all the news on unfair trading practices and contract terms. All this and one or two Simpsons references with co-hosts Moya Dodd and Matt Rubinstein.

Robert B. Reich and Hugh Jackman on The Simpsons
The National Anti-Scam Centre and Moya on the Matildas
The Hons Drs Jim Chalmers and Andrew Leigh on the new Competition Taskforce
All the Matildas' goals in the World Cup, because why not
G+T on the record consumer law penalties against Phoenix
ACCC on its action against Qantas
Chair Gina Cass-Gottlieb's speech on the ACCC's role in gas markets
Treasury's consultation on unfair trading practices
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The answer to everything? A.I. governance and ethics with Prof Ed Santow, Simon Burns, Andrew Hii and Jen Bradley

Wed, 26 Jul 2023 02:45:13 +0000

Former Human Rights Commissioner Prof Ed Santow of the UTS Human Technology Institute joins G+T's Simon Burns, Andrew Hii and Jen Bradley to discuss A.I. governance and ethics, sexy powerpoints and The Simpsons.

Plus the Microsoft/Activision merger levels up, the ACCC grapples with greenwashing, the Tower of Babel is looking kind of shaky, and what's the deal with Secure-a-Spot not securing a spot?

All this and Go The Matildas! with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast.

Links in the shownotes:

The Verge has the latest on Microsoft/Activision, except for these sketches from the District Court
ACCC interim authorisation for collaboration in the transition to renewable electricity
G+T on the ACCC's draft greenwashing guidelines
G+T on A.I. and the Tower of Babel
ACCC v Secure Parking alleging misleading claims about "Secure-a-Spot" service
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Collaboration or collusion? Competition and sustainability agreements with Elizabeth Avery and Radha Rathi.

Mon, 17 Jul 2023 03:51:08 +0000

Collaboration or Collusion? Partner Elizabeth Avery and lawyer Radha Rathi run the ruler over agreements between rivals for sustainability goals, as authorities around the world weigh the competitive landscape against the actual one. Plus traffic lights for toll roads, the sound of mergers, dark patterns in the FTC's case against Amazon, a Marxist critique of artificial intelligence, and fusion cells or hit squads take down investment scams … All this and a looming World Cup with co-hosts Moya Dodd and Matt Rubinstein

ACCC on Transurban's acquisitions of WestConnex and EastLink
Get your NSW toll road data at nswtollroaddata.com
Cece Bell on her graphic novel El Deafo, now a series on Apple TV+
Read the FTC's dark patterns complaint against Amazon
New York Magazine/The Verge, Inside the AI Factory/AI is a Lot of Work
Aleks Wansbrough, What would Marx make of ChatGPT?
Elizabeth Avery and Radha Rathi on Competitor Collaborations for Environmental Goals
Greek and Dutch competition authorities on competition law and sustainability agreements
ACCC and ASIC on the National Anti-Scam Centre's first fusion cell
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The road to net zero with Ilona Millar

Tue, 27 Jun 2023 23:02:05 +0000

Climate change and sustainability partner Ilona Millar takes us through the new obligations and imperatives facing many businesses to address their environmental impacts -- individually or through industry collaborations. Plus the ACCC solves a cashflow problem in the Prosegur/Armaguard authorisation, the global golf merger gets into the rough, fresh legs on the field of competition and regulation field. All this and more sports references with with co-hosts Moya Dodd AO and Matt Rubinstein NST.

ACCC authorises the Prosegur/Armaguard merger
Is that a Goulburn Valley canned deciduous fruit snack?
Vox's interview with Tim Wu on the LIV Golf/PGA situation
The OAIC's FOI disclosure log
Ceremonial Sitting of the Full Federal Court to welcome Chief Justice Mortimer
Ilona Millar and the team on the Safeguard Mechanism
ACCC response to FOI Request 100067/2022-2023 on documents relating to the proposed changes to Australia's merger laws
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No-poachers and gamekeepers: DOJ economist Dr Brian Clark on antitrust, labour markets and Stephen King.

