
The Competitive Edge (Gilbert + Tobin)
Explore every episode of The Competitive Edge
Pub. Date | Title | Duration | |
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27 Sep 2021 | Big changes proposed for merger approvals in Australia | 00:22:34 | |
Learn about the ACCC's proposed changes and what they might mean for you with Elizabeth Avery, who heads up our competition and regulation team. We do a deep dive into the future of the approval process, the test to be applied and the special focus on large digital platforms. Plus a new investigation into mobile payments, craft beer at the football, medieval rights in common and more … Subscribe to the podcast mailing list - https://bit.ly/3n4laPv Links from the episode:
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17 Jul 2023 | Collaboration or collusion? Competition and sustainability agreements with Elizabeth Avery and Radha Rathi. | 00:35:23 | |
Collaboration or Collusion? Partner Elizabeth Avery and lawyer Radha Rathi run the ruler over agreements between rivals for sustainability goals, as authorities around the world weigh the competitive landscape against the actual one. Plus traffic lights for toll roads, the sound of mergers, dark patterns in the FTC's case against Amazon, a Marxist critique of artificial intelligence, and fusion cells or hit squads take down investment scams … All this and a looming World Cup with co-hosts Moya Dodd and Matt Rubinstein
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11 Apr 2022 | It's a gas! Or is it? Energy regulation in a time of war and decarbonisation | 00:26:20 | |
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
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20 Sep 2023 | Classical Gas: Jeremy Jose on the rolling boil of gas market regulation. | 00:30:31 | |
Partner Jeremy Jose brings us up to date on the rolling boil that is gas market regulation in Australia. What's the latest on the gas trigger, the price cap and the mandatory code of conduct, and how is this helping us towards net-zero? Plus consumer protection and the Women's World Cup, record penalties for the ACCC with more on the runway, more to the Triple Threat than meets the eye, a new kind of competition policy review and all the news on unfair trading practices and contract terms. All this and one or two Simpsons references with co-hosts Moya Dodd and Matt Rubinstein.
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20 Nov 2023 | Power to the People: Geoff Petersen on the implications of the Origin Energy authorisation and the race to connect renewable power generation to the network | 00:27:28 | |
Partner Geoff Petersen gives us the buzz on the new National Energy Objectives, which now include the reduction of greenhouse gas emissions, the ACCC's authorisation of Brookfield’s acquisition of Origin Energy on green grounds, and what they mean for competition as the energy transition accelerates. Plus A.I. from the Beatles to Bletchley Park; the full line-up of the Competition Review Expert Advisory Panel; turning up the volume on the merger process debate; and what really is a Ticket to Ride? … All this and more with co-hosts Moya Dodd and Matt Rubinstein. Support the show: https://www.gtlaw.com.au/ See omnystudio.com/listener for privacy information. | |||
09 Jun 2022 | Wake in fright: dawn raids and cartel investigations with Tanya Macdonald | 00:29:13 | |
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
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05 Jul 2022 | Special Episode: Clerkships, canapés and competition law at Gilbert + Tobin | 00:32:05 | |
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
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31 Aug 2022 | Clash of the Titans: Competition and IP go head-to-head as partners Susan Jones and John Lee discuss the Celgene/Juno patent settlement authorisation. | 00:26:24 | |
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.
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02 Apr 2024 | Chilling Effects: Anne Catherine Faye on antitrust, economics and sustainability | 00:34:13 | |
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.
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25 Oct 2021 | NSW Ports weathers the storm in the first round of the ACCC's ongoing case against the way it was privatised | 00:21:10 | |
The ACCC has often warned against privatisations of major government infrastructure aimed at securing the highest sale price at the expense of competition in the longer term. When the New South Wales government sold its largest cargo ports with what looked like a hedge against future competition, the regulator thought it had a clear case. So far, the court hasn't agreed. Lawyer Sarah Lynch worked closely on the case and tells us what happened and what happens next. Plus more from the ACCC on merger reform and ex ante regulation, Microsoft’s acquisition of Nuance, default search screens and things that get lost in transcription. Subscribe to the podcast mailing list - https://bit.ly/3mUNFie Links from the episode:
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14 Mar 2023 | Florence + the Machine: Partner Simon Muys on developments in European competition law and the recent IBA Conference in the Tuscan capital. | 00:30:14 | |
Partner Simon Muys returns from the International Bar Association Competition Conference in Italy with the latest developments in European competition law, digging into the Jarndyce-scale Intel litigation and the Illumina/Grail blood offering. What do these trends reveal and what do they mean for Australia in a time of global antitrust coordination and domestic change? We ask the Machine.
