Episodes
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...
Published 03/01/23
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...
Published 02/16/23
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...
Published 12/11/22
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...
Published 11/24/22
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...
Published 11/09/22
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...
Published 10/27/22
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...
Published 10/11/22
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...
Published 09/16/22
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...
Published 08/31/22
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...
Published 08/17/22
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...
Published 08/02/22
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. Visit our website for details regarding the selection process for each office and to access the...
Published 07/05/22
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...
Published 06/22/22
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 -...
Published 06/09/22
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...
Published 05/26/22
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 -...
Published 05/15/22
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 -...
Published 04/11/22
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 -...
Published 03/28/22
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...
Published 03/18/22
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...
Published 12/07/21
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: Prof Anina Rich of Macquarie University on...
Published 11/22/21
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...
Published 11/08/21
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...
Published 10/25/21
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...
Published 10/18/21
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 -...
Published 10/11/21