Wed, 14 Jun 2023 02:03:26 +0000

US DOJ economist Dr Brian Clark joins us to talk about equity and antitrust, labor and monopsony markets, and what Stephen King has in common with poultry processors. Plus the latest on Microsoft's Activision acquisition from the CMA, DG COMP, the FTC and the ACCC, Woolworths' Karabar carry-on, Justice French's arsonist bounces into life, and lawyers learn the limits of large language models.

Tim Lapetino's The Art of Atari
EVP Margrethe Vestager on behavioural remedies and Microsoft
ACCC v Woolworths and Karabar I and II
ABC News on jumping castle arson attacks
Katharine Kemp, "The Case Against French J's Arsonist" (2015) 43 ABLR 228
DC District Court opinion re Penguin Random House/Simon & Schuster
CNBC on name, image and likeness rights and women's college sports
ChatGPT on whether a lawyer should use ChatGPT for legal citations
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Springtime in Washington: Anna Belgiorno-Nettis on global developments and local implications from the world's largest antitrust meeting.

Wed, 17 May 2023 01:45:50 +0000

Springtime in Washington: G+T lawyer Anna Belgiorno-Nettis spoke at the world's largest antitrust meeting and now reports back on equity and fairness in competition law, how the major antitrust jurisdictions are getting things done, and how Australia stacks up. Plus the world's friendliest conference and the Chatham House rule, the latest on digital platforms, including the UK's DMU and DMCC and the EU's DMA and DSA, and the godfathers of artificial intelligence and stupidity … All this and more with co-hosts Moya Dodd and Matt Rubinstein

"Springtime in Washington" (1971) by Alma Woodsey Thomas
ACCC Chair Gina Cass-Gottlieb and Commissioner Liza Carver at the Hodgekiss Competition Law Conference
The Chatham House Rule (official) and the Cider House Rules (wrongly reported by ChatGPT)
Writers Guild of America demands and counters
ACCC DPSI Interim Report No. 6 on social media services
The UK Digital Markets, Competition and Consumers Bill
MLex on designations under the European Digital Markets Act and Digital Services Act
G+T on Artificial Intelligence and misinformation
Vox on chatbots from Eliza to ChatGPT
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The Port Report with Sarah Lynch

Wed, 03 May 2023 02:55:23 +0000

Special Counsel Sarah Lynch brings us all sorts of reports on ports, as NSW Ports scores a win against the ACCC and critical infrastructure and privatisation remain in the crosshairs for regulators and enforcers. Plus the ACCC's plans to overhaul merger approvals and turn back the Qantas acquisition of Alliance; the new Stanford AI Index and our own index of Als and Alis; severed Viking heads and Norse poetry. All this and more with co-hosts Moya Dodd and Matt Rubinstein

G+T on the ACCC's proposed reforms to Australia's merger control regime
ACCC on its opposition to Qantas's acquisition of Alliance Aviation Services
Arsenal ft Steph Catley forced to alight from burning plane
An actual first draft of Yellowjackets
Macquarie Dictionary's words of the year for 2022
G+T's Peter Waters on the Stanford Al Index Report Part 1 and Part 2
ACCC v NSW Ports First Instance and Appeal
G+T on the new NSW Government's Infrastructure Red Book
Women's World Cup ticketing kerfuffles then and now
The Skaldic Project's big list of kennings and list of big kennings
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Marathon Man: The Hon Dr Andrew Leigh MP, Assistant Minister for Competition, Charities and Treasury, on justice, equality and the friendliness of the long-distance runner.

Thu, 30 Mar 2023 04:56:27 +0000

It's been a busy first year for the new Australian government, with big changes in competition and consumer law and regulation and plenty more to come. Dr Leigh MP tells us what brought him to his portfolio, what keeps him going and how he sees concentration in Australian markets.

Plus the Productivity Inquiry meets the Economic Dynamism Inquiry, a virtual ecosystem of digital ecosystem news from dating to default dance moves, and a High Court victory for Botox alternatives and comparative advertising.

