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A leading competition lawyer, Paul advises on the restrictive trade practices and consumer protection provisions of Australia's Competition & Consumer Act. His expertise includes misuse of market power, price fixing, and exclusive distribution arrangements. He advises on and obtains informal merger clearances from the ACCC for clients in a wide range of industries including FMCG, telecommunications and manufacturing.
Advised Singapore Airlines and IATA in relation to proceedings alleging that Flight Centre attempted to induce competitors (Singapore Airlines, Malaysian Airlines and Emirates) to stop directly offering and booking their own international airfares (including over the internet) at prices less than Flight Centre offered.
Advised Global Forest Partners LP on the acquisition of significant wood chip handling facilities at the Port of Portland near the so-called forestry "Golden Triangle" in South-Eastern Australia. The port facilities are essential for the export of Australian wood fibre to places such as Japan for paper manufacture.
Advised NSW Government in relation to a major restructure of the State's non-metropolitan rail system which included an investment of A$800 million+ in rail infrastructure by the Commonwealth Government. The arrangements effectively incorporated 3000kms of NSW interstate and Hunter Valley mainline railway track under the same operation and management as the interstate standard gauge mainline railway track. We also subsequently advised on commercial arrangements in relation to the take up by ARTC of the Metropolitan Freight Network and the Southern Sydney Freight Line.
Acting for Optus in the successful appeal to the Australian Competition Tribunal in relation to Telstra's 2008 ULLS access undertaking under Part XIC of the Competition and Consumer Act 2010.
Defending Singapore Airlines Cargo in its prosecution by the ACCC for alleged airfreight cartel conduct and acting for it and Singapore Airlines in related class action proceedings.
Acting for Sumitomo Electric Industries in the Electric Cable litigation and the ACCC's investigation. One party was just fined $1.5m and two others are still being proceeded against. Sumitomo is not a respondent to the enforcement proceedings but has been involved in various aspects of the litigation.
Acting for Essilor International on Australian aspects of the acquisition of a controlling interest in photochromic lens maker Transitions Optical, successfully securing ACCC approval for the US$3bn transaction. The transaction demonstrated our ability to work closely with an international team, lead by Jones Day in New York, to secure clearance across multiple jurisdictions.