Plus we look at the ACCC's new enforcement and compliance priorities and its recent green sweep, short thoughts on the ports in the courts, what's next for the Digital Platform Services Inquiry, the release of our annual analysis of competition enforcement, and smurf-smurfing at the Smurfic Games (or the Olympic Smurfs) …
All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.
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22 Jun 2022 | How Greenwash My Valley? Electricity regulation and environmental claims with Jeremy Jose | 00:29:52 | |
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
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15 May 2022 | Priorities on Parade: the ACCC in a time of change | 00:20:55 | |
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
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31 Oct 2024 | …And Justice for All: Deputy Assistant Attorney-General John W. Elias on the Department of Justice, culture and competition, the new US merger guidelines, and artificial intelligence. | 00:43:35 | |
Deputy Assistant Attorney-General John W. Elias lays out the mission and culture of the Antitrust Division at the US Department of Justice, covering diversity in competition law, the new geometries of the US merger guidelines, and the recent AI workshop at Stanford. Plus vague promises and unfair trading practices; a hat-trick of competition and labour law complaints against FIFA; the ACCC's new merger surveillance team; and what the US election might mean for antitrust enforcement. All this and a bunch of goo with co-hosts Moya Dodd and Matt Rubinstein.
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14 Nov 2024 | Fitter, Happier, More Productive: Chair Danielle Wood on the Productivity Commission and the new National Competition Policy | 00:39:16 | |
Productivity Commission Chair Danielle Wood joins Partner Jeremy Jose to discuss the evolving role of the Commission, the Competition Taskforce, the progress and prospects of the new Competition Policy Review, and the importance of basing Australian policy on Australian evidence and data. Plus regulatory grids and antitrust raps at G+T's inaugural Financial Services Forum, a googol roubles trouble Google, rectangular wheat biscuit products and the ACCC's enduring priority of breakfast, and parliament juggles merger laws and divestiture bills. All this and four more years, apparently, with co-hosts Moya Dodd and Matt Rubinstein.
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01 Oct 2024 | Crimes of Fashion: Louise Klamka on competition law in the world of haute (and not-so-haute) couture | 00:35:34 | |
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. | |||
17 Oct 2023 | What does Prof Fox say? NYU antitrust legend Eleanor Fox on international antitrust trends and lessons for Australia. | 00:46:35 | |
NYU antitrust legend Eleanor Fox joins us to discuss the evolving nature of antitrust; the tensions between agencies, lawmakers and courts; and convergence and divergence between competition law jurisdictions. Plus negotiating AI in Brussels and Hollywood, a clearer picture of the FTC's case against Amazon's "Project Nessie", and late changes to the High Court's starting seven. All this and more with co-hosts Moya Dodd and Matt Rubinstein.
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08 Nov 2023 | Flying High! What’s on the Radar in the Airline Sector with Louise Klamka | 00:34:56 | |
Partner Louise Klamka reads the contrails on the airline sector, including the ACCC's case against Qantas and its rejection of Qantas's acquisition of Alliance, the Government's Aviation White Paper, the Senate Inquiry into Bilateral Air Service Agreements and the need to look closely at the role airports play in aviation competition. Plus competition vs climate in the Brookfield/MidOcean acquisition of Origin Energy, taxes and treason in the High Court's electric vehicle ruling, A.I. fought the law and nobody won, and quixotic projects with the International Competition Network in Barcelona. All this and more with co-hosts Moya Dodd and Matt Rubinstein.