All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast.

The Final Report of the Productivity Commission's Productivity Inquiry, Advancing Prosperity
The House Economics Committee's Inquiry Into Promoting Economic Dynamism, Competition and Business Formation
G+T on the Digital Platform Services Inquiry's Interim Report No. 7 on expanding digital ecosystems
FTC press release on its final order against Fortnite for dark patterns
MLex on Dutch dating apps swiping left on Apple's App store commitments
G+T on the High Court decision on Botox v Protox
All the latest from Dr Andrew Leigh MP
The longest West Wing walk-and-talk
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Florence + the Machine: Partner Simon Muys on developments in European competition law and the recent IBA Conference in the Tuscan capital.

Tue, 14 Mar 2023 22:16:05 +0000

Partner Simon Muys returns from the International Bar Association Competition Conference in Italy with the latest developments in European competition law, digging into the Jarndyce-scale Intel litigation and the Illumina/Grail blood offering. What do these trends reveal and what do they mean for Australia in a time of global antitrust coordination and domestic change? We ask the Machine.

Plus we look at the ACCC's new enforcement and compliance priorities and its recent green sweep, short thoughts on the ports in the courts, what's next for the Digital Platform Services Inquiry, the release of our annual analysis of competition enforcement, and smurf-smurfing at the Smurfic Games (or the Olympic Smurfs) …

All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.

G+T's summary of the ACCC's 2023-24 compliance and enforcement priorities
G+T's competition and consumer law year in review
Australian Financial Review interview with ACCC Deputy Chair Catriona Lowe
G+T's summary of ASIC's greenwashing action against Mercer
The Guardian on price-fixing at the Tokyo Olympics
The Danish Competition and Consumer Authority on detecting collusion with computational methods
The Battler's Prince
The Competitive Edge Cryptic Crossword #3
Meet the Gilbert + Tobin Competition + Regulation team

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Fair Game: The role of fairness in competition and consumer law with ACCC Chair Gina Cass-Gottlieb, consumer advocate Gerard Brody and G+T partner Elizabeth Avery.

Wed, 01 Mar 2023 16:00:00 +0000

ACCC Chair Gina Cass-Gottlieb, consumer advocate Gerard Brody and G+T partner Elizabeth Avery discuss the role of fairness in competition and consumer law and the proposed prohibition on unfair trading practices . With a special introduction from Assistant Minister for Competition Dr Andrew Leigh. Plus a course change for privacy protections with the Attorney-General's Report, cartels and creature comforts in the Pilbara, ambition and distraction at the Federal Trade Commission, and word-checking the Treasurer's essay on markets

Links:

Highlights and hot takes on the Privacy Act Review from G+T's Technology + Digital team
ACCC on alleged bid-rigging in mining camp IT and entertainment services
Laurel Henning's interview with ACCC Chair Gina Cass-Gottlieb in Mlex
FTC policy statement on expansion of unfair methods of competition and Commissioner Wilson's dissent
"Hold On" (1990) by Wilson Phillips
Background and summary of the recent unfairness panel at G+T
Capitalism After the Crisis by The Hon Dr Jim Chalmers MP, Treasurer
Senate Economics Committee discusses the Treasurer's essay (skip to 16:14:30)
GCR's Q&A with Chair Olha Pishchanska of Ukraine's Anti-Monopoly Committee
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Straight Outta Competition: Dr Philip Marsden on specialist tech regulation, ultramarathons and bringing rap to competition law

Thu, 16 Feb 2023 01:40:27 +0000

Dr Philip Marsden is a Professor of Law and Economics, an ultra-marathon runner, an antitrust rapper and a co-author of the Furman report into digital competition, and he joins us to talk about all these things and more. Plus everything that's happened since the last episode: regulations, consultations, user locations, triangulations, revised variations, and artificial intelligence gets fast and furious. All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.

