In its inaugural year, this one-day event will provide a unique practical forum, for insight and advice from key legal professionals and practitioners, on the recent changes to the Competition and Consumer Act.

Topics include: 

  • The Harper Review into the Competition and Consumer Act (2010).
  • A special focus on s45 and s46, significantly adapting legislation around Cartel Conduct, Concerted Practices and Misuse of Market Power.
  • Key regulatory change and predictions on forms awaiting finalisation
  • Recent and relevant cases that show how the new amendments are being implemented now

Speakers include:

  • Michael O’Bryan QC, Victorian Bar, and Review Panellist, Review of the Competition and Consumer Act 2010
  • Russell Miller AM, Consultant, Minter Ellison, and Fellow, Australian Academy of Law and Author, Miller’s Australian Competition Law and Policy
  • Associate Professor Julie Clark, Competition Law, Melbourne Law School, University of Melbourne
  • Ruth C A Higgins SC, Barrister, Banco Chambers
  • Dyson Heydon AC QC, Former Justice of the High Court of Australia
  • Linda Evans, Partner, Clayton Utz
  • Norman O’Bryan AM SC, Barrister, Dawson Chambers

There will be a multitude of formats, all designed to encourage interaction and discussion of how the 2017 amendments will begin to affect the landscape, as well as ample networking opportunities to reconnect with peers and continue professional development.

We look forward to seeing you at the conference.

Dates & Locations

Sydney
26th July 2018
Sheraton on the Park

Cost

$695 + GST

Register Now


Agenda

8.50AM

WELCOME ADDRESS

Catherine Roberts, Director, Practical Law, Thomson Reuters Australia

key regulatory change

9.00AM

OPENING KEYNOTE

Dyson Heydon AC QC, Former Justice of the High Court of Australia

9.30AM

KEYNOTE

A discussion on the amendments to the Harper Review

Michael O’Bryan, member of the Harper Competition Policy Review Panel breaks down the new amendments to the Competition and Consumer Act (2010), enacted in 2017, looking at the background and history of the changes along with their intended outcomes for Australian business.

Michael O’Bryan QC, Victorian Bar, and Review Panellist, Review of the Competition and Consumer Act 2010

10.00AM

Networking and refreshment break

case studies

10.30AM

INTERVIEW

Is our competition and consumer law environment fit for purpose?

Russell Miller AM is interviewed by Kim de Kock as he provides commentary on the outcomes of the Harper Reforms, and the enforcement and regulatory frameworks that support it.

Russell Miller AM, Consultant, Minter Ellison, and Fellow, Australian Academy of Law and Author, Miller’s Australian Competition Law and Policy
Moderator: Kim de Kock, Segment Strategy Manager, Thomson Reuters Australia

11.15AM

A new competition law penalty framework

Post –OECD report (26 March 2018) and 2017’s Harper Review, a new era has begun in competition law with changes to s45 and s46 already being implemented. The ACCC’s inquires into residential mortgage products, digital platforms and energy supply/prices are examples of regulatory reform being conducted at an industry level. So, we are seeing the implications of certain legislative changes, especially Misuse of Market Power (s46), and this session intends to comment on other probable changes to regulation and how this will look, in real-world terms, for the consumer and competition eco-system. What can existing regulation, enquiries and prosecution behaviour tell us about ACCC’s enforcement posture?

Norman O’Bryan AM SC, Barrister, Dawson Chambers

12.00PM

Lunch and networking break

implications for PRACTITIONERS and business

1.15PM

FIRESIDE CHAT

'Concerted Practices': The newest concept in Australian competition and consumer law

S45 (1)(c) on concerted practices is intended to catch cartel behaviours that lack ‘contracts, arrangements or understanding’. With no requirement for reciprocity, ‘one-way’ communications with a competitor will become increasingly scrutinised and new changes ensure that all legal professionals will need to review their compliance programs and materials. What are the ramifications of such internal revision and greater scrutiny of external communications with competitors?

1.50PM

Cartel conduct: The good, the bad and the ugly

  • Has the law actually been simplified as the Harper Review recommended?
  • Additional requirements being imposed for joint venture defences
  • What are the compliance costs of reforming all provisions
  • Extraterritorial cartel conduct: how far will the law travel?

Associate Professor Julie Clark, Competition Law, Melbourne Law School, University of Melbourne

2.20PM

Misuse of market power: What does new legislation mean for day-to-day practice?

  • What conduct would be caught under the new Act which was not captured in the previous legislation?
  • Are the Courts likely to interpret the word ‘substantial’ in the statutory requirement for a substantial degree of market power to mean ‘large or considerable’, ‘real or of substance’ or simply ‘more than ephemeral or nominal’?
  • How valid are the examples cited by the ACCC in their draft Misuse of Market Power guidelines – when does a company with substantial market power risk breaching the prohibition by offering loyalty rebates or other pricing incentives to its downstream customers?

Linda Evans, Partner, Clayton Utz

2.50PM

Networking and refreshment break

3.30PM

CASE STUDY

A review of recent and relevant cases and how changes in the law affect them and future practice

A review of BP’s failed attempt to acquire Woolworth’s 543 service stations (ACCC v BP Australia Pty Ltd & Ors, 2017), alleged cartel conduct by Colgate-Palmolive (ACCC v Colgate-Palmolive Pty Ltd & Ors, 2016) and Flight Centre’s penalty (ACCC vs Flight Centre Ltd, 2013) due to lessening competition. How might changes in the law affect these cases and what implications do they have for the future?

Ruth C A Higgins SC, Barrister, Banco Chambers

4.00PM

PANEL

Looking forward: What does reform mean for practical law?

What will be the essential requirements, in the oncoming year (and beyond), for all legal practitioners, in the wake of Harper Review amendments? Specifically focussing on:

  • Cartels
  • Misuse of market power
  • Anti-competitive concerted practices
  • Exclusive dealing
  • Unconscionable Conduct

Russell Miller AM, Director, Australian Academy of Law
Associate Professor Julie Clark, Competition Law, Melbourne Law School, University of Melbourne
Ruth C A Higgins SC, Barrister, Banco Chambers
Moderator: Catherine Roberts, Director, Practical Law, Thomson Reuters Australia

4.45PM

CLOSING

A summary of key themes and outcomes from today’s summit

Catherine Roberts, Director, Practical Law, Thomson Reuters Australia

5.00PM

END OF CONFERENCE


Speakers

Michael O’Bryan QC Michael O’Bryan QC Victorian Bar, and Review Panellist, Review of the Competition and Consumer Act 2010
Russell Miller AM Russell Miller AM Consultant, Minter Ellison, and Fellow, Australian Academy of Law and Author, Miller’s Australian Competition Law and Policy
Associate Professor Julie Clark Associate Professor Julie Clark Competition Law, Melbourne Law School, University of Melbourne
Ruth C A Higgins SC Ruth C A Higgins SC Barrister, Banco Chambers
Dyson Heydon AC QC Dyson Heydon AC QC Former Justice of the High Court of Australia
Linda Evans Linda Evans Partner, Clayton Utz
Norman O’Bryan AM SC Norman O’Bryan AM SC Barrister, Dawson Chambers
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