Current Practice
Peter advises clients on challenging competition law and regulatory issues with a view to giving options and finding the best commercial solution. His practice includes transactional advice, merger clearances, joint ventures and collaborations, and enforcement response and defence. Peter has worked across a range of industry sectors including resources and mining (with clients such as BHPB, Woodside and the North West Shelf Venture) and manufacturing and wholesale (with clients such as DuluxGroup, Orica, National Foods, Gunns and GUD). Peter has excellent relationships with key economic regulators and worked as a senior officer in the ACCC prior to joining Freehills.
Experience
Peter has advised on the application of the competition provisions of the Trade Practices Act to a wide variety of commercial arrangements and transactions and has assisted businesses in their dealings with the ACCC and other regulators. In particular, he has:
- advised clients on the competition effects of proposed mergers or acquisitions and, where necessary, assisted them in obtaining ACCC ‘clearance’. For example, Peter has:
- assisted National Foods in its acquisition of Dairy Farmers and in negotiating ACCC divestiture undertakings
- assisted Gunns in acquiring forestry assets of FEA, Elders and Great Southern
- assisted AXA in considering competition law issues associated with bids from NAB and AMP
- assisted Singapore Power in its acquisition of the ‘eastern’ energy infrastructure assets of Alinta and in the negotiation of associated structural and behavioural ACCC undertakings
- assisted Coles Group to expand its packaged liquor retailing business in Queensland
- assisted Wesfarmers in its acquisition of Linde Gas pursuant to an ACCC approved purchaser process
- advised companies in joint ventures and collaborative arrangements. For example, Peter has recently assisted the North West Shelf joint venture parties (who together operate the largest project in Australia) in managing trade practices issues associated with the production and joint marketing of natural gas in Western Australia. This has included responding to ACCC and Senate inquiries and obtaining ACCC authorisations
- assisted clients in responding to ACCC investigations of alleged anti-competitive conduct and in ACCC-instituted Court proceedings
- advised on the application of competition law in areas such as strategic pricing behaviour, exclusive dealing and refusal to supply
- helped clients manage and respond to applications for public interest authorisations. For example, Peter assisted Gunns in successfully resisting a proposed collective bargaining authorisation for forestry contractors
- advised companies and authorities in the implementation of tailored and effective trade practices compliance programs. For example, Peter assisted AEMO to introduce a trade practices compliance program and to roll out training for its staff.
Peter also has considerable experience in dealing with claims of misleading and deceptive business conduct. In particular, he has:
- advised clients in relation to print and television promotions
- assisted clients in responding to significant ACCC and ASIC investigations and in negotiating acceptable administrative solutions. For example, Peter assisted Industry Fund Services in relation to its superannuation comparative advertising campaigns and Coles in relation to advertising associated with fuel discounts.
During his years with the ACCC prior to joining Freehills, Peter:
- was involved in several national and international cartel investigations, prosecutions and settlement negotiations. These included the international vitamins cartel and the domestic transformers cartel
- drafted the first ACCC leniency policy for cartel conduct
- assisted the ACCC in its intervention in the Melway misuse of market power matter before the High Court.
Professional background
Peter holds a Bachelor of Science and Bachelor of Laws from the University of Melbourne and a Graduate Diploma in Economics from the Australian National University. Peter is also a member of the Law Council of Australia Trade Practices Committee. Peter was previously a senior officer at the ACCC.