Treasury consultation on Digital Platform Regulatory Reform
Jeremy Jose on the gas price cap in the Australian Financial Review
ACCC consultation on the NBN Revised Variation to the Special Access Undertaking
All 25 of Claude's absurd Fast & Furious movie titles
Digital Competition Expert Panel, Unlocking Digital Competition ft. Dr Philip Marsden
Dr Philip Marsden's original antitrust rap.
Meet the Gilbert + Tobin Competition + Regulation team
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Number Five is Alive: ACCC Digital Platforms chief Kate Reader on the latest report of the big tech inquiry and the argument for upfront regulation.

Sun, 11 Dec 2022 23:29:43 +0000

Half-time at the ACCC's five-year Digital Platform Services Inquiry sees the agency reflecting on changes in the high-tech sector and recommending a new approach to regulation, with up-front or ex-ante rulemaking in additional to traditional enforcement. Digital Platforms Branch General Manager Kate Reader discusses the ACCC's proposals and what they would mean for big tech, small business and consumers.

Plus turf wars and concerted practices, government action on privacy and buy-now-pay-later arrangements, and Swift justice for Ticketmaster. All this and more with co-hosts Moya Dodd and Matt Rubinstein on The Competitive Edge with Gilbert + Tobin.

G+T on the ACCC's first concerted practices enforcement outcome against Lawn Solutions Australia
MLex reporting on Attorney-General Mark Dreyfus and Information and Privacy Commissioner Angelene Falk at the IAPP Summit 2022
The Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 has finally passed both houses
G+T on Treasury's consultation on the regulation of buy now, pay later services
G+T's deep dive into the ACCC's Digital Platform Services Inquiry Interim Report No. 5
Senator Amy Klobuchar's letter to Ticketmaster following Taylor Swift ticketing issues
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Work in Progress: Elizabeth Avery on progressive antitrust in the US and beyond

Thu, 24 Nov 2022 03:43:48 +0000

Group leader Elizabeth Avery reports from a world tour of competition law conferences with an update on the new progressive antitrust which is quickly occupying the mainstream in the US, Europe and beyond. Plus ex ante or up-front regulation on the horizon with latest Interim Report in the Digital Platform Services Inquiry, an update on merger reform proposals, a lamentable rise in poetry scams, and class actions for cyber incidents. All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.

Links:

The ACCC's Digital Platform Services Inquiry Interim Report, September 2022 (Reppo No. 5)
G+T's take on the Interim Report
The Northern Ireland Assembly commissioned a briefing paper on the etymology of "ombudsman"
Scams Awareness Week 2022 at Scamwatch.
IP + Tech partner Michael Williams talks to the Law Society Journal about privacy and data breaches.
Speeches from the 49th Fordham Antitrust Conference: FTC Chair Lina Khan, DOJ AAG Jonathan Kanter, EC EVP Margrethe Vestager, and ACCCCGCG.
FTC Chair Lina Khan's address to Utah Law conference: "The New Roaring Twenties: the Progressive Agenda for Antitrust and Consumer Protection".
MLex, "Big Tech could still face tailor-made merger thresholds in Australia, antitrust chief says" [$]
Meet the Gilbert + Tobin Competition + Regulation team

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From Fibre to Cyber with the Hon Michelle Rowland, Minister for Communications

Wed, 09 Nov 2022 22:28:45 +0000

Our illustrious alum the Hon Michelle Rowland, Minister for Communications, joins us to talk about the broadband repair job, sports broadcasting in the age of streaming, cyber security and the road from G+T to the Ministry. Plus new penalties for privacy breaches after Optus and Medibank; antitrust tackles the gender pay gap in Mexican football; and we're going a bit crazy waiting for DPSI Interim Report No 5. All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.

Links:

The new Privacy Bill and the old Privacy Act Review
MLex's reporting on ACCC Chair Gina Cass-Gottlieb and Cofece's Heidi Sada at the Antitrust in Developing & Emerging Economies conference
The proposed US (of course) Communications Over Various Feeds Electronically For Engagement or COVFEFE Act of 2017
How to really pronounce "GIF" at howtoreallypronouncegif.com
The Minister wants YOU for the Anti-Siphoning Review
Peter Waters on the US Blueprint for an AI Bill of Rights
Ladies and Gentlemen, the original Mambo #5
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A.I. Artificial Intelligence: Regulator challenges and learning on the job with Peter Waters.

