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12th Annual University of South Australia Competition and Consumer Workshop

10-11 October 2014Crowne Plaza, Adelaide

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InvitationOn behalf of the School of Law at the University of South Australia (UniSA) I would like to extend an invitation to you to participate in the 12th Annual UniSA Competition and Consumer Workshop, to be held at the Crowne Plaza Adelaide on Friday 10th and Saturday 11th of October this year. Previously this Workshop has been organised by Professor David Round in his capacity as Director of the Centre for Regulation and Market Analysis. Over the years David has

done an outstanding job in bringing together a high profile and engaging group of experts in the area of Competition and Consumer Law. The School of Law has been especially grateful to him for his valuable contributions in the planning of this year’s Workshop. The organizing committee this year has included Professor David Round, who has recently retired from UniSA, Justice Mansfield of the Federal Court, Sarah Court, Commissioner of the Australian Competition and Consumer Commission, Peter Campbell, Partner at Kelly & Co., and Associate Professor Peter MacFarlane from the UniSA School of Law. Alicia Lepka continues as our Workshop administrative officer. Our thanks go to our sponsor the Law Council of Australia for their support. We are especially pleased to have been able to secure as our panellists, a number of national and international experts in the area. In the past, this Workshop has been the major event for those involved in this area of law. The opportunity to discuss relevant issues of the day with others in the area and to engage in informal dialogue with colleagues will, we believe, provide a valuable experience for all who attend. Our conference dinner at the recently re-vamped Adelaide Oval will be a special night. I look forward to seeing you in Adelaide in October. Professor Marie Wilson Pro Vice-Chancellor (Business and Law), UniSA Business School

The 12th Annual Competition and Consumer Workshop is supported by

Business School

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Title Name Position Organisation

Chief Justice James Allsop AO Federal Court of Australia

Justice Raynor Asher High Court of New Zealand

Madam Justice Queeny Au-YeungDeputy President Competition TribunalCourt of First Instance High Court of Hong Kong

Catherine Barnett Chief Executive Officer Food SA

Assoc. Professor Jenny Buchan Associate Professor Australian School of Business, University of New South Wales

Caroline Coops Managing Partner, Corporate Advisory King & Wood Mallesons

Timothy Geer Assistant Director, Mergers Competition and Markets Authority United Kingdom

Justice Andrew Greenwood Federal Court of Australia

Rami Greiss Executive General Manager Australian Competition and Consumer Commission

Professor Ian Harper Chair Competition Policy Review

Chris Jose Partner Herbert Smith Freehills

Michael O’Bryan QC Panel member Competition Policy Review

Justin Oliver Partner Minter Ellison Lawyers

Wendy Peter General Counsel Australian Competition and Consumer Commission

Justice Alan Robertson Federal Court of Australia

Charles Scerri QC Barrister Chancery Chambers

Dr Michael Schaper Deputy Chair Australian Competition and Consumer Commission

Josh Simons Partner Thomson Geer

Rod Sims Chairman Australian Competition and Consumer Commission

Toh Han Li Chief Executive Competition Commission Singapore

Elisabeth Welson Commissioner Commerce Commission New Zealand

Dr Philip Williams AM Chairman Frontier Economics

Dr Graeme Woodbridge Specialist Economic Advisor Australian Competition and Consumer Commission

Richard York Frontier Economics

Panellists

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Program of eventsDay one

Friday 10 October

9.00 am Registration and morning tea

10.00 – 10.15 am

Opening Professor Marie Wilson, Pro Vice Chancellor (Business and Law) UniSA Business School

10.15 – 11.45 am

Session 1 Regulator update

Timothy Geer, Assistant Director, Mergers, Competition and Markets Authority UK Rod Sims, Chairman, Australian Competition and Consumer Commission (ACCC) Toh Han Li, Chief Executive, Competition Commission Singapore Elisabeth Welson, Commissioner, Commerce Commission NZ

11.45 – 1.15 pm

Session 2 Small business

Catherine Barnett, CEO, Food SA Jenny Buchan, Associate Professor, Australian School of Business, UNSW Michael Schaper, Deputy Chair, ACCC Josh Simons, Partner, Thomson Geer

1.15 pm Lunch

2.00 – 3.30 pm

Session 3 The Australian Competition Tribunal: lessons learned to date

Charles Scerri QC, Barrister, Chancery Chambers Rami Greiss, Executive General Manager, ACCC Chris Jose, Partner, Herbert Smith Freehills

