Haydn Flack
Partner, Sydney
I am a competition, regulatory and consumer protection specialist. I work with clients to manage risk and compliance issues, navigate complex statutory frameworks, and respond to investigations and enforcement action involving a variety of regulators.

I work with clients to assess and respond to regulatory risk, particularly under Australia's competition and consumer protection regimes. I am recognised for providing practical and strategic advice to clients dealing with regulators – to manage risks and achieve commercial objectives. Clients often look to me to assist them in responding to inquiries from regulators. This includes sensitive ACCC cartel investigations, complex consumer protection matters, and inquiries into the dynamics of markets.

I enjoy helping clients to achieve their commercial objectives. This includes obtaining competition clearance for complex transactions, structuring agreements to avoid risks, and reviewing consumer arrangements to deliver customer focused outcomes.

I work with clients across a broad range of industries, with a particular focus on financial services, telecommunications, health and pharmaceuticals, consumer goods and aviation. Both Doyle's Guide and Legal 500 have independently recognised my skills as a competition and regulatory specialist.

Career highlights

Managing complex regulatory investigations including:

  • Commonwealth Bank of Australia on long running investigations (ASIC and ACCC) and ASIC enforcement action concerning foreign exchange trading activity and alleged benchmark interest rate manipulation (bank bill swap rate)
  • Insurance Australia Group in relation to the ACCC's multi-year inquiry into the supply of building, contents and strata insurance in northern Australia
  • SingTel Optus in relation to various regulatory matters including ACCC investigations concerning customer speeds in respect of NBN internet services
  • Commercially sensitive investigations including:
    • ACCC investigations regarding potential instances of cartel conduct and other anti-competitive arrangements
    • Inquiries by regulators including foreign antitrust authorities, ASIC and the Australian Communications & Media Authority

Advising on competition issues in relation to high profile transactions including:

  • oOhmedia!'s $570 million acquisition of competitor HT&E Limited's out-of-home advertising business, Adshel
  • Urbanest in relation to the $2 billion sale of its student accommodation portfolio to Scape
  • dnata, part of the Emirates Group, in relation to its acquisition of Qantas' catering businesses
  • Singtel Optus' interests in relation to litigation concerning the merger of TPG Telecom and Vodafone Hutchison Australia

Managing competition and regulatory issues to achieve commercial outcomes including:

  • International Air Transport Association regarding the design and implementation of a program to modernise its global Passenger Agency Program
  • Regulators and regulated entities operating under complex statutory frameworks, including essential services such as water and electricity