Thu, 27 Oct 2022 23:20:17 +0000

Are regulators ready for AI? Or do they need AI to help them? Peter Waters decodes the multiple challenges regulators face, and reprograms us for an innovation mindset as AI reaches from human brains to horses' feet, from detecting cartels to creating questionable art.

Plus a new sequel to the Hilmer and Harper reforms, new merger process proposals on the horizon, and small duchesses and scant batchelors in the slate roofing cartel. All this and more on the latest episode, with co-hosts Moya Dodd and Matt Rubinstein.

Dr Andrew Leigh MP's speech on new competition policy reforms
ACCC at the House Economics Committee on Parliament TV
Alan Turing Institute on Common Regulatory Capacity for AI
Dr Allan McCay on Neurotechnology, Law and the Legal Profession
Peter Waters and the team on A.I. art for the masses
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Green Zone: Power shifts in state and national regulation in energy and beyond, with Special Counsel Geoff Petersen.

Tue, 11 Oct 2022 23:32:22 +0000

It's state vs state as national regulation lags behind environmental imperatives. Special Counsel Geoff Petersen takes us through how regulated industries are shaped by the turbulent history of federalism - including Mark Twain's train ride to Albury. Plus the real takeaway from the Optus hack, new maximum penalties, an overhaul of unfair contract terms provisions and we raise the curtain on Opera Australia under its new Chair. All this and more with co-hosts Moya Dodd and Matt Rubinstein.

Simon Burns and Lesley Sutton on the Optus hack
G+T on the new bill to increase penalties and prohibit unfair contract terms
Justice Jagot's Bannerman lecture and Her Honour's paper on Matt's favourite competition law issue
Mark Twain on "the most baffling and unaccountable marvel that Australasia can show"
Hear the Pearl Fishers' Duet with Jussi Björling and Robert Merrill (1950)
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SoCal Hero: USC Professor Danny Sokol on digital platforms, why the rush to ex ante regulation, and soup

Fri, 16 Sep 2022 00:54:31 +0000

USC Professor Danny Sokol joins Partner Louise Klamka and Special Counsel Haidee Leung to interrogate the need for digital specific regulation. Why the rush for ex ante rules? What are the risks for Australia's transition to a more digital future? And what does all this have to do with soup? Plus two red lights from the ACCC for Qantas, what The Merge means for the future of Web3, no ports in a perfect storm for the Port of Geelong, and we creep up on small geographic markets in Woolworths' latest acquisition effort.

ACCC on Karabar then and now, and Prof Julie Clarke on Creepy Acquisitions Discussions Papers and Bills
Compare the ACCC's 2019 and 2022 Statements of Issues on Qantas/Alliance
ACCC register and media release on the Port of Geelong
Parliamentary Inquiry into the implications of common ownership and capital concentration
The Verge on The Merge
Mark Knopfler, Going Home (Theme of the Local Hero) on YouTube
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Clash of the Titans: Competition and IP go head-to-head as partners Susan Jones and John Lee discuss the Celgene/Juno patent settlement authorisation.

Wed, 31 Aug 2022 00:15:41 +0000

Monopolies! Competition law hates them, intellectual property law creates them. It's not that simple, but the two areas of law often find themselves in conflict, and in Australia they've been unleashed on each other after the repeal of a key exemption. Competition partner Susan Jones and IP partner John Lee dissect the issues after pharma competitors Celgene and Juno failed to get their patent settlement agreement authorised by the ACCC.

Plus punishing (or at least deterring) penalties proposed, good news and bad news for Google in location tracking and defamation cases, and myths and legends from Olympus to the Olympics while the AEMO fiddles with the national energy objectives. All this and more with co-hosts Moya Dodd and Matt Rubinstein on The Competitive Edge with Gilbert + Tobin.

