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 . 

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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. 

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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 [email protected]  

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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 [email protected]

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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 [email protected]  

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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 [email protected]  

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In this bonus episode, we rejoin the ESG, Sport and Human Rights Forum, where host Moya Dodd spoke with Women's World Cup winner Mary Harvey, now the CEO of the Centre for Sport and Human Rights, and Rachel Davis, co-founder of the Shift Project and former independent chair of FIFA's Human Rights Advisory Board,  about culture, sustainability, leadership and change through a human rights approach in the world of sport.  

• Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team 

• Email us at [email protected]

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The biggest shakeup of merger regulation in Australia in 50 years is coming into view. Partners Elizabeth Avery and Louise Klamka take us through the major changes and the devilish details that still need to be settled, with additional commentary from partner Simon Muys and winning visualisations from Treasury. Is this faster, stronger and simpler, or just harder? More transparent or less accountable? Plus grocery inquiries and divestiture powers, Soviet industrial policy, irrebuttable presumptions and the ACCC looks for a meeting of the minds with the High Court on the nature of threats and understandings. All this and Rebel Wilson with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast. 

• Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team 

• Email us at [email protected]  

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Anne Catherine Faye, Economist and Counsel to the Chair of the American Bar Association's Antitrust Section, takes us through the complicated landscape of antitrust, economics and sustainability in the US and beyond. Plus the Department of Justice goes bobbing for Apple, the Epic case gets underway in Australia, the Full Federal Court overturns the ACCC's win against the CFM(M)EU, and the Productivity Commission gets back in the game with the new National Competition Policy. All this and the Franklin's Tale with co-hosts Moya Dodd and Matt Rubinstein and senior correspondent Anna Belgiorno-Nettis. 

• US v Apple press release, press conference and complaint
• MLex reporting on the Epic v everyone hearing
• ACCC v CFM(M)EU Round 1, Round 2 and the ACCC's application for special leave to appeal to Round 3
• The Marx Brothers on the secondary boycott provisions
• C&C (music f) Act (ory) megamix
• Productivity Commission's assessment of proposed National Competition Policy reforms
• Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
• Email us at [email protected]

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Change is the only constant, but even change is changing as partner Andrew Low joins us to talk about digital regulation, digital ecosystems and digital payments, and the fight over access to a tiny part of your phone. Plus more constant than change in the ACCC's 2024–25 compliance and enforcement priorities, Epic's battle royale against Google and Apple lands on our island, gatekeepers land their European beachheads on DMA-day, ex-ante regulation proves to be easier said than done, and surf'n'turf at the Qteq cartel hearing. All this and our politicians' favourite films with co-hosts Moya Dodd and Matt Rubinstein. 

• Our update on the ACCC's 2024-25 compliance and enforcement priorities 
• Our update on the ACCC's focus on consumer guarantees 
• Our annual Competition + Consumer Law Insights publication for 2023-24   
• Dr Andrew Leigh in the Australian Book Review 
• The Barbie edition of Monopoly 
• Results of the RBA's 2022 Consumer Payments Survey 
• MLex's coverage of the ACCC v Qteq and Epic v Apple and Google hearings  
• RIP Kingsleys Brisbane 
• Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team 

• Email us at [email protected]  

Support the show: https://www.gtlaw.com.au/

See omnystudio.com/listener for privacy information.