The Competitive Edge

Partner Geoff Petersen explores the new role for governments in the energy transition, taking the lead on targets and infrastructure and making sure consumers aren't left behind. But what's left for market mechanisms and national regulation? Plus the recalibrated merger reform bill hits Parliament with something for everyone in the notification thresholds; more supermarket scrutiny here and around the world; greenwashing in fashion and finance; big penalties for those Qantas ghost flights and a speeding ticket for Honda under the right-to-repair scheme. All this and plenty of disfluencies with co-hosts Moya Dodd and Matt Rubinstein.   Philip Oakey & Giorgio Moroder, "Together in Electric Dreams"  Breakin'/Breakdance 2: Electric Boogaloo trailer  G+T on the new merger reform bill and updated notification thresholds   The ACCC's Grocery Inquiry 2008 and Supermarkets Inquiry 2024: was/now  The Prime Minister on shrinkflation  NZ Commerce Commission declines to clear the Foodstuffs merger  The Warehouse, where everyone gets a bargain  G+T's regular wrap-up on consumer law enforcement, Shop Talk  G+T on ASIC's hat-trick in greenwashing cases  The CMA's tailored guidance on greenwashing for fashion brands  ACCC v Qantas and inflight meals at home  The Motor Vehicle Information Scheme and Honda and Panasonic in the first Fast and Furious heist  Make your own podcast with Google's NotebookLM  Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team  Email us at edge@gtlaw.com.au   Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

Partner Louise Klamka takes us down the catwalk where fashion meets competition law. Is the Birkin bag in a market of its own? Is "accessible luxury" a contradiction in terms or a reason to keep Tapestry away from Capri? And how does this relate to industrial relations and ESG-washing? Plus supermarket discounts and the new Food and Grocery Code; new directions for competition law in the European Commission and the Courts; and the Australian Competition Tribunal gets ready for its new role in the merger review framework. All this and More Songs about Buildings and Food with co-hosts Moya Dodd and Matt Rubinstein. Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

New ACCC Commissioner Dr Philip Williams AM trades a long history in economics in the private sector and academia for a crucial role with the competition regulator. He joins partner Simon Muys to discuss the history and future of competition law and economics, from misuse of market power to the structure–conduct–performance paradigm. Plus we examine the proposed merger notification thresholds; Disney's in court for unfair contract terms and a sports joint venture; the new anti-siphoning list gets a workout; the CMA investigates Ticketmaster over Oasis tickets; and the long awaited amendments to the Privacy Act finally land. All this and dynamic pricing with co-hosts Moya Dodd and Matt Rubinstein.     Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team  Email us at edge@gtlaw.com.au   NPR on Trading Places and the Eddie Murphy rule  G+T on the draft notification thresholds and their place in the new merger framework  More about motorway interchange design than you probably need to know  The Conversation on Disney's arbitration clause  Judge Margaret M. Garnett issues a preliminary injunction against the Venu sports streaming joint venture  The BBC on Oasis and Ticketmaster and Choice on dynamic pricing    G+T on the first tranche of amendments to the Privacy Act  The Bundeskartellamt on applying the Remondis clause to Remondis  Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team  Email us at edge@gtlaw.com.au   Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

Partner Tanya Macdonald on how industry associations and their members can promote industry, consumer and public interest goals while staying on the right side of the law. Plus Apple loosens up on contactless payments, with a few complications; the ACCC gets creative with Google search defaults; a 3-to-2 merger in credit reporting sails through; and the High Court gears up to untangle contracts, arrangements and understandings. All this and main characters of few words with co-hosts Moya Dodd and Matt Rubinstein.Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

NZCC Chief Economist and former DoJ Counsel Douglas Rathbun speaks to Special Counsel Haidee Leung about why New Zealand is the best place in the world to think about the future of competition policy, regulation of nascent technologies like generative AI, how the Commerce Commission is adapting to new challenges and, controversially, who really invented the flat white.  Plus the US v Google judgment and what it means for search and beyond; submissions to the Treasury consultation on unfair trading practices and unfair contract terms in ASIC v PayPal; and the Digital Platform Services Inquiry rounds the final corner and hits the nitrous.  All this and chapeaus, chaussures and chaussettes with co-hosts Moya Dodd and Matt Rubinstein . Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