G+T's update on the proposed penalty increases
Celgene/Juno on the ACCC's authorisation register
More from John and Susan with special guests at the G+T/Legal 500 webinar in May
Google pays in the Federal Court but wins in the High Court
Check out the new National Energy Transformation Partnership
Meet the Gilbert + Tobin Competition + Regulation team
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London Calling: Richard Feasey rings the bell on communications regulation in the past, present and future.

Wed, 17 Aug 2022 05:16:19 +0000

The telecommunications industry has been a crucible of competition and regulation for decades, and it's now on the frontline of debates ranging from digital platforms to AI and data. Industry veteran Richard Feasey connects the history and the future of technology and regulation. Plus antitrust in sport and horror, a new chapter for the National Broadband Network, and more…

Jenny Dempsey on the evolution of telephone numbers
"A Good Walk Spoiled" from Malcolm Gladwell's Revisionist History podcast
New York Times, "PGA Tour Can Bar LIV Golfers From Playoff, Judge Rules"
Department of Justice vs Penguin Random House and Simon & Schuster
True History of the 2022 Variation of the Special Access Undertaking
Meet the Gilbert + Tobin Competition + Regulation team

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Edge of Tomorrow: regulating for an uncertain future with Andrew Low

Tue, 02 Aug 2022 23:24:41 +0000

When everything is changing, everywhere and all at once, how do competition law and regulation keep up? New partner Andrew Low talks us through the shift from absolutes to a more precise approach in technology markets and beyond. Plus a few hints from—and to—the new government, more fallout from the Country Care case, and another crossword!

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Guardian interview with Assistant Minister for Competition Andrew Leigh
ACCC incoming brief to the new Treasurer [redacted]
MLex, "Australian judge says his decision to expunge lay meaning of 'competition' may have been wrong" ($)
AAP, "$26m Uber fine excessive, judge believes"
The ACCC/AER Regulatory Conference 2022 program—usually updated with slides when available
Solve our new competition and regulatory-themed cryptic crossword!

Meet the Gilbert + Tobin Competition + Regulation team

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Special Episode: Clerkships, canapés and competition law at Gilbert + Tobin

Tue, 05 Jul 2022 04:28:47 +0000

Why should you start your legal career in Australia’s leading competition and regulation practice? Recent grads Asha Keaney and Amelia Douglass, partners Louise Klamka and Charles Coorey, and some old friends who’ve moved on to great things let us know in this special episode. Hear what they think about the people, the opportunities and the firm’s focus on innovation and social impact.

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Visit our website for details regarding the selection process for each office and to access the application form https://www.gtlaw.com.au/careers/students/clerks
Students can also get in touch with us via gtcareers@gtlaw.com.au
Meet the Gilbert + Tobin Competition + Regulation team
Try our competition law cryptic crossword like Justice Wigney would want you to

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How Greenwash My Valley? Electricity regulation and environmental claims with Jeremy Jose

Wed, 22 Jun 2022 03:49:19 +0000

Energy markets are in turmoil, the road to net-zero is bumpy, and regulators have greenwashing in the crosshairs. New partner Jeremy Jose unpacks the power plays. Plus Australia's first jail sentences for cartel conduct, we're all royal-watchers now, and your cryptic crossword awaits.

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ACCC Inquiry into the National Electricity Market - May 2022 with Addendum on the recent developments
Judgment in the CDPP v Vina Money Transfer case, and an MLex roundup ($) with ACCC comments
Pew Research poll on US attitudes towards tech regulation
The crossword
Meet the Gilbert + Tobin Competition + Regulation team

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Wake in fright: dawn raids and cartel investigations with Tanya Macdonald

Thu, 09 Jun 2022 01:27:44 +0000

Knock, knock. Now what? It’s no joke when the ACCC conducts a dawn raid. New partner Tanya Macdonald talks with Moya Dodd about how you and your staff can survive – or even avoid - the most confronting investigations. Plus Matt Rubinstein takes us around the grounds: Australia's new government looks to ramp up competition law enforcement, the NBN's new undertaking gets a WACC, the ACCC raises a dispute with Mastercard, and more.