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08 Nov 2021 | Antitrust hipsters are going mainstream around the world -- but what about Australia? | 00:31:31 | |
The "hipster antitrust" movement emerged in 2017 as young lawyer Lina Khan and others argued that competition law should embrace a wider variety of harms and benefits than the price-focussed consumer welfare standard. The pushback was firm - including from ACCC boss Rod Sims - and hipster antitrust was consigned by many to the recycling crate of history. Fast forward to 2021 - Lina Khan leads the FTC and antitrust hipsters are quickly becoming mainstream. Betty Mkatshwa joins us to discuss how we got here and where we're going. Plus: criminal cartels that make you sick, rigged roofing allegations, and what Don Bradman's batting average has in common with committal hearings for the Federal Court. Subscribe to the podcast mailing list - https://bit.ly/3CZtndc Links from the episode:
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30 Jul 2024 | Draft Day: Elizabeth Avery and Simon Muys on the game-changing merger review reform Bill | 00:40:10 | |
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. | |||
17 May 2023 | Springtime in Washington: Anna Belgiorno-Nettis on global developments and local implications from the world's largest antitrust meeting. | 00:31:35 | |
Springtime in Washington: G+T lawyer Anna Belgiorno-Nettis spoke at the world's largest antitrust meeting and now reports back on equity and fairness in competition law, how the major antitrust jurisdictions are getting things done, and how Australia stacks up. Plus the world's friendliest conference and the Chatham House rule, the latest on digital platforms, including the UK's DMU and DMCC and the EU's DMA and DSA, and the godfathers of artificial intelligence and stupidity … All this and more with co-hosts Moya Dodd and Matt Rubinstein
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18 Oct 2021 | Bonus episode: What went wrong for the prosecution in Australia’s first criminal cartel jury trial - Part 2 | 00:20:17 | |
Last week, we turned to crime… and we're not done yet! This episode brings you more in our conversation with Kate Morgan, SC who successfully defended Country Care in Australia's first criminal cartel jury trial. Last week, we talked about the charges, the evidence, and the courtroom tactics. This week, we tackle the big questions. What happened when the verdicts came in? What does it mean for the ACCC's pipeline of investigations? And the really big one - why are jury trials like playing Germany at the World Cup? Subscribe to the podcast mailing list - https://bit.ly/2Yw3jHC Links from the episode: Meet the Gilbert + Tobin Competition + Regulation team: https://www.gtlaw.com.au/expertise/competition-and-regulation Support the show: https://www.gtlaw.com.au/ See omnystudio.com/listener for privacy information. | |||
27 Nov 2024 | The Enforcer: Liana Witt on competition and consumer law enforcement and reform. | 00:35:47 | |
Partner Liana Witt joins us to talk about the latest in competition and consumer law enforcement and law reform. The ACCC is leaning into consumer and cost-of-living issues as a new prohibition against unfair trading practices is taking shape. Private and class actions are dominating new competition law cases, but ACCC cases currently on appeal could change the enforcement landscape dramatically. Plus age restrictions for social media and a duty of care for digital platforms; new merger laws reach the final stretch; and Sigma and Chemist Warehouse take the W, skibidi. All this and some confusion about US cabinet appointments with co-hosts Moya Dodd and Matt Rubinstein.
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16 Sep 2022 | SoCal Hero: USC Professor Danny Sokol on digital platforms, why the rush to ex ante regulation, and soup | 00:35:39 | |
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.
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15 May 2024 | Altered Carbon: Romany Webb on regulatory approaches to carbon reduction and removal on the path to net zero and beyond | 00:44:30 | |
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.
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09 Nov 2022 | From Fibre to Cyber with the Hon Michelle Rowland, Minister for Communications | 00:35:07 | |
Our illustrious alum the Hon Michelle Rowland, Minister for Communications, joins us to talk about the broadband repair job, sports broadcasting in the age of streaming, cyber security and the road from G+T to the Ministry. Plus new penalties for privacy breaches after Optus and Medibank; antitrust tackles the gender pay gap in Mexican football; and we're going a bit crazy waiting for DPSI Interim Report No 5. All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.