3.30 pm Afternoon tea

3.45 – 5.15 pm

Session 4 Dealing with the regulator: looking back over the fence

Wendy Peter, General Counsel, ACCC Justin Oliver, Partner, Minter Ellison Lawyers Graeme Woodbridge, Specialist Economic Advisor, ACCC Richard York, Frontier Economics

7.00 – 11.00 pm

Dinner at the Adelaide Oval, War Memorial Drive

After-dinner speaker Ben McDevitt, CEO, Australian Sports Anti-Doping Authority

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Program of eventsDay two

Saturday 11 October

9.00 – 10.30 am

Session 5 Federal Court perspective

Chief Justice James Allsop AO, Federal Court of Australia Justice Andrew Greenwood, Federal Court of Australia Justice Alan Robertson, Federal Court of Australia

10.30 –11.00 am

Morning tea

11.00 – 12.00 pm

Session 6 International judicial perspective

Justice Raynor Asher, High Court of New Zealand Madam Justice Queeny Au-Yeung, Competition Tribunal / High Court of Hong Kong

12.00 – 12.30 pm

Lunch

12.30 – 2.30 pm

Session 7 The ‘root and branch’ review

Ian Harper, Chair, Competition Policy Review Caroline Coops, Managing Partner, Corporate Advisory, King & Wood Mallesons Michael O’Bryan QC, Panel Member, Competition Policy Review Philip Williams AM, Chairman, Frontier Economics

2.30 pm Close

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Chief Justice James Allsop AOFederal Court of AustraliaFrom 1981–2001 Chief Justice James Allsop practised at the Bar in New South Wales and elsewhere in Australia. He was appointed Senior Counsel in New South Wales in 1994 and Queen’s Counsel in Western Australia in 1998. He served as a Judge of the Federal Court of Australia from May 2001 to June 2008, undertaking the roles of trial and appellate judge on a full range of Federal Court work. In June 2008, Chief Justice Allsop was appointed as President of the New South Wales Court of Appeal.

Justice Raynor AsherHigh Court of New ZealandJustice Raynor Asher was a partner at Kensington Haynes & White and Kensington Wallace (later Kensington Swan) from 1976–86 and in 1986 commenced practice as a barrister. In 1992 he was appointed Queen’s Counsel. From 1996–98 he was President of the New Zealand Bar Association and then President of the Auckland District Law Society between 2002 and 2003. He took on the appointment of Vice President, New Zealand Law Society from 2003–05 and was appointed to the High Court bench in 2005.

Madam Justice Queeny Au-YeungDeputy President, Competition Tribunal Court of First Instance, High Court of Hong KongThe Honourable Madam Justice Au-Yeung was called to the Bar in Hong Kong in 1985 and was in private practice from 1986 until she joined the Judiciary as Magistrate in 1995. She was appointed as Registrar of the District Court in 2001, District Judge in 2003, Registrar of the High Court in 2007, and Judge of the Court of First Instance of the High Court in August 2012. She was appointed as the Deputy President, Competition Tribunal on 1 August 2013.

Catherine BarnettChief Executive Officer, Food SACatherine Barnett is Chief Executive Officer of Food South Australia Inc., the State’s peak industry body for food manufacturers and producers. Catherine is passionate and committed to developing South Australia’s food industry and continuing to raise the profile of the importance of the industry. She leads a team of people based in Adelaide as well as China and Japan. Catherine has worked with a number of large organisations across a number of sectors and setup a marketing consultancy which she ran prior to becoming the CEO of Food SA. Her clients ranged across the private and public sector.

Associate Professor Jenny BuchanAssociate Professor, Australian School of Business, University of New South WalesJenny Buchan is an Associate Professor with the School of Taxation and Business Law, Australian School of Business at the University of New South Wales. Prior to this appointment she worked as a commercial lawyer in private practice in New Zealand, Melbourne and Sydney, and as a compliance consultant. Jenny has been a member of the Australian Competition and Consumer Commission’s Franchising Consultative Committee since 2010 and has published extensively in the areas of franchising law and policy, and insolvency as it affects franchise networks.

Caroline CoopsManaging Partner, Corporate Advisory, King & Wood MallesonsCaroline Coops practices in the Competition and Regulatory team and guides clients through complex merger clearance matters, abuse of dominance, regulatory investigations, pricing and distribution strategies, and marketing and consumer law issues. She is Deputy Chair of the Competition and Consumer Committee of the Law Council of Australia (Business Law Section).

Panellist profiles

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Timothy GeerAssistant Director, Mergers, Competition and Markets Authority United KingdomTim Geer is a graduate (in economics) of the University of South Australia. After leaving the University he worked for several years at the Productivity Commission in Canberra. After a brief period researching productivity issues at HM Treasury in London, Tim now works at the UK’s lead competition agency, first at the Office of Fair Trading and now its successor body, the Competition and Markets Authority where he is Assistant Director, Mergers.

