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Australian Competition Law: Expert Profiles

Ian WylieIan S Wylie

Practitioner

Qualifications

  • Bachelor of Arts (University of Sydney)
  • Bachelor of Laws (University of Sydney)
  • Bachelor of Applied Science with Distinction (Charles Sturt University)

 

Relevant work history

  • 2005 - Admitted to the Bar (areas of practice include Trade Practices and Competition)
  • Prior to being Called to the Bar, practised for 23 years as a solicitor and partner in top tier
    law firms specialising in trade practices, intellectual property and commercial litigation.

 

Competition law publications (including lectures, conference papers etc)

  • Ian Wylie, 'Cartel conduct or permissible joint venture' (2019) 47 ABLR 7
  • 'Roots, branches and other objects - one step beyond the Harper Review?' (2014) 42(6) Australian Business Law Review 436
  • New Judgments on Misleading and Unconscionable Conduct, Misuse of Market Power and Cartels, (22 March 2014, Legalwise Conference presentation and published paper)
  • Civil Consequences and Remedies for Anticompetitive Conduct (25 October 2012, Thompson Reuters Competition Law Masterclass presentation and published paper)
  • Ian Wylie, 'What is ‘likely’ in the Competition and Consumer Act 2010?' (2012) 20 Competition and Consumer Law Journal 28
  • 'Cartel compensation - a consumer perspective' (2011) 39 ABLR 177
  • 'Not that old chestnut gain – third line forcing under the Competition and Consumer Act 2010' (2011) 18 Competition and Consumer Law Journal 1 (forthcoming March 2011)
  • 'Illegal Output Restrictions under the Trade Practices Act 1974' (2010) 39(1) American Bar Association Cartel and Criminal Practice Committee Bulletin
  • Legalwise Seminar Cartel Conduct – Managing the Risks paper and presentation 16 September 2010
  • Trade Practices Committee of the Law Council of Australia Annual Workshop paper and presentation on the scope of understandings/collusion under the Trade Practices Act 1974, 21 August 2010
  • 'Cartel output restrictions – construction and common sense collide and particularity problems with ‘persons’ under the Trade Practices Act 1974' (2010) 38 Australian Business Law Review 23
  • 'Expanded Investigatory Power Down Under: s 155 of the Trade Practices Act 1974' (2009) 2 American Bar Association International Antitrust Bulletin
  • 'When too much power is barely enough - section 155 of the Trade Practices Act 1974 and noblesse oblige' (2009) 16 Competition andConsumer Law Journal 314
  • 'Proving Collusion from Parallel Conduct' (Summer 2008) American Bar Association International Antitrust Bulletin
  • College of Law Conference presentation and published paper, 'Cartels: proving collusion and proposed criminalisation' (July 2008)
  • College of Law Conference presentation, 'Misuse of Market Power' (March 2008)
  • 'Understanding understandings under the Trade Practices Act 1974: an Enforcement Abyss?' (2008) 16 Trade Practices Law Journal 1
  • 'What is an Exclusionary Provision in Australia' (Spring 2007) American Bar Association International Antitrust Bulletin
  • College of Law Conference presentation and published paper, Trade Practices Issues for Property and Commercial Lawyers (June 2007)
  • 'What IS an Exclusionary Arrangement; Newspapers, Rugby League, Liquor and Beyond?' (2007) 35 Australian Business Law Review 33.
  • Legalwise Trade Practices Conference presentation and paper, 'Developments in Misuse of Market Power, Exclusive Dealing and Crown Immunity' (November 2006)
  • Law & Finance Trade Practices Law Conference presentation and publication, 'Cartel Conduct and ACCC Immunity' (February 2006)
  • Carter Roth Competition Law Conference presentation and publication, 'ACCC Investigations and Enforcement' (October 2005)
  • Law Council of Australia Trade Practices Committee Workshop presentation and paper, 'Bundling and the Baxter Healthcare Decision' (August 2005).
  • 'When is Bundling Illegal under s 46 or s 47 of the Trade Practices Act' (2005) 33 Australian Business Law Review 190.
  • Legalwise Conference presentation and paper, 'Trade Practices Issues in Franchises' (June 2005)
  • Law & Finance Conference presentation and paper, 'Dealing Effectively with ACCC Investigations' (April 2005)
  • NSW State Legal Conference presentation and paper, 'Recent Developments in Trade Practices Regulation and Enforcement' (March 2005)

