Simon Uthmeyer

Simon Uthmeyer

DLA Piper

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Life Sciences Spotlight - Issue 4, 2014

Since our last edition, there has been a number of developments in the Life Sciences sector across the Asia Pacific region and we are pleased to be able to update you on these recent trends. It is evident that the...more

8/15/2014 - China Data Protection Life Sciences Medical Devices Patents Right to Privacy Technology

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 & Regulation Update: The Test For Declaration Under Part IIIA Is Dead, Long Live The New Test

The Federal Government released the Productivity Commission's (PC) final report(Report) on 11 February 2014. The Report proposes yet another test for the controversial 'criterion (b)'. However it is not clear that the new...more

3/25/2014

Competition and Regulation Update: Amendments To The Electricity And Gas Limited Merits Review Regime: It's All About The NEO/NGO

The South Australian parliament yesterday passed amendments to the National Electricity Law (NEL) and National Gas Law (NGL) to give effect to the policy position of the Standing Council on Energy and Resources (SCER) in...more

11/27/2013 - Australia Electricity Energy Policy Utilities Sector

Commercial Negotiations For Airport Services In The UK Spark A Reconsideration Of Airport Market Power: How Does Australia...

INTRODUCTION - In our August article on recent developments in airport regulation, we considered the United Kingdom (UK) Civil Aviation Authority’s (CAA) path to economic licencing of airports. To recap, the path is...more

10/17/2013 - Airlines Airports Australia Aviation Industry EU Licensing Rules Negotiations UK

Can Reverse Payments In Patent Settlements Constitute Criminal Cartel Conduct?

It is a well-established and universally accepted principle of competition law that a payment by one competitor to another competitor not to enter a market is anticompetitive, and in Australia since 2010 a criminal offence....more

10/1/2013 - ACCC Cartels Competition European Commission FTC Patents Reverse Payment Settlement Agreements

WACC: A New World Order?

The Australian Energy Regulator (AER) on Friday released its Draft rate of return guideline, August 2013 (AER Draft Guideline). The AER Draft Guideline sets out the methodologies, models and other material that the AER...more

9/6/2013 - Australia Energy Energy Policy

Life Sciences Spotlight | Issue 3, 2013

IN THIS ISSUE: - FEATURES: - A new wave of regulatory enforcement actions in China – Are we witnessing a prolonged enforcement cycle? - Update on recent decisions - Australia’s innovation patent – The...more

9/5/2013 - Australia Bullying Cartels China Compliance Enforcement Innovation Life Sciences New Regulations Patents Reverse Payment Settlement Agreements

Competition and Regulation Update: Finance Lessons From The Regulation Of UK Airports - A Relevant Case Study For Australian...

INTRODUCTION - Since 2002 when price cap regulation at Australian capital city airports was abolished and replaced with lighthanded price monitoring by the Australian Competition and Consumer Commission (ACCC),...more

8/7/2013 - Airlines Airports Australia Aviation Industry New Regulations UK

Competition & Regulation Update: ACCC Obtains Its First Unfair Contract Terms Declarations: ACCC V Bytecard Pty. Limited...

The Australian Competition and Consumer Commission's (ACCC) first case solely based on the unfair contract terms provisions of the Australian Consumer Law (ACL) has resulted in the Federal Court declaring by consent that four...more

8/3/2013 - ACCC Australia Contract Disputes Contract Drafting Contract Interpretation ISPs Terms and Conditions Void and Unenforceable

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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