Justice Andrew GreenwoodFederal Court of AustraliaJustice Andrew Greenwood was appointed to the Federal Court of Australia on 4 August 2005. Prior to his appointment, Justice Greenwood practised extensively in the fields of commercial litigation, intellectual property and competition law. He was formerly a partner of Minter Ellison Lawyers, and a member of its National Partnership Board and Chairman of the Brisbane Partners. He was Queensland Convenor of the Law Council’s Intellectual Property and Trade Practices Committees and a member of a number of international professional associations including the Foreign Lawyers Committee of the Anti Trust Committee of the American Bar Association and the American Intellectual Property Law Association.

Rami GreissExecutive General Manager, Australian Competition and Consumer CommissionRami Greiss is the Executive General Manager, Mergers and Adjudication Group, at the Australian Competition and Consumer Commission (ACCC). He manages the ACCC’s merger review and authorisation functions under the Competition and Consumer Act 2010. Rami has also held the position of Deputy General Counsel in the ACCC’s legal group advising on merger and adjudication matters. Prior to joining the ACCC in 2006 he was a senior executive lawyer with the Australian Government Solicitor specialising in competition in consumer law.

Professor Ian HarperChair, Competition Policy ReviewProfessor Ian Harper is the Chair of the Review Panel for the Competition Policy Review. Professor Harper is a Partner at Deloitte Touche Tohmatsu, a Director of Deloitte Access Economics Pty Ltd and an Emeritus Professor of the University of Melbourne. Professor Harper is an economist whose experience spans academia, government and advising business. He was a member of the 1996–97 Financial Systems Inquiry (the Wallis Inquiry) and between 2005 and 2009 was inaugural Chairman of the Australian Fair Pay Commission.

Chris JosePartner, Herbert Smith FreehillsChris practises in the areas of competition law and market regulation in the public and private sectors. He has a particular interest in telecommunications regulation and the energy industry, and offers expertise in ACCC investigations, authorisation applications, collaborative ventures, mergers and acquisitions, pricing behaviour, and remedies and enforcement. Chris also specialises in administrative law relating to government decision making, and prior to joining Freehills as a partner in 2002, Chris was a barrister at the Victorian Bar and worked in a major commercial law firm as well as the Australian Government Solicitor’s office and the Trade Practices Commission.

Panellist profiles

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Michael O’Bryan QCPanel Member, Competition Policy ReviewMr Michael O’Bryan is a Queen’s Counsel at the Victorian Bar. Mr O’Bryan has practised extensively in the area of competition law, previously as a partner of the law firm Minter Ellison and currently as a barrister. Mr O’Bryan is a member and past chairman of the Competition and Consumer Committee of the Law Council of Australia.

Justin OliverPartner, Minter Ellison LawyersJustin Oliver specialises in competition, consumer and market regulation advice and related disputes, guided by more than ten years in high-level private and government practice. A former head of regulatory law for the ACCC and Australian Energy Regulator, Justin acts across multiple industry sectors including electricity and gas, rail and ports, retail, health, communications, higher education, construction and financial services.

Wendy PeterGeneral Counsel, Australian Competition and Consumer CommissionWendy Peter has been General Counsel of the ACCC since October 2011. Previously she was a partner of Allens in Melbourne for 21 years, specialising in competition and regulatory work, including merger clearances, assisting clients responding to ACCC investigations and defending proceedings brought by the ACCC.

Justice Alan RobertsonFederal Court of AustraliaJustice Alan Robertson was appointed to the Federal Court of Australia effective from 18 April 2011. He worked in the Commonwealth Public Service in Canberra from 1973–83, latterly in the Attorney-General’s Department. Justice Robertson moved to the private bar in Sydney in 1983, reading with WMC Gummow. He was appointed Senior Counsel for New South Wales in 1995. Justice Robertson was the convenor of the Administrative Law Section of the NSW Bar Association from 1995–2008 and convenor of the Constitutional and Administrative Law Section from 2008–11.

Charles Scerri QCBarrister, Chancery ChambersCharles Scerri QC has extensive experience as an advocate and advisor in a wide variety of commercial matters with a particular emphasis on contractual disputes, competition and consumer law matters, class actions and commercial disputes within the mining and resources sector. He appears principally in the Federal Court of Australia and the Supreme Court of Victoria. He also appears regularly interstate and in Papua New Guinea. Widely regarded as a leading advocate, Charles is regularly engaged by the Australian government, the Victorian government, the Papua New Guinea government, the ACCC and other Commonwealth agencies and departments.