 

Relevant practice at the bar

  • Appearing for applicants in Federal Court cartel damages class action against Visy and Amcor and intervening in successful Full Federal Court
    appeal in related proceedings since April 2006.
  • Appearing for applicants in cartel damages class action against Bayer and others since August 2007 in Federal Court and successful appeal to
    Full Federal Court.
  • Appearing for Prysmian Cavi in ACCC Federal Court civil penal prosecution for alleged cartel conduct since April 2010.
  • Appearing for examinees on various confidential ACCC s 155 examinations.
  • Advising in relation to competition aspects of public and private mergers and acquisitions and ACCC clearance of them.
  • Appeared for CIT Group in ACCC Federal Court civil penal prosecution for alleged third line forcing from October 2008 to December 2010
    obtaining summary dismissal of claim against CIT and successfully resisting leave to appeal applications.
  • Appeared for Cabcharge on ACCC investigation and civil penal prosecution of it for alleged misuse of market power and exclusive
    dealing/exclusionary conduct from 2007 to successful resolution in September 2010.
  • Defended Baxter Healthcare in misuse of market power and exclusive dealing proceeding brought by ACCC (and advising Baxter on various
    trade practices/commercial issues) 2001 to 2010, successful at trial and on Full Federal Court appeal in November 2005, appeared on High Court
    appeal in May 2007, before Full Federal Court in August 2008 and High Court in February 2009, and before primary judge 2009- September 2010.
  • Appeared for respondent in ACCC Federal Court civil penal prosecution of Patrick and P&O for alleged price fixing and market sharing from
    August 2007 to successful resolution with dismissal of claim against him in July 2009.

 

Recent judgment citations

  • Cabcharge Australia Ltd v ACCC [2010] FCA 1261
    • Cabcharge Australia Ltd v ACCC [2010] FCAFC 111
    • ACCC v Cabcharge Australia Ltd (No 2) [2010] FCA 837
    • ACCC v Cabcharge Australia Ltd [2010] FCA 731
  • Wright Rubber Products Pty Ltd v Bayer AG (No 2) [2010] FCAFC 107
    • Wright Rubber Products Pty Ltd v Bayer AG [2010] FCAFC 85
    • Wright Rubber Products Pty Ltd v Bayer AG (No 2) [2009] FCA 1317
    • Wright Rubber Products Pty Ltd v Bayer AG & Ors (2009) FCA 1317
    • Wright Rubber Products Pty Ltd v Bayer AG [2008] FCA 1510
  • ACCC v Baxter Healthcare Pty Ltd [2010] FCA 929
    • ACCC v Baxter Healthcare Pty Ltd & Ors (2008) 170 FCR 16.
  • ACCC v Link Solutions Pty Ltd (No 2) [2010] FCA 919
  • Auskay International Manufacturing & Trade Pty Ltd v Qantas Airways Limited & Ors (No 6) [2009] FCA 1465.
  • Unilever Australia Pty Ltd v Goodman Fielder Consumer Foods Pty Ltd [2009] FCA 1305.
  • ACCC v Cadbury Schweppes Pty Ltd (2009) 174 FCR 547
  • ACCC v PRK Corporation Ltd & Ors (2008) ATPR 42-226
  • Jarra Creek Central Packing Shed Pty Ltd v Amcor Limited [2008] FCA 554
    • Jarra Creek Central Packing Shed Pty Ltd v Amcor Limited [2008] FCA 391
  • ACCC v Baxter Healthcare Pty Ltd (2007) 232 CLR 1.
    • ACCC v Baxter Healthcare Pty Ltd (2006) 153 FCR 574
    • ACCC v Baxter Healthcare Pty Ltd [2005] FCA 1109
    • ACCC v Baxter Healthcare Pty Ltd [2005] FCA 860