Home Page / Expert Profiles / Brent Fisse

Australian Competition Law: Expert Profiles

Professor Brent Fisse

Principal, Brent Fisse Lawyers


Relevant qualifications

  • Image representing graduationBachelors Degree in Law (Canterbury Uni)
  • Masters of Laws (Adelaide Uni)


Relevant work history

  • Image of briefcase2005-current - Brent Fisse Lawyers
  • Current - Adjunct Professor of Law, University of Sydney
  • Senior Fellow, Melbourne Law School
  • Adjunct Professor of Law, La Trobe University
  • 1995-2004 - Partner, Gilbert + Tobin (practised mainly in trade practices and competition law and telecommunications regulation)

  • 1993-1995 - Consultant, Gilbert + Tobin
  • 1985-1995 - University of Sydney (Professor of law)
  • 1964-1985 - University of Adelaide Law School
  • 1984 - Mitchell Distinguished Visiting Professor, Trinity University, San Antonio
  • 1981-1982 - Research Professor, University of Delaware
  • 1968-1969 - Bicentennial Fellow, University of Pennsylvania


Relevant memberships and Affiliations

  • Member, American Bar Association Antitrust Section
  • Member, SIMA
  • Member, Law Council of Australia’s Trade Practices Committee.


Law reform and consultancies

  • Assisted various law reform agencies
    • 1973-1974 - SA Penal Methods Reform Committee (consultant)
    • 1974 - Australian Law Reform Commission, Powers of Criminal Investigation (consultant)
    • 1990-1997 - NSW Law Reform Commission (part-time Commissioner)
    • 1994 - Australian Law Reform Commission, Compliance with the Trade Practices Act (Commissioner part-time)
    • 2002 - Australian Law Reform Commission, Principled Regulation: Civil and Administrative Penalties in Australian Federal Regulation (member, Advisory Committee))
  • 1974-1975 - consultant to the Attorney-General’s Department (Federal Criminal Code project)
  • 1997-1998 and 2005-2006 - member of the drafting committee for AS 3806 Compliance Programs
  • Current - Consultant, Aegis Consulting group (Special Counsel, Competition Law and Policy)


Competition law publications and presentations

Image of bookSee also externallink list of Brent Fisse publications

externallink Brent Fisse, Merger Control in Australia: Informal and Formal Review (APEC Workshop on Merger Control Regimes, Port Moresby, 1 March 2018)

externallinkBrent Fisse Merger Control in Australia: ACCC v Metcash - SLC v Legalism (APEC Workshop on Merger Control Regimes, Port Moresby, 2 March 2018)

Brent Fisse, 'The First Cartel Offence Prosecution in Australia: Implications and Non-Implications' (2017) 45(6) ABLR 482

externallinkRob Nicholls and Brent Fisse, 'Concerted Practices and Algorithmic Coordination: Does the Proposed CP Prohibition Compute?' (PPT presentation at LCA Competition and Consumer Law Workshop, Melbourne, 5 August 2017)

externallinkBrent Fisse, 'The Competition and Consumer Act 2010: Cartels, Anticompetitive Agreements and Misuse of Market Power' (UNSW CPD Seminar, Sydney, 28 March 2017)

Brent Fisse, 'The High Court Decision in ACCC v Flight Centre - Crashlandings ahead?' (2017) 45 ABLR 61

Brent Fisse, 'Facilitating practices, vertical restraints and most favoured customers: Australian competition law is ill-equipped to meet the challenge' (2016) 44 Australian Business Law Review 325

externallinkBrent Fisse, 'Facilitating Practices, Vertical Restraints and Most Favoured Customers' (Competition Law Conference, Sydney, 21 May 2016)

externallinkBrent Fisse, 'The Australian Competition Policy Review Final Report 2015: Sirens' Call or Lyre of Orpheus?' (NZ Competition Law & Policy Institute, 26th Annual Workshop, Auckland, 16 Oct 2015)

Brent Fisse, 'Competition, Fairness and the Courts' (2014) 39 Australian Bar Review 101

externallinkBrent Fisse, 'New Zealand Government Proposes new Anti-cartel law with collaborative activity exemption that highlights flaws in Australian joint venture exemptions (e-Concurrences, 11 July 2013)

externallinkBrent Fisse, 'The proposed NZ Anti-Cartel Law: A Key-Point Comparison (June 2013)

externallinkBrent Fisse, 'The Federal Court of Australia issues its first decision on cartel liability under the Competition and Consumer Act 2010: a wake up call to those doing private equity deals (Norcast v Bardken) (e-Competitions, No 51500, March 2013)

externallinkCaron Beaton-Wells, Brent Fisse, 'Australia's Proposed Information Disclosure Legislation: International Worst Practice' (CPA Antitrust Chronical, August 2011(2))

externallinkBrent Fisse and Caron Beaton-Wells, 'The Continual Regulation of Continuous Disclosure: Information Disclosure Under the Competition and Consumer Amendment Bill (No 1)' (2011) 19 Competition and Consumer Law Journal 1-25

Brent Fisse and Caron Beaton-Wells, 'Private disclosures of price-related information to a competitor "in the ordinary course of business": A new slippery dip in the political playground of Australian Competition Law' (2011) 39 Australian Business Law Review 367-379

Working paper: Brent Fisse, 'Private disclosure of price-related information to a competitor "in the ordinary course of business"

B Fisse, 'Misleading, Deceptive and Bankrupt: The Second Reading Speech on the Competition and Consumer Amendment Bill (No 1) 2011' (24 September 2011)

Brent Fisse, 'Private disclosure of price-related information to a competitor "in the ordinary course of business: A new slippery dip in the political playground of Australian competition law (working paper)

Caron Beaton-Wells and Brent Fisse, Australian Cartel Regulation, Cambridge University Press (2011)

B Fisse and C Beaton-Wells, 'The Competition and Consumer Amendment Bill (No. 1) (Exposure Draft): A Problematic Attempt to Prohibit Information Disclosure' (2011) 39(1) Australian Business Law Review

Caron Beaton-Wells and Brent Fisse, 'Broadening the Definition of Collusion: A Call for Caution' (2010) 38 Federal Law Review 71


Submissions to inquiries

externallinkSubmission on proposed model for deferred prosecution agreement scheme (1 May 2017)

externallinkSubmission to Harper Review - Submission on Final Report (with Caron Beaton-Wells)

externallinkSubmission to Harper Review 2014
On issues paper (and with Caron Beaton-Wells) - on draft report (with Caron Beaton-Wells)

externallinkCompetition and Consumer Amendment Bill (No 1) Exposure Draft (with Caron Beaton-Wells)
This draft bill proposed price signalling laws for the banking industry

externallinkDiscussion Paper - Meaning of 'Understanding' in the Trade Practices Act 1974 (2009) (with Caron Beaton-Wells)
This discussion paper was prompted by the construction to the meaning of understanding taken in the petrol cases. No report released.

externallinkInquiry by Senate Economics Committee into the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008
Reported 2009 - Bill passed with minor amendments in 2009.

externallinkExposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008) (with Caron Beaton-Wells)
First draft bill - modified bill passed in 2009 with significant amendments