Links:
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16 Feb 2023 | Straight Outta Competition: Dr Philip Marsden on specialist tech regulation, ultramarathons and bringing rap to competition law | 00:36:25 | |
Dr Philip Marsden is a Professor of Law and Economics, an ultra-marathon runner, an antitrust rapper and a co-author of the Furman report into digital competition, and he joins us to talk about all these things and more. Plus everything that's happened since the last episode: regulations, consultations, user locations, triangulations, revised variations, and artificial intelligence gets fast and furious. All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.
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11 Oct 2022 | Green Zone: Power shifts in state and national regulation in energy and beyond, with Special Counsel Geoff Petersen. | 00:29:25 | |
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.
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11 Oct 2021 | What went wrong for the prosecution in Australia’s first criminal cartel jury trial | 00:27:56 | |
The first criminal cartel case to go before an Australian jury ended with a swift verdict of “not guilty” on all charges against health solutions provider Country Care. Jump behind the scenes with Senior Counsel for the accused, Kate Morgan, for a sideline scoop on the case and what it might mean for criminal prosecutions of cartel cases in the future. Plus the ACCC's adtech report, infrastructure privatisation, a crisis for carnivores and plenty more… Subscribe to the podcast mailing list - https://bit.ly/3mR0GrM Links from the episode:
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14 Aug 2024 | Handle the Jandal: NZCC Chief Economist Douglas Rathbun on Generative AI, Coffeenomics, and Competition Policy | 00:45:07 | |
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. | |||
22 Nov 2021 | The singularity approaches! How can regulation keep up with artificial intelligence? | 00:24:53 | |
Artificial intelligence and technology are accelerating, public expectations are shifting, and competition law and regulation are scrambling to keep up. Our AI guru Peter Waters is here to tell us what we can do to prepare. Plus an antitrust hipster update, a sequel to Dieselgate, and decarbonisation dilemmas in the pipeline for the gas sector post COP26. Subscribe to the podcast mailing list - https://bit.ly/3cG0E1j Links from the episode:
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01 Mar 2023 | Fair Game: The role of fairness in competition and consumer law with ACCC Chair Gina Cass-Gottlieb, consumer advocate Gerard Brody and G+T partner Elizabeth Avery. | 00:39:08 | |
ACCC Chair Gina Cass-Gottlieb, consumer advocate Gerard Brody and G+T partner Elizabeth Avery discuss the role of fairness in competition and consumer law and the proposed prohibition on unfair trading practices . With a special introduction from Assistant Minister for Competition Dr Andrew Leigh. Plus a course change for privacy protections with the Attorney-General's Report, cartels and creature comforts in the Pilbara, ambition and distraction at the Federal Trade Commission, and word-checking the Treasurer's essay on markets Links:
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17 Sep 2024 | Trading Places: New ACCC Commissioner Dr Philip Williams on competition law and economics, concentration and paradigms. | 00:42:36 | |
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.
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16 Oct 2024 | Electric Dreams: Geoff Petersen on the shifting balance between markets and governments in the energy transition. | 00:41:39 | |
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.
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02 Aug 2022 | Edge of Tomorrow: regulating for an uncertain future with Andrew Low | 00:24:45 | |
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
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26 Jun 2024 | Saving Ryan's Privacy: Melissa Fai on the big changes coming to privacy law and enforcement | 00:39:49 | |
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.
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28 Mar 2022 | Flight control: airline competition and regulation in a disrupted world. | 00:25:18 | |
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
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20 Mar 2024 | On the Money: Andrew Low on Digital Regulation, Digital Ecosystems and Digital Payments | 00:33:44 | |
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.
