The Competitive Edge

It's state vs state as national regulation lags behind environmental imperatives. Special Counsel Geoff Petersen takes us through how regulated industries are shaped by the turbulent history of federalism - including Mark Twain's train ride to Albury. Plus the real takeaway from the Optus hack, new maximum penalties, an overhaul of unfair contract terms provisions and we raise the curtain on Opera Australia under its new Chair. All this and more with co-hosts Moya Dodd and Matt Rubinstein.

• Simon Burns and Lesley Sutton on the Optus hack
• G+T on the new bill to increase penalties and prohibit unfair contract terms
• Justice Jagot's Bannerman lecture and Her Honour's paper on Matt's favourite competition law issue
• Mark Twain on "the most baffling and unaccountable marvel that Australasia can show"
• Hear the Pearl Fishers' Duet with Jussi Björling and Robert Merrill (1950)
• Meet the Gilbert + Tobin Competition + Regulation team

• Email us at [email protected]

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USC Professor Danny Sokol  joins Partner Louise Klamka and Special Counsel Haidee Leung  to interrogate the need for digital specific regulation. Why the rush for ex ante rules?  What are the risks for Australia's transition to a more digital future? And what does all this have to do with soup? Plus two red lights from the ACCC for Qantas, what The Merge means for the future of Web3, no ports in a perfect storm for the Port of Geelong, and we creep up on small geographic markets in Woolworths' latest acquisition effort.

• ACCC on Karabar then and now, and Prof Julie Clarke on Creepy Acquisitions Discussions Papers and Bills
• Compare the ACCC's 2019 and 2022 Statements of Issues on Qantas/Alliance
• ACCC register and media release on the Port of Geelong
• Parliamentary Inquiry into the implications of common ownership and capital concentration
• The Verge on The Merge
• Mark Knopfler, Going Home (Theme of the Local Hero) on YouTube
• Meet the Gilbert + Tobin Competition + Regulation team

• Email us at [email protected]

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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 [email protected]

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

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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

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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!

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• 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

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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.

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• 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 [email protected]
• Meet the Gilbert + Tobin Competition + Regulation team
• Try our competition law cryptic crossword like Justice Wigney would want you to

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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.

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• 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

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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.

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• 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/

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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.  

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• 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

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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…

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• 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.