Alec White

Alec White

DLA Piper

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Bidding in good faith rule change: Practical steps to minimise the risk of an AER investigation

The change to the rebidding rule published by the Australian Energy Market Commission (AEMC) in December will come into effect on 1 July 2016. As such, participants have a relatively short period in which to determine,...more

1/25/2016 - Australia Competitive Bidding Energy Market Good Faith

Australian Merger Clearance Reform

Australia may see a more streamlined merger clearance process in the future after the Government decided to support the recommendations of the Harper Review’s Final Report in relation to competition merger law. The...more

1/20/2016 - ACCC Australia Mergers Regulatory Reform

Australian Merger Clearance Reform

Australia may see a more streamlined merger clearance process in the future after the Government decided to support the recommendations of the Harper Review’s Final Report in relation to competition merger law. The...more

1/20/2016 - ACCC Australia Mergers Regulatory Reform

What to do if the ACCC come knocking: Practical tips for handling section 155 examinations

In our second article on the Australian Competition & Consumer Commission’s (ACCC) coercive information-gathering powers, we examine section 155(1)(c) notices and suggest some practical “do’s and don’ts” for examinees. Read...more

1/18/2016 - ACCC Antitrust Investigations Australia Competition Authorities Government Investigations

Competition & Regulation Update - What to Do if the ACCC Come Knocking: Practical Tips for Responding to Section 155(1)(A) and (B)...

The Australian Competition & Consumer Commission (ACCC) has broad powers to investigate suspected breaches of the competition and consumer provisions of the Competition and Consumer Act (CCA), including the use of coercive...more

12/18/2015 - ACCC Anti-Competitive Australian Competition and Consumer Commission Breach of Warranty Cartels Document Productions Enforcement Actions Mergers Search Warrant Unfair or Deceptive Trade Practices

Competition and Market Regulation Update: A Win for Unregulated Infrastructure Providers - Government Response to Harper and PC...

Last week the Government released its response to the Harper Competition Policy Review. Whilst much of the media focus has been on this response the Government also released at the same time its response to the Productivity...more

12/15/2015 - Australia Competition Harper Review Infrastructure Market Abuse Market Power

Australian Competition Law Update for the Aviation Industry

Competition law is a regulatory risk which airlines operating in Australia need to manage. The legal changes identified below present both opportunities and risks.... The below table summarises key competition cases and...more

12/15/2015 - ACCC Airlines Australia Aviation Industry Cartels Competition False Advertising Price-Fixing Unfair or Deceptive Trade Practices

Competition and Regulation Update: A Lower Bar for Coverage of Gas Pipelines?

The regulation of gas transmission pipelines faces significant reform. The Australian Energy Market Commission (AEMC) has proposed amending or removing criterion (a) from the Coverage Criteria. This would represent a very...more

12/3/2015 - Australia Energy Sector Oil & Gas Pipelines

Competition and Regulation Update: Storage in the National Electricity Market - Is the Grid Moving In?

Electricity storage at or above household scale will likely become economic within the next few years, as the cost of batteries come down and generous feed in tariffs slowly expire. Australia could be one of the world's...more

11/16/2015 - Australia Electricity Grid Energy Storage Renewable Energy Solar Panels Utilities Sector

Australian Competition Law Update for the Aviation Industry - August 2015

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. DLA Piper has significant experience in the aviation...more

8/20/2015 - Airlines Airports Australia Australian Competition and Consumer Commission Aviation Industry Competition Act Construction Contracts Price-Fixing

Harper Review: Implications for networks businesses

The Final Harper Competition Policy Review Report (Harper Review) was released on 31 March 2015. We set out below the key potential implications for networks businesses....more

4/9/2015 - ACCC Australia Competition Electricity Harper Review Networks Oil & Gas Price Discrimination Regulatory Reform Utilities Sector Water

Australian Competition Law: Update for the Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. Harper Review creates opportunity for structural...more

4/9/2015 - ACCC Airlines Australia Aviation Industry Competition Harper Review

Harper Review - Implications for wholesale electricity markets

The Final Harper Competition Policy Review Report (Harper Review) was released on 31 March 2015. We set out below the key potential implications for wholesale electricity markets....more

4/8/2015 - ACCC Australia Electricity Energy Market Harper Review New Regulations Wholesale

Australia: Siren. Full Federal Court decision against James Hird to stand. ASADA power to undertake cooperative investigation with...

