Simon Uthmeyer

Simon Uthmeyer

DLA Piper

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Life Sciences Spotlight - Asia Pacific - Issue 5, 2015

In This Issue: - Harper Review Dispenses Important Recommendations For The Life Sciences Sector - Pharmaceutical Patent Term Extensions In Australia - PRC Anti-Corruption Regime 101 - Revisions To The Medicines...more

5/12/2015 - Anti-Corruption Australia Biosimilars China Class Action Code of Conduct Confidential Information Employee Share Schemes Harper Review Life Sciences Medicine Patent-Eligible Subject Matter Patents Pharmaceutical Manufacturers Pharmaceutical Patents Veterinary Products

Pfizer’s strategic response to the threat of generic competition upheld by the Federal Court

On 25 February 2015, the Federal Court handed down its much-anticipated judgment in the matter of ACCC v Pfizer Australia Pty Ltd. In dismissing the Australian Competition and Consumer Commission’s (ACCC) allegations, Justice...more

4/30/2015 - Anti-Competitive Australia Exclusive Dealing Agreements Life Sciences Patents Pfizer Pharmaceutical Pharmaceutical Manufacturers Pharmacies

Competition & Regulation Update: Harper Review - Implications For The Private Health Insurance Industry

On 31 March 2015 the final report of the Competition Policy Review Panel chaired by Professor Ian Harper (Harper Review) was released. The Harper Review Panel (Panel) has completed the most comprehensive review of Australia's...more

4/14/2015 - ACCC Australia Cartels Competition Harper Review Health Insurance Market Power

Competition & Regulation Update: Harper Review: A Small Victory For Businesses Dealing And Competing With Supermarkets

The Harper Review Final Report was released last week. This update highlights the Panel's key views and recommendations that affect businesses supplying to or competing with supermarkets. MISUSE OF MARKET POWER...more

4/10/2015 - Abuse of Dominance ACCC Australia Competition Grocery Stores Harper Review Market Power Public Benefits

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

Competition & Regulation Update: Harper Review - Key Recommendations For Port And Rail Infrastructure Operators/Users

The long-awaited Harper Panel's Final Report on Australian competition law and policy has been released. In this update, we highlight the key recommendations of the panel relevant to port and rail infrastructure operators and...more

4/9/2015 - ACCC Australia Competition Harper Review Infrastructure Market Power National Access Regime Part IIIA Ports Railways

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 Qantas

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

Coles' $10 Million Pecuniary Penalty Order For Unconscionable Conduct Is A Win For Businesses In Encouraging Good Standards Of...

On 22 December 2014, the Federal Court ordered Coles to pay $10 million in pecuniary penalties for engaging in conduct that constituted unconscionable conduct in contravention of section 22 of the Australian Consumer Law...more

4/8/2015 - ACCC Australia Code of Conduct Competition Disorderly Conduct Penalties Suppliers

Harper Review Panel only goes half way for insurers

In its final report released on 31 March 2015, the Competition Policy Review Panel (chaired by Professor Ian Harper) has maintained some of the draft competition policy recommendations that were supported by insurers, but did...more

4/8/2015 - ACCC Australia Competition Harper Review Insurance Industry Market Power Public Benefits

Competition and Regulation Update: Health Sector Under ACCC Spotlight In 2015

ACCC ENFORCEMENT PRIORITIES - The Australian Competition and Consumer Commission (ACCC) has released its enforcement priorities for 2015, with the Chairman of the ACCC giving a speech on the topic last week. Each year,...more

3/1/2015 - ACCC Anti-Competitive Australia Cartels Enforcement Actions Health Health Insurance Truth in Advertising

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 - ACCC v Air New Zealand 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

Financial Services Regulatory Update: FX Investigations: Lessons Learnt From International Investigations

As the Australian Securities and Investments Commission (ASIC) and the Australian Competition and Consumer Commission (ACCC) continue their respective investigations of the conduct of financial institutions in relation to...more

1/16/2015 - Australia Financial Institutions Foreign Exchanges Government Investigations

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

Doing Business in Australia

With strong economic fundamentals, a positive outlook, proximity and strong trade links with some of the world’s most dynamic economies, Australia offers a wealth of opportunities for global investors and multinational...more

10/10/2014

Competition & Regulation Update: October 7, 2014

A Snapshot - New Developments Shaping Australia's Cartel Enforcement Landscape: Identifying and prosecuting cartel conduct is an "enduring priority" for the Australian Competition and Consumer Commission (ACCC) and...more

10/6/2014 - ACCC Australia Competition

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

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