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Check out our Smart Counsel guide on dealing with dawn raids and warrants
Spot the difference: ACCC on Visa and Mastercard in the least-cost routing scrap, and the Labor party's competition platform in 2019 and 2022.
ACCC Chair Gina Cass-Gottlieb at the ICN2022 Unilateral Conduct Keynote & Plenary
Try our competition law cryptic crossword like Justice Wigney would want you to
Meet the Gilbert + Tobin Competition + Regulation team

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Competition vs Privacy with Dr Katharine Kemp

Thu, 26 May 2022 03:15:10 +0000

What happens when antitrust and privacy go head-to-head? UNSW Senior Lecturer Dr Katharine Kemp joins us to map the collision course between competitive markets and fundamental rights. Plus the algorithm is gonna get ya, smart cars and dumb movies, and an extremely niche timewaster.

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ACCC on Trivago's $44.7 million penalty
ACCC on Uber's $26 million penalty
G+T T+D on the regulation of in-vehicle data sharing in the EU and Australia
Alyssa Bereznak on hacking cars in The Fate of the Furious and real life
G+T chapter on GTDT: Dominance in Australia (SFW)
The Competitive Edge Cryptic Crossword #1 (with thanks to Justice Wigney)
David Astle on Cryptic Crosswords in the Sydney Morning Herald
Meet the Gilbert + Tobin Competition + Regulation team

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Priorities on Parade: the ACCC in a time of change

Sun, 15 May 2022 17:00:00 +0000

What are the ACCC's priorities and what difference will new leadership make? Former ACCC Chair Rod Sims announced an ambitious policy agenda for 2022–23 just weeks before handing the keys to new Chair Gina Cass-Gottlieb.

Senior partner and Head of the Competition + Regulation practice group Elizabeth Avery helps us navigate the road ahead.

Plus carmakers get pulled over, Australia and New Zealand move closer together, and more…

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Priorities on Parade. Directed by Albert S. Rogell, Paramount Pictures, 1942
The Marker. Directed by Jonathan Gilbert, Burning House for ACCC, 2012
Cartel Conduct–Price Fixing and Cartel Conduct–Market Sharing, Rainger & Rolfe for NZ Commerce Commission, 2020.
van Erp, J. Anti-cartel thrillers as a new film genre: How regulator-produced films portray and problematize cartels and communicate deterrence. Crime, Media, Culture. 2018;14(2):229-246
CDPP v Citi & Ors [2021] FCA 1345 per Wigney J at [246]
ACCC Chair: annual enforcement and compliance policy update, CEDA, 3 March 2022
Meet the Gilbert + Tobin Competition + Regulation team

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It's a gas! Or is it? Energy regulation in a time of war and decarbonisation

Mon, 11 Apr 2022 23:31:36 +0000

When the energy regulator publicly asks existential questions about its own legislated regulatory framework, we know the world is changing. Hear energy expert and Special Counsel Geoff Petersen talk us through the buzz on energy regulation, as the world aspires to net zero while grappling with the fallout from Russia's invasion of Ukraine. Plus, things that chill competition for ice-creams and a look at why some big mergers have been abandoned.

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The IPCC Working Group III Report on climate change mitigation
Eddie White's illustrations of vintage Australian single serve ice cream products
A brief history of the BBC Micro and ARM
Concerns about Snowy Hydro 2.0
Electric vehicles as batteries on wheels
Meet the Gilbert + Tobin Competition + Regulation team

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Flight control: airline competition and regulation in a disrupted world.

