Newcrest Mining & Harmony Gold
Advising Newcrest Mining (one of the world’s largest gold miners) and Harmony Gold (South Africa's third-largest gold producer) on the development of the Wafi-Golpu Project, a proposed world class underground copper/gold mine. This is a project of national significance, employing the block cave mining technique, which has not previously been used in Papua New Guinea.
Kina Securities
Advising ASX/POMSoX-listed Kina Securities Limited in the acquisition of ANZ’s retail and commercial / SME banking business in Papua New Guinea. This was one of the largest M&A transactions in PNG in the last 12 months and is a transformative transaction for Kina, acquiring services approximately 85,000 retail and 6,000 Commercial and SME customers.
Paradise Company
Acted for Paradise Company Limited in the acquisition of Laga Industries Limited, a manufacturer of some of Papua New Guinea’s most popular snacks, ice cream, beverages and cooking oil. Paradise, which is majority-owned by Nambawan Super, one of the largest superannuation funds in Papua New Guinea, acquired Laga Industries from Steamships Trading Company Limited after a competitive bidding process.
Staples Inc
Acting on the ACCC clearance of Staples Inc.’s US$6.3 billion global acquisition of Office Depot, Inc (trading in Australia as OfficeMax). Involved a detailed five-month review in which the ACCC defined a market in which the merged firm’s market share exceeded 80%. Unconditional, phase one clearance for this highly contentious transaction was obtained. The transaction did not proceed after Staples failed in a bid to overturn an adverse US Federal Trade Commission decision.
SABMiller plc
Acting in respect of the ACCC clearance of the proposed US$104 billion acquisition of SABMiller plc by Anheuser-Busch InBev SA/NV – at the time, the third largest takeover in history. ACCC clearance was successfully obtained.
Wesfarmers
Acting for Wesfarmers in relation to the competition law issues arising from the proposed divestment of its K-Mart Tyre and Auto business.
Aurizon
Advising on and drafting access undertakings for approval by the Queensland Competition Authority in relation to declared below rail services in the central Queensland coal region, including drafting of submissions in response to the QCA. Also advised on application of existing access undertaking and on terms of agreements for the provision of access to below rail services.
BP
Representing BP on the defence of an ACCC prosecution of five petrol retailers and a data intermediary in relation to the alleged anticompetitive effects of an industry price information exchange scheme. This litigation, which was the culmination of a three-year investigation, was an important test case regarding the application of Australian competition laws to price information sharing arrangements. The matter was settled without admissions or penalty shortly before trial.
Air New Zealand
Acted on the defence of proceedings brought by the ACCC in the Federal Court of Australia alleging collusive behaviour in the fixing of surcharges and fees on the carriage of air cargo into Australia.
Vodafone
Advised on all aspects of its engagement with the Australian Competition and Consumer Commission on its re-declaration and access determination processes in relation to domestic transmission capacity and mobile terminating access.
QLD Rail
Advising on and drafting access undertakings for approval by the Queensland Competition Authority in relation to declared below rail services for which Queensland Rail is the Rail Infrastructure Manager, including drafting of submissions in response to the QCA. Also advising on application of and obligations under Queensland Rail’s existing approved access undertaking, and on the extent and nature of the Queensland Competition Authority’s rights and obligations under the QCA Act.
Essential Services Commission
Advised on implementation of economic regulation associated with the privatisation of the Port of Melbourne.
nbn co
Advised on facilities access issues, compliance with its standard access obligations (including non-discrimination) and aspects of its special access undertaking and standard form of access agreement.
Vicinity
Advised on the acquisition of a 50% interest in QVB, Strand Arcade and The Galleries Victoria and sale of 50% interest in Chatswood Chase. This was one of Australia’s largest direct real estate transaction.