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Australian Competition Law: Expert Profiles

Dr R Ian McEwin FAICD

Managing Partner, Competition Consulting Asia LLP
Khazanah Nasional Chair of the University of Malaya Malaysian Centre of Regulatory Studies (UMCoRS)
Visiting Professor of Law, Chulalongkorn University, Bangkok

 

Relevant qualifications and honours

  • LLB (1st Class Honours), Australian National University
  • Master of Commerce, Newcastle, N.S.W
  • PhD in Economics, Research School of Social Sciences, Australian National University
  • Legal Practitioner, Australian Capital Territory, Australia
  • Alumni, Twenty-Second Law Institute for Economics Professors conducted by the Law of Economics Centre of George Mason University School of Law, Dartmouth College, U.S.A., July 1991.

 

Relevant work history and Committee involvement

  • June 2008 to June 2012
    Visiting Professor of Law, National University of Singapore, (teaching Competition Law and Economics, Asian Competition Law and ASEAN Competition Law)
  • 2006 - May 2008
    Chief Economist, Competition Commission of Singapore

  • 2004 - 2006
    Visiting Professor of Law, National University of Singapore (half-time) (teaching Comparative Competition Law and Law and Economics)
  • 2004 – 2006
    Senior Advisor, Competition Commission of Singapore (half-time)

  • 2002 - 2004
    Principal Economist, Economics Division, Ministry of Trade and Industry, Singapore. (Advising on the policy, design, drafting and implementation of competition law in Singapore)

  • 2001 - 2002
    Director, Law and Economics Consulting Group (LECG) Australia

  • 1997 - 2002
    Part-time lecturer at Law Faculty, University of New South Wales: LLB course ‘Trade Practices’ (with Ray Steinwall) and LLM course ‘Telecommunications Competition Law’

  • 1998 - 2001
    Partner, Case Associates, London (competition law and economics consulting firm specialising in telecommunications and media)

  • 1995 - 1998
    Reader in Law and Foundation Director of the Centre for Law and Economics, Faculty of Law, Australian National University

  • 1991 - 1994
    Part-time Consultant/Lawyer with Sly and Weigall (now Deacons) in Canberra on competition law and anti- dumping matters

  • 1993 - 1997
    Lecturer in Executive MBA program of the Australian Graduate School of Management, University of NSW

  • 1988 – 1994
    Senior Lecturer, Department of Economics and Management, ADFA, University of New South Wales, Canberra,

  • 1988 - 1994
    Member of Management Investment Committee, Swiss Reinsurance (Australia) Ltd in Melbourne

  • 1992
    Visiting Fellow, Law School and Economics Department, Research School of Social Sciences, Australian National University

  • 1990
    Visiting Professor, Law School, George Mason University, Washington, D.C

  • 1986-1988
    Senior Research Fellow, Centre of Policy Studies, Monash University (co-taught a third year course called ‘Competition and Regulation’ with Prof. M. Brunt)

  • 1985 - 1986
    Visiting Scholar, Centre for the Study of the Economy and the State (Director: Nobel Laureate George Stigler), Graduate School of Business, University of Chicago)

  • August / September 1985
    Visitor, Centre for Socio-Legal Studies, Wolfson College, Oxford University

  • 1982 - 1986
    Lecturer in Economics, University of NSW

  • 1979 - 1981
    Economist, Commercial Banking Company of Sydney

 

Editorial positions

  • Member of Editorial Board for Australian Business Law Review
  • Member of Editorial Board for Compliance Insider Springer Media, Hong Kong
  • Co-Editor, Competition Policy International
  • Co-Editor, Global Policy International, Boston.
  • Member of Editorial Board for Asia Pacific Law and Economics Review

 

Relevant memberships

  • Member, Board of Advisors for the the Global Antitrust Institute, George Mason University School of Law, Law & Economics Center
  • Member, Copyright Tribunal, Singapore (2009 to 2012)
  • Member of the Mont Pelerin Society Senior Fellow, Tim Fischer Centre for Global Trade and Finance, Bond University, Gold Coast, Queensland, Australia.
  • Member, American Bar Association International Antitrust Committee.
  • Member, International Antitrust and Foreign Competition Law Committee, American Bar Association, since 1999.
  • Member, Trade Practices Committee, Business Law Section of the Law Council of Australia, 1998 - 2002.
  • Member, Law Committee, Australian Institute of Company Directors, 1996 - 2002.
  • Member, Advisory Group, Australian Law Reform Commission’s Reference on the Adversarial System
  • Foundation Chairman, Canberra Regional Committee, Business Law Section of Law Council of Australia.