Michael SchaperDeputy Chair, Australian Competition and Consumer CommissionMichael Schaper was appointed to the ACCC in July 2008 for a period of five years as Deputy Chair with knowledge and experience of small business issues. Dr Schaper brings extensive experience in the area of small business through his previous roles as ACT Small Business Commissioner, Dean of Murdoch University Business School in Western Australia and head of the School of Business at Bond University in Queensland.

Panellist profiles

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Josh SimonsPartner, Thomson GeerJosh joined Thomson Geer in 2013, after more than 7 years as a partner of Minter Ellison. He practices competition law with a commercial focus, specialising in merger clearances, authorisations and notifications, access issues, restrictive trade practices and consumer protection advice. Josh has particular expertise in advising national and international franchise and distribution networks. Josh is the SA Deputy Chair of the Law Council’s Competition and Consumer Committee, and led the Committee’s “Small Business Issues” workgroup in connection with its submission to the Harper Review. He is recognised in “Best Lawyers Australia” for his expertise in competition, regulatory and franchising.

Rod SimsChairman, Australian Competition and Consumer CommissionRod Sims was appointed Chairman of the ACCC in August 2011 for a five year term. Prior to his appointment to the ACCC, he was the Chairman of the Independent Pricing and Regulatory Tribunal of New South Wales, Commissioner on the National Competition Council, Chairman of InfraCo Asia, Director of Ingeus Limited, and member of the Research and Policy Council of the Committee for Economic Development of Australia. Rod also worked as the Deputy Secretary in the Commonwealth Department of Prime Minister and Cabinet responsible for economic, infrastructure and social policy and the Cabinet Office.

Toh Han LiChief Executive, Competition Commission SingaporeFrom 2009–13, Mr Toh was the Assistant Chief Executive (Legal & Enforcement) at the Competition Commission Singapore (CCS). Prior to being seconded to CCS in 2009, he served in various positions in the public sector, including as a Justices’ Law Clerk to the Chief Justice and the Court of Appeal of Singapore, Deputy Public Prosecutor and State Counsel, Senior Assistant Registrar at the Supreme Court and Registrar, and District Judge of the Subordinate Courts. Mr Toh also serves on several tribunals including the Military Court of Appeal and the Copyright Tribunal.

Elisabeth WelsonCommissioner, Commerce Commission New ZealandElisabeth Welson was appointed in September 2012 as Associate Commissioner and as a Commissioner on 19 August 2013. Before joining the Commission, Elisabeth was a senior commercial partner at the national law firm Simpson Grierson, where she co-led the competition and regulatory group and headed the energy, natural resources and utilities market group. She has practised as a Barrister and Solicitor in New Zealand, as well as a Solicitor of the Supreme Court of Queensland and Solicitor of the Supreme Court of New South Wales.

Dr Philip Williams AMChairman, Frontier EconomicsPhilip specialises in the relationship between economics and the law, and provides economic advice to clients in the areas of trade practices, access disputes, valuing damages, intellectual property and contractual disputes. Philip has advised the ACCC, the National Competition Council and the New Zealand Commerce Commission, as well as leading law firms in Australia and New Zealand. Prior to joining Frontier, he taught at the Melbourne Business School, University of Melbourne as a Professor of Law and Economics.

Panellist profiles

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Dr Graeme WoodbridgeSpecialist Economic Advisor, Australian Competition and Consumer CommissionDr Graeme Woodbridge has been a Specialist Economic Advisor with the ACCC since 2006. He has undertaken economic analysis and provided economic advice to the Commission on a wide range of competition matters including merger and adjudication matters and enforcement investigations. He has provided advice on competition matters across a range of industries including supermarkets, fuel retailing, airlines and telecommunications. Dr Woodbridge has previously worked at the Commonwealth Bank, Frontier Economics and the Productivity Commission.

Richard YorkFrontier EconomicsRichard’s key areas of expertise include the economic regulation of telecommunications networks (especially in relation to mobile phone networks) and the application of trade practices legislation in Australia and New Zealand. Prior to joining Frontier in 2009, Richard worked as the Regulatory Affairs Manager at Vodafone New Zealand and as the Economic Associate to the Australian Competition Tribunal. He also worked for the ACCC where he was responsibile for managing the regulation of the mobile phone industry in Australia. In addition to his work at Frontier, Richard is a Senior Fellow within the Melbourne Law School at the University of Melbourne.

Panellist profiles