Event Register

The Harper Reforms: what you need to know

Halfday seminar 11 August, 2017

Marcus Bezzi, Executive General Manager, Competition Enforcement, ACCC; Jacqueline Downes, Partner, Allens; Katrina Groshinski, Partner, Minter Ellison; Russell Miller AM, Minter Ellison (Chair);

The Gallery Room, Mitchell Wing, NSW State Library

08:30AM to 12:30PM

PROGRAM
8.30am Registration opens

9.00am Welcome
Russell Miller AM, Minter Ellison (Chair)

9.05am The Harper changes — concerted practices, joint ventures and tying
Katrina Groshinski, Partner, Minter Ellison

10.05am The Harper changes — implications for misuse of market power
Jacqueline Downes, Partner, Allens

A practical look at conduct that may be captured by the revised law. Some issues that will be covered:
• Identifying relevant ‘markets’ and market power
• Inferring purpose where there is no effect
• Implications of removing the mandatory factors
• How to assess a substantial lessening of competition for unilateral conduct

11.05am Morning tea

11.25am ACCC enforcement and compliance priorities
Marcus Bezzi, Executive General Manager, Competition Enforcement, ACCC

Key competition priorities for 2017/2018 include:
• Serious cartels
• Commercial construction
• Agriculture
• Financial services
• Online issues including access to data and parity clauses

12.15pm Chair’s commentary and questions

12.30pm Close


Russell Miller AM, Minter Ellison
Russell is a member of Minter Ellison’s Australasian Competition Group. He is a long-standing strategic advisor to boards and senior management on governance, domestic and international acquisitions, de-mergers and privatisations. He is internationally recognised as one of Australia's leading competition lawyers. He has authored Miller's Australian Competition and Consumer Law Annotated (Thomson Reuters), the leading reference text, and Miller's Australian Competition Law and Policy (Thomson Reuters). Russell is a non-Government adviser to the International Competition Network (ICN) and a Fellow of the Australian Academy of Law. Russell was awarded an Order of Australia for his contribution to the legal profession in the fields of international and business law in 2005.


Katrina Groshinski, Partner, Minter Ellison
Katrina is a leading competition and regulatory lawyer, acting for both private and government clients advising on merger clearances, competition related litigation and investigations, authorisations, third party infrastructure access, price regulation, and consumer protection. She regularly deals with the ACCC and advises on transactions requiring foreign investment approval. She has particular expertise in heavily regulated industries such as financial services, transport, energy and water. She advises clients on all aspects of the operation of regulatory frameworks including the design of new frameworks, the optimal application and amendment of existing regimes the contexts of both privatisations and ongoing legislative reform. 


Jacqueline Downes, Partner, Allens
Jacqueline heads Allens' Competition Group. Clients rely on her advice and extensive experience in dealing with the ACCC and other regulators to resolve significant issues for their businesses. Jacqueline acts for clients on significant competition and consumer law matters including in relation to merger clearances, misuse of market power and ACCC investigations into cartel and other competition and consumer law matters as well as private actions. Jacqueline has particular expertise in mergers and is well known for achieving clearance of high profile and complex mergers, domestic and international. Jacqueline also has expertise in access matters under Part IIIA and Part XIC of the Competition and Consumer Act. Jacqueline has extensive experience in all aspects of consumer law, including unfair contracts, consumer guarantees and misleading or deceptive conduct.


Marcus Bezzi, Executive General Manager, Competition Enforcement, ACCC
Marcus is responsible for the ACCC’s competition law enforcement program, including misuse of market power cases and other cases involving anticompetitive conduct, the ACCC cartel immunity program, investigation of serious cartel offences, and referral of criminal conduct for prosecution and taking civil enforcement action under the Competition and Consumer Act 2010. Marcus also has responsibility for the ACCC’s work in the units established to focus on the agriculture, commercial construction and financial services. Marcus is a co-chair of the Unilateral Conduct Working Group in the International Competition Network. This group’s primary focus deals with the misuse of market power and other anticompetitive conduct by businesses. Marcus has a background as a government and private sector lawyer

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