James Hird has decided not to appeal to the High Court regarding the decision of ASADA to issue show cause notices to Essendon Football Club (Essendon) players....more

3/10/2015 - ASADA Australia Doping Football Order to Show Cause

Competition & Regulatory Update: Multiple Competition Mix

The Australian government released a package of telecommunications amendments that apparently embrace competition at a number of levels. In the short term, they allow competition between infrastructure providers and...more

2/20/2015

Jurisdictional limits of cartel laws in Australia and the United States - ACCC v Air New Zealand and Motorola Mobility v AU...

Commerce may be increasingly global, but there remain limits on the extraterritorial application of cartel laws in individual countries. In late 2014, Courts in Australia and the United States (US) delivered judgments...more

2/13/2015 - Australia Cartels Extraterritoriality Rules Global Marketplace Motorola Mobility v AU Optronics

Australian Competition Law Update For The Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. The below table summaries key competition cases in the...more

2/13/2015 - ACCC Airlines Australia Aviation Industry Breach of Competition Law Cartels Extraterritoriality Rules Regulatory Standards

Competition & Regulation Update: Rebidding In The National Electricity Market – Good Faith Rebidding And Ramp Rates

The Australian Energy Market Commission (AEMC) is currently consulting on two related rule changes regarding rebidding in the National Electricity Market (NEM): - Good faith rebidding requirement; and - Ramp rates...more

1/14/2015 - Australia Electricity Transmission Grid

Competition and Regulation Update: A Win For High Quality Brands And Distributors

In December 2014, The Australian Competition And Consumer Commission (ACCC) Authorised Tooltechnic To Fix The Minimum Price At Which Its Dealers Could Sell Festool Tools To Consumers - That Is, To Engage In Resale Price...more

12/18/2014 - Australia Australian Competition and Consumer Commission Distributors

Generator Optional Firm Access Rights: Australian Energy Market Commission announces terms of reference for detailed design work

On the 6 March 2014, the Australian Energy Market Commission (AEMC) released terms of reference to progress work on the Optional Firm Access (OFA) framework initially outlined in the Transmission Frameworks Review published...more

4/16/2014 - Australia Energy Energy Policy Utilities Sector

Competition Issues In Resources Projects Exclusivity In Supply Chains – July 2013 (Australia)

INTRODUCTION - Mining projects require rail and port access to get the resource from the mine to the export market. Owners and users alike are constantly looking for ways to improve the efficiency of the supply chain...more

8/1/2013 - Australia Competition Exclusive Dealing Agreements Exports Mining Supply Chain Third-Party

Competition Issues In Resources Projects: Marketing Agreements Between Joint Venture Partners (Australia)

INTRODUCTION - Joint venture structures are frequently used to undertake large resources projects. A joint venture may be used to both develop a project and sell the output from a project. Such joint ventures...more

7/9/2013 - Australia Competition Joint Venture Marketing

Competition Issues In Resources Projects - Sharing Infrastructure (Australia)

INTRODUCTION - Users of open access supply chains frequently seek to collectively negotiate various arrangements between themselves and with the supply chain operator. These negotiations and subsequent agreements often...more

6/19/2013 - Anticompetitive Agreements Capacity Allocation Competition Infrastructure Supply Chain

A Game Changer For Competitive M&A Transactions? Federal Court Passes Judgment On Bidding Tactics (Australia)

WHAT HAPPENED? A mining consumables company was sold to a private equity firm. Seven hours later, the company was onsold at a $22 million premium to a competing Australian mining consumables company well known to the...more

6/6/2013 - Cartels Competition Competitive Bidding Investment Banks Mining Private Equity

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