Plumbing the Depths of the Court’s Port Crown Cal

Check out my recent video presentation entitled "Plumbing the Depths of the Court’s Port Crown Call" where I look at Jagot J's decision in ACCC v NSW Ports Operations Hold Co Pty Ltd [2021] FCA 720 and the Full Federal Court decision in ACCC v NSW Ports Operations Hold Co Pty Ltd [2023] FCAFC 16. I consider the questions of Crown immunity, derivative crown immunity and the purpose and effect of substantially lessening competition. I conclude that the decisions were wrongly decided on both derivative crown immunity and the finding that purpose of the relevant Port Commitment Deed provisions was not to substantially lessen competition the NSW market for the provision of container port services.

Run time 43 mins

Recent work

Just finished updating and revising the Consumer Guarantees, Consumer Transactions, Unsolicited Consumer Agreements and Warranties Chapters of the CCH Australian Competition and Consumer Law Reporter, Volume 2 – Consumer Law.

https://www.wolterskluwer.com/en-nz/solutions/cch-intelliconnect-apac/australian-competition-and-consumer-law-reporter

The Australian Informal Merger Clearance System - The End is Nigh

Check out my video entitled "The Australian Informal Merger Clearance System - The End is Nigh" in which I discuss the ACCC's Proposed Merger Reforms as announced by Gina Cass-Gottlieb at the National Press Club Address on 12 April 2023. I examine the context and reasons for the proposed changes, outline each of the six main changes and the likely implications of the changes on Australian merger law practice.

Run time 30 mins