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18 Dec 2024 | The Three Laws: Amelia McKellar on AI and Consumer Protection | 00:38:54 | |
Special Counsel Amelia McKellar joins us with the latest on AI and consumer protection, from rogue chatbots to fake reviews and how regulators are combatting and using AI. Plus price-fixing on defence force estates in the ACCC's first competition law court case in a while; new and proposed laws on the merger process, social media age restrictions, privacy and ex ante digital platform regulation; and the Digital Platform Services Inquiry returns to search as the US Department of Justice proposes radical remedies for Google. All this and the green Teletubby with co-hosts Moya Dodd and Matt Rubinstein. [Links]
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14 Jun 2023 | No-poachers and gamekeepers: DOJ economist Dr Brian Clark on antitrust, labour markets and Stephen King. | 00:30:26 | |
US DOJ economist Dr Brian Clark joins us to talk about equity and antitrust, labor and monopsony markets, and what Stephen King has in common with poultry processors. Plus the latest on Microsoft's Activision acquisition from the CMA, DG COMP, the FTC and the ACCC, Woolworths' Karabar carry-on, Justice French's arsonist bounces into life, and lawyers learn the limits of large language models.
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27 Jun 2023 | The road to net zero with Ilona Millar | 00:33:23 | |
Climate change and sustainability partner Ilona Millar takes us through the new obligations and imperatives facing many businesses to address their environmental impacts -- individually or through industry collaborations. Plus the ACCC solves a cashflow problem in the Prosegur/Armaguard authorisation, the global golf merger gets into the rough, fresh legs on the field of competition and regulation field. All this and more sports references with with co-hosts Moya Dodd AO and Matt Rubinstein NST.
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26 May 2022 | Competition vs Privacy with Dr Katharine Kemp | 00:27:09 | |
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
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06 Mar 2024 | Kicking off: Ilona Millar and Rae Lindsay on ESG, Sustainability and Human Rights | 00:36:50 | |
G+T partner Ilona Millar and Business and Human Rights Lawyers Association Co-Chair Rae Lindsay on global ESG trends, corporate sustainability in Europe, and the unfolding impacts on Australian companies in the first part of a double-header on the emerging field of business and human rights. Plus the Tribunal overturns the ref's call on the ANZ/Suncorp merger authorisation, but it's not all bad news for the ACCC; ex-post reviews of mergers; near-record criminal fines for a cartel; and even more Wonka and antitrust in pop culture. All this and more next week with co-hosts Moya Dodd and Matt Rubinstein.
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29 Nov 2023 | I'm the Problem, It's Me: Liana Witt on individual liability for competition law contraventions | 00:36:35 | |
Even as maximum corporate penalties go through the roof, there may be more deterrence in pursuing a business's officers and employees. Partner Liana Witt talks us through individual liability for competition law contraventions and how not to end up as the anti-hero. Plus Treasury consults on changes to the merger process; new leadership and new expectations for the Productivity Commission; the High Court hits the ground running; and when's the ACCC going to drop another competition court case? All this and evermore with co-hosts Moya Dodd and Matt Rubinstein.
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17 Apr 2024 | Dial M for Merger: Elizabeth Avery and Louise Klamka on Australia's new merger approval framework | 00:36:08 | |
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.
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07 Feb 2024 | Everything Everywhere All At Once: Amelia McKellar and the Multi-Jurisdiction of Mergers | 00:34:10 | |
Special Counsel Amelia McKellar guides us through the multiverse of multijurisdictional ("MJ") mergers, and how to navigate the conjunction of thresholds, deadlines, agencies and advisers and arrive at the singularity of success. Plus submissions at 20 paces in the merger reform debate, Apple tells the regulators they've been holding it wrong, lessons in Wonkanomics, and a busy year ahead for the ACCC … All this and more with co-hosts Moya Dodd and Matt Rubinstein.
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30 Mar 2023 | Marathon Man: The Hon Dr Andrew Leigh MP, Assistant Minister for Competition, Charities and Treasury, on justice, equality and the friendliness of the long-distance runner. | 00:37:17 | |
It's been a busy first year for the new Australian government, with big changes in competition and consumer law and regulation and plenty more to come. Dr Leigh MP tells us what brought him to his portfolio, what keeps him going and how he sees concentration in Australian markets. Plus the Productivity Inquiry meets the Economic Dynamism Inquiry, a virtual ecosystem of digital ecosystem news from dating to default dance moves, and a High Court victory for Botox alternatives and comparative advertising. All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast.
