The Competitive Edge

Monopolies! Competition law hates them, intellectual property law creates them. It's not that simple, but the two areas of law often find themselves in conflict, and in Australia they've been unleashed on each other after the repeal of a key exemption. Competition partner Susan Jones and IP partner John Lee dissect the issues after pharma competitors Celgene and Juno failed to get their patent settlement agreement authorised by the ACCC. Plus punishing (or at least deterring) penalties proposed, good news and bad news for Google in location tracking and defamation cases, and myths and legends from Olympus to the Olympics while the AEMO fiddles with the national energy objectives. All this and more with co-hosts Moya Dodd and Matt Rubinstein on The Competitive Edge with Gilbert + Tobin.   G+T's update on the proposed penalty increases Celgene/Juno on the ACCC's authorisation register More from John and Susan with special guests at the G+T/Legal 500 webinar in May Google pays in the Federal Court but wins in the High Court Check out the new National Energy Transformation Partnership Meet the Gilbert + Tobin Competition + 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 telecommunications industry has been a crucible of competition and regulation for decades, and it's now on the frontline of debates ranging from digital platforms to AI and data. Industry veteran Richard Feasey connects the history and the future of technology and regulation. Plus antitrust in sport and horror, a new chapter for the National Broadband Network, and more…   Jenny Dempsey on the evolution of telephone numbers "A Good Walk Spoiled" from Malcolm Gladwell's Revisionist History podcast New York Times, "PGA Tour Can Bar LIV Golfers From Playoff, Judge Rules" Department of Justice vs Penguin Random House and Simon & Schuster True History of the 2022 Variation of the Special Access Undertaking Meet the Gilbert + Tobin Competition + Regulation team Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

When everything is changing, everywhere and all at once, how do competition law and regulation keep up? New partner Andrew Low talks us through the shift from absolutes to a more precise approach in technology markets and beyond. Plus a few hints from—and to—the new government, more fallout from the Country Care case, and another crossword! Subscribe to the podcast mailing list - https://bit.ly/3SlIHZE  Guardian interview with Assistant Minister for Competition Andrew Leigh ACCC incoming brief to the new Treasurer [redacted] MLex, "Australian judge says his decision to expunge lay meaning of 'competition' may have been wrong" ($) AAP, "$26m Uber fine excessive, judge believes" The ACCC/AER Regulatory Conference 2022 program—usually updated with slides when available Solve our new competition and regulatory-themed cryptic crossword!   Meet the Gilbert + Tobin Competition + Regulation team Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

Why should you start your legal career in Australia’s leading competition and regulation practice? Recent grads Asha Keaney and Amelia Douglass, partners Louise Klamka and Charles Coorey, and some old friends who’ve moved on to great things let us know in this special episode. Hear what they think about the people, the opportunities and the firm’s focus on innovation and social impact. Subscribe to the podcast mailing list - https://bit.ly/3SmIXaJ  Visit our website for details regarding the selection process for each office and to access the application form  https://www.gtlaw.com.au/careers/students/clerks Students can also get in touch with us via gtcareers@gtlaw.com.au Meet the Gilbert + Tobin Competition + Regulation team Try our competition law cryptic crossword like Justice Wigney would want you to Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

Energy markets are in turmoil, the road to net-zero is bumpy, and regulators have greenwashing in the crosshairs. New partner Jeremy Jose unpacks the power plays. Plus Australia's first jail sentences for cartel conduct, we're all royal-watchers now, and your cryptic crossword awaits. Subscribe to the podcast mailing list - https://bit.ly/3zUV7B8   Sign up to receive the Gilbert + Tobin Australian Energy Regulatory Market Update ACCC Inquiry into the National Electricity Market - May 2022 with Addendum on the recent developments Judgment in the CDPP v Vina Money Transfer case, and an MLex roundup ($) with ACCC comments Pew Research poll on US attitudes towards tech regulation The crossword  Meet the Gilbert + Tobin Competition + Regulation team Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

