Simon Uthmeyer

Simon Uthmeyer

DLA Piper

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Latest Publications


ACCC investigations: A short guide on what to do and how to prepare

The Australian Competition and Consumer Commission (ACCC) has powers to investigate potential breaches of competition and consumer law in Australia – including cartel conduct, anti-competitive arrangements, misuse of market...more

8/25/2016 - Antitrust Investigations Australia Australian Competition and Consumer Commission Corporate Counsel Document Requests Search Warrant

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 in our update present both opportunities and risks. DLA Piper has significant experience in the...more

7/20/2016 - ACCC Airlines Australia Aviation Industry Regulatory Standards

Unfair contract terms will soon apply to contracts with small business

Do you need to review your standard form contracts? This update provides a summary of the new laws extending the unfair contract terms prohibition to standard form contracts with small business in Australia. The new...more

7/15/2016 - Australia Consumer Contracts Consumer Financial Contracts Contract Terms Small Business Standard Forms Terms and Conditions Unenforceable Contract Terms

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

ACL Review to Consider the Adequacy of Consumer Laws for Comparator Websites

The ACL is a national set of consumer protection laws that has operated in Australia since 1 January 2011. The ACL is a schedule to the Competition and Consumer Act 2010 (Cth). CAANZ will conduct a comprehensive review...more

4/22/2016 - ACCC Australia Consumer Protection Act

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 & Regulation Update for Port & Rail Infrastructure Operators and Users

In this update we touch on recent events in the competition and regulation space of relevance to port and rail infrastructure owners and access seekers, being: a recent decision of the Australian Competition...more

4/11/2016 - ACCC Australia Infrastructure Ports Railways

Misuse of market power: How proposed changes to the law will affect the private health insurance sector

The Turnbull Government recently announced that it will adopt the Harper Review's recommendation to amend section 46 of the Competition and Consumer Act. The Government expects to introduce the relevant legislation into...more

4/6/2016 - Australia Australian Competition and Consumer Commission Consultation Periods Health Insurance Insurance Industry

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


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

Life Sciences Spotlight - Asia Pacific - Issue 6, 2015

Trends and developments in cyber security and data protection: Why pharma and life sciences companies should take action. Pharmaceutical and life sciences companies are increasingly the target of cyber-attacks and...more

12/4/2015 - AstraZeneca Australia Cybersecurity Data Protection Health Care Providers Life Sciences New Zealand Pfizer Pharmaceutical Industry Pharmaceutical Patents Telemedicine

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

Medicinal Product Regulation and Product Liability in Australia: Overview

The Therapeutic Goods Act 1989 (Cth)(TG Act): - Provides a national framework for the regulation of medicinal products. - Provides a national system to control the quality, safety, efficacy and timely availability...more

7/10/2015 - Advertising Australia Clinical Trials Data Privacy Exports Health Care Providers Imports Labeling Manufacturers Medical Devices Online Advertisements Pharmaceutical Industry Product Defects Regulatory Agencies Regulatory Standards

Pharmaceutical IP and Competition Law in Australia: Overview

Conditions and legislation Australian patent law is governed by the Patents act 1990 (Cth) (Patents Act). The Patents Act provides for the grant of two main types of patents in Australia: - Standard, which is...more

7/10/2015 - Australia Australian Competition and Consumer Commission Biotechnology Generic Drugs Jurisdiction Patent Prosecution Pay-For-Delay Pfizer Pharmaceutical Industry Pharmaceutical Patents Trademark Application Trademarks

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