Alec White

Alec White

DLA Piper

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Will network charges encourage the installation of residential batteries?

It remains to be seen what impact batteries will have on the operation of Australia’s electricity networks. They may become an integral part of those networks, could be used as a substitute for those networks and may...more

6/15/2016 - Australia Plastic Solar Cells Renewable Energy Solar Energy Utilities Sector

Competition & Regulation Update: Open Season on Access – Implications of Declaration of the Port of Newcastle

On 31 May 2016, the Australian Competition Tribunal granted Glencore’s appeal and declared a service involving the use of the shipping channel at the Port of Newcastle. The Tribunal’s reasons radically alter the application...more

6/8/2016 - ACCC Arbitration Australia Infrastructure Ports Shipping

Investment trends in renewable energy in Australia

Australia's ability to achieve its renewable energy target has been hampered in recent years by excess supply and falling demand in the wholesale electricity market and political uncertainty regarding incentives for renewable...more

5/12/2016 - Australia Energy Projects Energy Sector Investment Popular Renewable Energy

Australian Competition & Regulation Update - Misuse of Wholesale Electricity Market Power - US Class Action Proceeds

WHAT HAPPENED IN THE US? Class Action to proceed On 1 April 2016, a US District Court allowed a class action to proceed. The action was brought by Merced Irrigations District (Merced) against Barclays Bank PLC...more

4/22/2016 - Australia Barclays Class Action Electricity FERC Market Manipulation Swaps

Consequences for those involved in cartel conduct increasing in Australia and abroad

Companies and individuals who breach prohibitions against cartel conduct face increasing levels of fines and other penalties in Australia and overseas. In this article, we outline expected developments in Australia this year,...more

4/20/2016 - Australia Australian Competition and Consumer Commission Cartels Criminal Prosecution

Australian competition law - Update for the aviation industry

High Court to hear ACCC appeal of Flight Centre decision regarding carrier agent discussions On 11 March 2016, the High Court granted special leave to the ACCC to appeal the decision of the Full Federal Court in the Flight...more

3/24/2016 - ACCC Airlines Australia Aviation Industry Breach of Competition Law Cartels Credit Card Surcharges Extraterritoriality Rules Price-Fixing Regulatory Standards

Antitrust Matters - March 2016: Hubs, spokes, middlemen and signalling

Despite European competition law's dynamic and ever-evolving nature, for a very long period of time undertakings could rely on two quasi-certainties: first, that vertical information gathering – gathering or exchanging...more

3/15/2016 - Antitrust Investigations Antitrust Provisions Australia Belgium Cartels Competition Appeals Tribunal (CAT) EU Grocery Stores Italy Price-Fixing Private Schools Retailers Sherman Act Tobacco UK

COMPETITION & REGULATION UPDATE: HOW SHOULD YOU RESPOND TO AN AER INVESTIGATION?

The Australian Energy Regulator (AER) has broad powers to investigate suspected breaches of the National Electricity Rules (NER) including to issue section 28 notices to produce documents and information and to obtain search...more

3/8/2016 - Australia Energy Sector Enforcement Authority Search & Seizure

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

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

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