Knock, knock. Now what? It’s no joke when the ACCC conducts a dawn raid. New partner Tanya Macdonald talks with Moya Dodd about how you and your staff can survive – or even avoid - the most confronting investigations. Plus Matt Rubinstein takes us around the grounds: Australia's new government looks to ramp up competition law enforcement, the NBN's new undertaking gets a WACC, the ACCC raises a dispute with Mastercard, and more. Subscribe to the podcast mailing list - https://bit.ly/3zs7sw4  Check out our Smart Counsel guide on dealing with dawn raids and warrants Spot the difference: ACCC on Visa and Mastercard in the least-cost routing scrap, and the Labor party's competition platform in 2019 and 2022. ACCC Chair Gina Cass-Gottlieb at the ICN2022 Unilateral Conduct Keynote & Plenary Try our competition law cryptic crossword like Justice Wigney would want you to Meet the Gilbert + Tobin Competition + Regulation team Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

What happens when antitrust and privacy go head-to-head? UNSW Senior Lecturer Dr Katharine Kemp joins us to map the collision course between competitive markets and fundamental rights. Plus the algorithm is gonna get ya, smart cars and dumb movies, and an extremely niche timewaster.   Subscribe to the podcast mailing list - https://bit.ly/3M2elqV  ACCC on Trivago's $44.7 million penalty ACCC on Uber's $26 million penalty G+T T+D on the regulation of in-vehicle data sharing in the EU and Australia Alyssa Bereznak on hacking cars in The Fate of the Furious and real life G+T chapter on GTDT: Dominance in Australia (SFW) The Competitive Edge Cryptic Crossword #1 (with thanks to Justice Wigney) David Astle on Cryptic Crosswords in the Sydney Morning Herald Meet the Gilbert + Tobin Competition + Regulation team Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

What are the ACCC's priorities and what difference will new leadership make? Former ACCC Chair Rod Sims announced an ambitious policy agenda for 2022–23 just weeks before handing the keys to new Chair Gina Cass-Gottlieb. Senior partner and Head of the Competition + Regulation practice group Elizabeth Avery helps us navigate the road ahead. Plus carmakers get pulled over, Australia and New Zealand move closer together, and more… Subscribe to the podcast mailing list - https://bit.ly/38vKDN9  Priorities on Parade. Directed by Albert S. Rogell, Paramount Pictures, 1942 The Marker. Directed by Jonathan Gilbert, Burning House for ACCC, 2012 Cartel Conduct–Price Fixing and Cartel Conduct–Market Sharing, Rainger & Rolfe for NZ Commerce Commission, 2020. van Erp, J. Anti-cartel thrillers as a new film genre: How regulator-produced films portray and problematize cartels and communicate deterrence. Crime, Media, Culture. 2018;14(2):229-246 CDPP v Citi & Ors [2021] FCA 1345 per Wigney J at [246] ACCC Chair: annual enforcement and compliance policy update, CEDA, 3 March 2022 Meet the Gilbert + Tobin Competition + Regulation team Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

When the energy regulator publicly asks existential questions about its own legislated regulatory framework, we know the world is changing.  Hear energy expert and Special Counsel Geoff Petersen talk us through the buzz on energy regulation, as the world aspires to net zero while grappling with the fallout from Russia's invasion of Ukraine. Plus, things that chill competition for ice-creams and a look at why some big mergers have been abandoned. Subscribe to the podcast mailing list - https://bit.ly/373KRul  The IPCC Working Group III Report on climate change mitigation Eddie White's illustrations of vintage Australian single serve ice cream products A brief history of the BBC Micro and ARM Concerns about Snowy Hydro 2.0 Electric vehicles as batteries on wheels Meet the Gilbert + Tobin Competition + Regulation team Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.

Air travel is taking off again but the world has changed for operators and passengers alike. Regulators insist that competition must be preserved, but what does that look like in a pandemic and an uncertain recovery? Sit back, relax and enjoy the flight as Partner Louise Klamka give us the 30,000-foot view. Plus competition law in Ukraine, legislative acronyms that make us LOL, and reading the tea leaves on the new ACCC Chair. Subscribe to the podcast mailing list - https://bit.ly/3qHYx4I   The Anti-Monopoly Committee of Ukraine's website is down but they're on Facebook and Twitter Read the AER's Transparency Review of AEMO's Draft 2022 Integrated System Plan, if you dare The Washington Post ranks laws by the quality of their acronyms Meet the Gilbert + Tobin Competition + Regulation team Support the show: https://www.gtlaw.com.au/See omnystudio.com/listener for privacy information.