I specialise in advising on risks from the access and restrictive trade practices provisions of Australia's Competition & Consumer Act, including misuse of market power and price fixing. I manage risk for my clients from regulatory investigations, defend enforcement action under competition and securities laws, as well as achieve competition clearance for major mergers.

Specialties include: risk & regulatory, antitrust, competition law, cartels, communications regulation, securities regulation, executive accountability frameworks.

Career highlights

• Commonwealth Bank of Australia on regulatory investigations (ASIC & ACCC) in foreign exchange trading activity and alleged interest rate benchmark manipulation (BBSW).
• Commonwealth Bank of Australia on its implementation of Australia's Banking Executive Accountability regime (known as BEAR).
• IAG on a variety of issues arising under the CCA, including the ACCC's ongoing Northern Australia Insurance Inquiry.

• oOh!Media on its AU$570m acquisition of competitor Adshel.
• IAG, Australia's largest general insurer, on successful ACCC clearance of its $1.45bn acquisition of Wesfarmers Insurance.
• CIMIC on its $524m acquisition of UGL, an Australasian provider of engineering, construction and maintenance services.
• Linfox Armaguard on its acquisition of the cash logistics business of Brink's Australia.
• EMC on the optimal strategic approach to ACCC clearance in the context of massive Dell worldwide transaction with multiple antitrust filings and extensive regulator co-ordination.
• ACCC clearance for Australian and New Zealand aspects of World Fuel Service's acquisition of Exxon's general aviation fuels business at 83 airports in Canada, the United Kingdom, Germany, Italy, Australia and New Zealand.
• 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.
• Helping IATA to intervene in proceedings alleging that Flight Centre attempted to induce airlines (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.

• Leading Individual, Competition and Market Regulation - Chambers Asia Pacific: 2008 to 2020. Paul is "able to quickly grasp the commercial and technical drivers of any transaction and (is) very adept at identifying the regulatory risks and providing creative solutions to work around them".
• Elite ranked practice - Global Competition Review 2020, for the tenth year running.
• Recognised as Most Highly Regarded and a Thought Leader in Who's Who Legal – Competition 2019 to 2020. Clients describe Paul as a "creative and smart lawyer" with a "deep understanding of competition law".
• Leading Individual, Competition and Trade - The Legal 500 Asia Pacific: 2020. Clients said "a seasoned veteran and master strategist" and "he has the full set of expertise and technical skills one would expect from a top-tier market leader, but differentiated by particularly high levels of emotional intelligence...amazingly easy to deal with and very confidence inspiring, so I am comfortable putting him before the Board".

Bar Admissions
High Court of Australia
Supreme Court of NSW

Education
BA (Juris), LLB (Hons)

• Law Council of Australia Trade Practices Committee
• American Bar Association Antitrust Section
• American Bar Association International Law Section (Antitrust Committee)

• Can you regulate for accountability?
  

  New study looks at the impact of the BEAR on individual accountability and risk culture in the banking sector (so far)...

• Financial Accountability Regime Status update: FAR Bill introduced
  

  The long-awaited Bill to establish the Financial Accountability Regime (FAR) was introduced into the House of Representatives on 28 October 2021.  Importantly, while the Bill is similar in most respects to the draft legislation released for consultation in July-August 2021, it is not identical.  The proposed FAR is also not identical to the existing Banking Executive Accountability Regime (BEAR) which, if legislated, it will replace. We provide an overview and discussion of the key measures in Bill.  

• MinterEllison takes out 'Behavioural matter of the year' at the 2018 GCR Awards
  

  Landmark case receives prestigious award from Global Competition Review.

• Is competition law a roadblock to sustainability initiatives?
  

  Competition law concerns about collaborating with competitors can create a barrier for businesses to innovate and respond to the threats associated with climate change. We identify some lessons from the regulatory response to the pandemic as well as international regulatory developments to explore the role of competition law to facilitate climate-related financial risk mitigation and adaptation and how the ACCC can help.

• International Comparative Legal Guide to Merger Control 2019: Australia
  

  MinterEllison has written the Australian chapter of the International Comparative Legal Guide to: Merger Control 2019.

• Australian Merger Control: Change in uncertain times
  

  With the Australian competition regulator calling for reform and a renewed focus on big tech and international collaboration, change is on its way for Australia's merger control regime. What does this mean for investors and transactions?

• ACCC 2021 compliance and enforcement priorities
  

  This week, the ACCC announced its compliance and enforcement policies for 2021. We provide a high level summary of its engagement strategies, focus sectors and merger control law reform.

   

• Food and agribusiness sector remains key priority for ACCC: 12 areas of activity and concern
  

  The Australian Competition and Consumer Commission (ACCC) has been active in education and enforcement of competition and consumer law issues in the agribusiness and food sphere over the past year.

• ACCC's 2019 compliance and enforcement priorities
  

  The ACCC’s Compliance and Enforcement Policy and Priorities for 2019, announced yesterday, highlight their top priorities: competition enforcement, consumer law enforcement, product safety, current market studies and advocacy.

• ACCC loses first contested criminal cartel case
  

  The ACCC has recorded a historic loss in the first criminal cartel case to run to trial in Australia. It is, however, a reminder of the impact (time, cost, stress) of regulatory investigations.