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27 Oct 2022 | A.I. Artificial Intelligence: Regulator challenges and learning on the job with Peter Waters. | 00:33:12 | |
Are regulators ready for AI? Or do they need AI to help them? Peter Waters decodes the multiple challenges regulators face, and reprograms us for an innovation mindset as AI reaches from human brains to horses' feet, from detecting cartels to creating questionable art. Plus a new sequel to the Hilmer and Harper reforms, new merger process proposals on the horizon, and small duchesses and scant batchelors in the slate roofing cartel. All this and more on the latest episode, with co-hosts Moya Dodd and Matt Rubinstein.
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17 Aug 2022 | London Calling: Richard Feasey rings the bell on communications regulation in the past, present and future. | 00:37:26 | |
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…
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13 Sep 2021 | Misuse of market power – why are private companies stepping in where the ACCC fears to tread? | 00:24:04 | |
Australia’s competition regulator the ACCC fought hard for a new law against misuse of market power, but it’s private companies who are using it more. Our Partner Simon Muys tells us why and what it means for businesses who might have market power or who deal with someone who does. Plus Rod Sims outlines one possible future for merger approvals in Australia, Treasury consults on major changes to unfair contract term laws, a decision in the Epic v Apple case in the US and more … Subscribe to the podcast mailing list - https://bit.ly/3mTksV0 Show notes: Merger review proposals
Unfair Contract Terms
Simon Muy's article
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24 Nov 2022 | Work in Progress: Elizabeth Avery on progressive antitrust in the US and beyond | 00:31:15 | |
Group leader Elizabeth Avery reports from a world tour of competition law conferences with an update on the new progressive antitrust which is quickly occupying the mainstream in the US, Europe and beyond. Plus ex ante or up-front regulation on the horizon with latest Interim Report in the Digital Platform Services Inquiry, an update on merger reform proposals, a lamentable rise in poetry scams, and class actions for cyber incidents. All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.
Links:
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18 Mar 2022 | The Big Interview: Gina Cass-Gottlieb, incoming ACCC Chair | 00:57:38 | |
An exclusive 1:1 with incoming ACCC Chair -- and until recently G+T partner -- Gina Cass-Gottlieb. From her family kitchen table to her formative school days to who she supports in the Premier League, we bring you a unique and up-close look at the woman who will shape our competition law landscape in the years to come. She'll be looking back on her experiences as a pioneering practitioner and the only woman in too many rooms, and forward to the cultural change we're seeing in law and business. Plus a quick roundup of other news from the season break. Subscribe to the podcast mailing list - https://bit.ly/3iq3tGB
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28 Aug 2024 | Not Guilty by Association: Tanya Macdonald on collaboration without collusion in industry associations. | 00:38:04 | |
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. | |||
21 Feb 2024 | Merger on the Dancefloor: Partners Elizabeth Avery and Simon Muys with the latest on the merger reform debate | 00:40:07 | |
Partners Elizabeth Avery and Simon Muys take us through the latest on the merger reform debate, how the ACCC's position has evolved and how its package deal might be unbundled. Plus time is a flat circle with supermarket inquiries and the cozzie livs, disrupting the Chocolate Cartel with Willy Dubs, expensive typos from Mariner I to the latest real estate scams, and dance hall revivals from West Ham to "No Whyalla Wipeout". All this and more AI fingers with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge Podcast.
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13 Jun 2024 | Merger by Numbers: Elizabeth Avery and Xavier Keary on the new merger framework and venture capital | 00:35:40 | |
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.
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04 Oct 2023 | Surrey with the Fringe on Top with Elizabeth Avery and Louise Klamka | 00:34:42 | |
Partners Elizabeth Avery and Louisa Klamka return from the International Antitrust Forum in the home counties with all the latest on competition practice and enforcement around the world. Regulators are embracing novel theories of harm, but what do the courts think? All will be revealed – to the extent permitted by the Chatham House Rule. Plus the Matildas make the anti-siphoning list, the ACCC tells Transurban to take the rat run, Microsoft nears the end credits in its quest for Activision, and the FTC takes another stab at its white whale, or lake monster. All this and economic dynamism with co-hosts Moya Dodd and Matt Rubinstein.