Mon, 28 Mar 2022 16:00:00 +0000

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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The Anti-Monopoly Committee of Ukraine's website is down but they're on Facebook and Twitter
Read the AER's Transparency Review of AEMO's Draft 2022 Integrated System Plan, if you dare
The Washington Post ranks laws by the quality of their acronyms
Meet the Gilbert + Tobin Competition + Regulation team

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The Big Interview: Gina Cass-Gottlieb, incoming ACCC Chair

Fri, 18 Mar 2022 08:34:00 +0000

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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G+T update on ACCC's compliance and enforcement priorities
ACCC's discussion paper on updating competition and consumer law for digital platforms
Meet the Gilbert + Tobin Competition + Regulation team

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Unfair terms in standard form contracts -- what do the coming changes mean for you?

Tue, 07 Dec 2021 06:04:00 +0000

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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Links from the episode:

Charles Coorey's client update on the Unfair Contract Terms proposal.
ACCC v Techtronic announcement with real concise statement of facts.
Official website of the Consumer Data Right.
More than you need to know about the copyright history of James Bond, with 007-level product placement from HeinOnline.
Meet the Gilbert + Tobin Competition + Regulation team

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The singularity approaches! How can regulation keep up with artificial intelligence?

Mon, 22 Nov 2021 16:00:00 +0000

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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Links from the episode:

Prof Anina Rich of Macquarie University on the Baader-Meinhof phenomenon
2020 Paper on Competition Policy and Environmental Sustainability ft. Simon Holmes
Stanford University's 2021 A.I. Index Report
The Australian Energy Regulator's Regulating Gas Pipelines Under Uncertainty: Information Paper
Meet the Gilbert + Tobin Competition + Regulation team

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Antitrust hipsters are going mainstream around the world -- but what about Australia?

Mon, 08 Nov 2021 23:33:00 +0000

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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Links from the episode:

"I am not an antitrust hipster, says Rod Sims", our report on the ACCC Chair's comments in 2018.
Nod and a Wink newsletter on Hipster Antitrust.
OECD project on Gender Inclusive Competition Policy ft. Betty Mkatshwa
Justice Wigney's interlocutory decision in CDPP v Citigroup (No. 5) -- not the first time "shemozzle" has appeared in a Federal Court judgment but apparently the first time it has appeared as a catchword.
Magic 8-Ball online
Meet the Gilbert + Tobin Competition + Regulation team

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NSW Ports weathers the storm in the first round of the ACCC's ongoing case against the way it was privatised

Mon, 25 Oct 2021 16:00:00 +0000

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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Links from the episode:

Meet the Gilbert + Tobin Competition + Regulation team: https://www.gtlaw.com.au/expertise/competition-and-regulation

Support the show: https://www.gtlaw.com.au/

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Bonus episode: What went wrong for the prosecution in Australia’s first criminal cartel jury trial - Part 2

Mon, 18 Oct 2021 21:35:00 +0000

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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Links from the episode:

Meet the Gilbert + Tobin Competition + Regulation team:

https://www.gtlaw.com.au/expertise/competition-and-regulation

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What went wrong for the prosecution in Australia’s first criminal cartel jury trial

Mon, 11 Oct 2021 16:00:00 +0000

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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Links from the episode:

Our article on the ACCC's adtech report "ACCC v Google showdown: Ad Tech Inquiry Final Report": https://www.gtlaw.com.au/knowledge/accc-v-google-showdown-ad-tech-inquiry-final-report
Priscilla Page "An Appreciation of Han Lue & Tokyo Drift" https://www.patreon.com/posts/54015099
Meet the Gilbert + Tobin Competition and Regulation team - https://www.gtlaw.com.au/expertise/competition-and-regulation

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Big changes proposed for merger approvals in Australia

Mon, 27 Sep 2021 06:09:00 +0000

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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Links from the episode:

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 party capped off with terrific atmosphere between Iran and Iraq supporters (The Age, 2015)
Kazuyoshi Miura (Wikipedia)
Meet the Gilbert + Tobin Competition + Regulation team

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Misuse of market power – why are private companies stepping in where the ACCC fears to tread?

Mon, 13 Sep 2021 05:09:00 +0000

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, a decision in the Epic v Apple case in the US and more …

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Show notes:

Merger review proposals