• The proposed new Financial Accountability Regime: new minimum standards for entities, boards and senior management across the economy?
  Overview | Treasury proposal paper on the new Financial Accountability Regime (FAR)
• ACCC's Digital Platforms Inquiry calls for far-reaching reforms 
  The ACCC's preliminary report on the Digital Platforms Inquiry contains far-reaching recommendations that impact business, the media, and consumer privacy rights.
• Reforms and penalties on the way for unfair contract terms
  

  Proposed unfair contract term reforms include the introduction of penalties for reliance on an unfair term and an expansion of the UCT regime's scope. We explore what this could mean for businesses.

   

• FSRC Final Report: BEAR Regime
  

  FSRC Final Report BEAR Regime insights for industry

• One step closer to reforms and penalties for unfair contract terms
  

  The Treasury Laws Amendment (Enhancing Tax Integrity and Supporting Business Investment) Bill 2022 (the Bill), has been introduced. As foreshadowed in prior exposure draft legislation (Draft Legislation), the Bill proposes to strengthen and expand the unfair contract term (UCT) regime. It includes the introduction of penalties to propose, apply or rely on an unfair term in applicable contracts and expansion of the UCT regime's scope. We explore what's new in comparison to the current UCT laws and the draft legislation released in late 2021.

• Government's support of ACCC Digital Platforms Inquiry
  The Australian Government has delivered its response to the Australian Competition and Consumer Commission's Digital Platforms Inquiry. The Government's response has largely supported the ACCC's recommendations and sets out a detailed roadmap of work for 2020 and into 2021. This includes the creation of a new 'Digital Platforms Branch' within the ACCC which will continue to examine the sector.
• High Court upholds price fixing judgment against Flight Centre
  

  The High Court has today found in favour of the ACCC in its appeal to re-instate a finding by the Federal Court that Flight Centre Travel Group attempted to engage in price fixing. In reaching this decision, the majority of the Court have found that a principal and an agent can compete with each other, but it will depend on the facts and surrounding circumstances in each case.

• Getting the global deal done amid the COVID-19 crisis
  

  Perspectives on key FIRB and ACCC issues impacting global and multinational transactions with an Australian dimension.

• Unfair contract terms regime extended to 'small business contracts' - implications for IT contracts
  
• Watch out – Australian Consumer Law broadens again
  

  A key change coming into effect on 1 July 2021 will shine a spotlight on who is a 'consumer', plus future reforms to major failures and unfair terms.

• ACCC seeking feedback on a class exemption for collective bargaining
  

  The ACCC is seeking feedback on a proposed collective bargaining class exemption that would allow many smaller businesses to collectively bargain with their customers or suppliers.

  The collective bargaining class exemption will provide eligible businesses with a 'safe harbour' to engage in the conduct specified in the class exemption without the risk of breaching the relevant provisions of the Competition and Consumer Act 2010 (Cth) (CCA).

• Competition and Consumer Law nutshell - Penalties
  An analysis of the core commercial issues in penalties from 2012, and those to watch closely in 2013.
• Financial Accountability Regime: Bills (re)introduced
  

  The long-awaited Bills to established the proposed FAR were (re)introduced into the House of Representatives on 8 September 2022

• Global Legal Insights: Merger Control 2019 Guide: our contribution
  Merger clearance continues to be a headline deal risk in Australia. Understanding the key pressure points and evolving areas of risk will help to navigate this complex and evolving regulatory hurdle.
  
  
• Australian Competition Tribunal releases reasons for authorising Sea Swift's proposed acquisition of Toll marine freight business
  
• End of an era: Repeal of s51(3) of the CCA and implications for your IP
  

  A new bill, if passed, will repeal the IP exemption in the Competition and Consumer Act 2010 (Cth), requiring IP rights holders to ensure that the conditions in their licensing arrangements do not contravene the anti-competitive conduct prohibitions in that Act.

• What are the implications of the High Court’s decision in Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd
  
• Why not litigate (again)?
  The Australian Securities and Investments Commission (ASIC) has commenced proceedings against Bendigo and Adelaide Bank and separately, against the Bank of Queensland over (alleged) unfair small business loans.
• ACCC 2020 compliance and enforcement priorities
  The ACCC’s Compliance and Enforcement Policy and Priorities for 2020, announced yesterday, highlight its top priorities: competition enforcement, consumer law enforcement, product safety, current market studies and advocacy.
• Consultation on draft legislation to establish the Financial Accountability Regime
  

  The government has released long awaited draft legislation that will establish the Financial Accountability Regime. We provide an overview and discussion of the key measures.

• Merger clearance is a headline deal risk in Australia
  

  MinterEllison has authored the Australian Chapter of the Chambers and Partners Merger Control 2019 Second Edition Guide.

• Heavy new penalties arrive for the Australian Consumer Law
  

  The Australian Consumer Law (ACL) has been amended to increase the maximum penalties that can be handed down for breaching the ACL.

  The substantial increase aligns those maximum penalties with the current maximum penalties for contravening the competition provisions under the Competition and Consumer Act 2010.