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07 Dec 2021 | Unfair terms in standard form contracts -- what do the coming changes mean for you? | 00:27:40 | |
State and Commonwealth governments have agreed to toughen protections for consumers and smaller businesses against unfair terms in standard form contracts. Many businesses use these contracts and we've all signed or clicked on them, often without a clear idea of the risks involved. Partner Charles Coorey joins us to discuss the coming changes and what they mean for you. Plus the ACCC's review of Amazon's purchase of MGM, Tool Time with Techtronic and Tooltechnic, the consumer data right in the energy and telco sectors, new ACCC Commissioner Liza Carver and more! Subscribe to the podcast mailing list - https://bit.ly/3lGSD0W Links from the episode:
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26 Jul 2023 | The answer to everything? A.I. governance and ethics with Prof Ed Santow, Simon Burns, Andrew Hii and Jen Bradley | 00:37:42 | |
Former Human Rights Commissioner Prof Ed Santow of the UTS Human Technology Institute joins G+T's Simon Burns, Andrew Hii and Jen Bradley to discuss A.I. governance and ethics, sexy powerpoints and The Simpsons. Plus the Microsoft/Activision merger levels up, the ACCC grapples with greenwashing, the Tower of Babel is looking kind of shaky, and what's the deal with Secure-a-Spot not securing a spot? All this and Go The Matildas! with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast.
Links in the shownotes:
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10 May 2024 | Bonus Episode: Good Sports: Rachel Davis and Mary Harvey on how human rights principles from the business world have been applied to sport | 00:25:39 | |
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.
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11 Dec 2022 | Number Five is Alive: ACCC Digital Platforms chief Kate Reader on the latest report of the big tech inquiry and the argument for upfront regulation. | 00:34:17 | |
Half-time at the ACCC's five-year Digital Platform Services Inquiry sees the agency reflecting on changes in the high-tech sector and recommending a new approach to regulation, with up-front or ex-ante rulemaking in additional to traditional enforcement. Digital Platforms Branch General Manager Kate Reader discusses the ACCC's proposals and what they would mean for big tech, small business and consumers. Plus turf wars and concerted practices, government action on privacy and buy-now-pay-later arrangements, and Swift justice for Ticketmaster. All this and more with co-hosts Moya Dodd and Matt Rubinstein on The Competitive Edge with Gilbert + Tobin.
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28 May 2024 | Safety Not Guaranteed: Amelia McKellar on the ACCC's plans to turbo-charge Australia's consumer guarantees. | 00:34:21 | |
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.
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09 Sep 2021 | Introducing The Competitive Edge | 00:00:35 | |
What you need to know about the latest in competition law and policy from Australia’s leading Competition and Regulation practice at Gilbert + Tobin. Subscribe to the podcast mailing list - https://bit.ly/3bVDpAe
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03 May 2023 | The Port Report with Sarah Lynch | 00:30:41 | |
Special Counsel Sarah Lynch brings us all sorts of reports on ports, as NSW Ports scores a win against the ACCC and critical infrastructure and privatisation remain in the crosshairs for regulators and enforcers. Plus the ACCC's plans to overhaul merger approvals and turn back the Qantas acquisition of Alliance; the new Stanford AI Index and our own index of Als and Alis; severed Viking heads and Norse poetry. All this and more with co-hosts Moya Dodd and Matt Rubinstein
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19 Dec 2023 | The view from 9,144 metres: Professor Frédéric Jenny on climate change, AI and digital platforms | 00:41:15 | |
OECD Competition Committee Chair Professor Frédéric Jenny joins us to talk about the long arc of the competition law universe, from the Chicago School through COVID to climate change, digital platforms and artificial intelligence. Plus motorways and Rebel Wilson, the inaugural GCR Live conference in Sydney, greenwashing ocean-bound plastics, both kinds of RPM, the Government response to Reppo No. 5 and the ACCC's call for ex ante regulation, and Epic's saga against Google. All this and a new competition law cryptic crossword with co-hosts Moya Dodd and Matt Rubinstein
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