The Government has released a hundred pages of draft amendments to the merger review framework, and partners Elizabeth Avery and Simon Muys talk us through the devil in all that detail. What does the new process mean for procedural fairness? How does the new test affect the whole of the competition law? Is this faster or a disaster, stronger or just longer, simpler or whatever rhymes with simpler?  All this and what comes next with co-hosts Moya Dodd and Matt Rubinstein. Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

Technology + Digital Partner Melissa Fai takes us through the seismic changes to the Privacy Act now expected in August, with new protections for individuals, obligations on business and powers for the regulator to match the massive increase in maximum penalties we saw in 2022. Plus more yellow cards for FIFA and other sports administrators in the courts; the backlog in submissions for Treasury competition and consumer consultations; antitrust trolling from the US congress; and federal relations return to the Competition Policy Review with the crafting of bright lines. All this and Matt Damon with co-hosts Moya Dodd and Matt Rubinstein.   Kynan Eng on the fictional cost of rescuing Matt Damon   FIFPRO Europe's statement on the case against FIFA and the Club World Cup 2025  L Edward Martin IV in the Houston Law Review on baseball's antitrust exemption  Submissions to Treasury on merger reform and unfair trading practices (pending)  The House Judiciary Committee Interim Staff Report on Decarbonization Collusion and the minority counter-report on a Bogus Antitrust Theory  G+T on ASIC's latest court win in greenwashing and the new climate-related financial disclosure framework  The Attorney-General's speech on coming changes to the Privacy Act  Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team  Email us at edge@gtlaw.com.au   Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

Elizabeth Avery and G+T Ventures head Xavier Keary investigate the coming collision of venture capital and the new merger proposals as the ACCC draws the line at market power. You can't enter a box junction unless your exit is clear -- is it the same for the startup sector, and what does that mean for economic dynamism? Plus merger reforms and AI were discussed and the Chatham House rule was observed at the Hodgekiss Competition Law Conference; market share thresholds and call in powers under the new merger framework; third parties do a Michelle Heyman around the ACCC’s decision in Brickworks v BGC and legal privilege in expert reports; private misuse of market power actions against Sony and more; and could school apps be a natural monopoly? All this and professional-grade sporting analogies with co-hosts Moya Dodd and Matt Rubinstein. Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team Email us at edge@gtlaw.com.au Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

The ACCC is calling for reform to the consumer guarantee regime to make non-compliance a contravention — similar to unfair contract terms. Currently the guarantees are the top issue for complaints to the ACCC, and they can lead to millions in penalties even though they don't have the force of law. Special Counsel Amelia McKellar takes us through these paradoxes and what the ACCC wants to do about them. Plus the Budget fallout for competition laws and agencies, variations on Louis Dreyfus and cotton, the ACCC's reports on airline competition and data firms, and the evolution of search engines and how to opt out of it … All this and more time travel with co-hosts Moya Dodd and Matt Rubinstein.    Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team  Email us at edge@gtlaw.com.au   Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

G+T alumna Romany Webb joins us from the Sabin Centre for Climate Change Law at Columbia University to talk about regulatory approaches to carbon dioxide reduction and removal on the critical path to net zero and beyond. Plus rethinking no-poach and non-compete agreements and competition law, more greenwashing action from ASIC and the ACCC, sky-high penalties for Qantas while Bonza is grounded, things get complicated at the Supermarket Prices Inquiry, and the history of Monopoly from Lizzie Magie to Barbie™. All this and more with co-hosts Moya Dodd and Matt Rubinstein.    The British Library on Lizzie Magie and the history of monopoly  Suki's pink Honda S2000 at the Petersen Automotive Museum  Treasury Consultation on Worker Non-Compete Clauses and Other Restraints and Assistant Minister Leigh's speech  G+T on the ACCC's action on Glad bags and ocean plastics  The Senate Greenwashing Inquiry hearings and ASIC Chair Joe Longo's speech on greenwashing and greenhushing  G+T on the Qantas settlement with the ACCC  The Senate Supermarket Prices Inquiry Final Report and MLex on its implications for merger reform  AFR on the PE firm behind Bonza  Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team  Email us at edge@gtlaw.com.au   Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.