 

Relevant recognition

  • One of the 100 Leading Lawyers in 2011 in the Asia Pacific, Lawyer Monthly Magazine (UK)
  • Leading Competition Economist, Global Competition Review 2011.
  • The International Who's Who of Competition Lawyers & Economists 2011
  • Former President, Australian Law and Economics Association.
  • Member, International Bar Association’s Special Committee on China’s Competition Law.

 

Relevant publications

Relevant monographs

  • Competition Law in Southeast Asia, Cambridge University Press (forthcoming 2012).
  • Getting the Balance Right: Intellectual Property, Competition Law and Economics in Asia (Editor) Hart Publishing, Oxford (2011).
  • ASEAN Competition Law (General Editor with Kala Anandarajah) LexisNexis 2011 (updated quarterly)
  • Competition Law in Singapore - Principles, Practice and Procedure (with Kala Anandarajah and Nicholas Chan) (2007) LexisNexis, Singapore.

Relevant chapters in books

  • 'Competition and Intellectual Property Laws in the ASEAN 'Single Market'' (with Ashish Lall) in Asian Development Bank and Institute of Southeast Asian Studies book Impediments to ASEAN Regional Integration (forthcoming 2012)
  • 'The Political Economy of Competition Law in Thailand' with Sakda Thanitcul (forthcoming in Mark Williams (ed) The Political Economy of Competition Law in Asia Edward Elgar 2012).
  • 'Thailand: Medicines, Competition Law and Compulsory Licensing' (with Sakda Thanitcul) in McEwin (ed) Getting the Balance Right: Intellectual Property, Competition Law and Economics in Asia (Editor) Hart Publishing, Oxford (2011)
  • 'Competition Law in Singapore' in Trustbusters David S. Evans and Frederic Jenny (eds), Competition Policy International (2009), pp 345-357.
  • 'Competition Policy in Singapore and its Implications' in The Tenth Singapore Economic Roundtable (ed) Manu Baskaran. Lee Kuan Yew School of Public Policy, Institute of Policy Studies and Straits Times Press (2008) pp 48-53 and 65-71.
  • 'The New Singapore Competition Act' (with Minn Naing Oo) Singapore Academy of Law Conference: Developments in Singapore Between 2001 and 2005, Singapore Academy of Law, (2006) General Editor Professor Teo Keang Sood.

Relevant refereed articles

  • 'China – The Baidu Decision', Competition Policy International Journal (November 2010), 222-233.
  • 'Competition Law in a Small Open Economy – A Critique of the Dawson Committee Report', 9(1) University of New South Wales Law Journal Forum (2003) pp 14-20.
  • 'Vertical Restraints in the Australian Trade Practices Act’, (9) Review of Industrial Organisation (October 1994), pp 627-647. [subsequently reprinted in a book]
  • 'Third-Line Forcing in Australia', Australian Business Law Review (1994), pp 114-137.
  • 'Legal Versus Economic Perceptions of Real Property Rights', Australian Economic Review (1993), pp 35-40.
  • 'The Overlap Between Sections 46 and 47 in the Trade Practices Act', 2(2) Australian Journal of Corporation Law (1992), pp 214-224.
  • 'Australia's Continuous Disclosure Regime: Some Comments', 2(1) Australian Journal of Corporation Law (1992), pp 77-81.
  • 'Public Versus Shareholder Control of Company Directors’, Companies and Securities Law Journal (1992), 182-204.
  • 'Federal Versus State Incorporation: Why the High Court Got it Right', Policy (June 1990) pp 50-52.

Other articles

  • H. Stephen Harris, Jr. & R. Ian McEwin, 'Is East Asian Antitrust Different?' (International Antitrust Bulletin, December 2012, Volume 4) 18

Speeches and papers

  • Co-Chairman (with Susan Ning) Global Competition Review 'Law Leaders Asia Pacific 2012' Singapore, 2-3 March 2012.
  • Invited Speaker LegalNet Asia Conference: Towards Compliance with the Competition Act (CA) 2010 Reviewing Legal Implications and Enforcement Issues Thursday (16 February 2012, Concorde Hotel, Kuala Lumpur)
  • Invited Speaker, Competition Enforcement Challenges & Consumer Welfare in Developing Countries (1-2 December 2011 Islamabad Pakistan)
  • Invited Speaker to Official ASEAN Competition Law Conference 'Fostering the Promotion of Competition Policy for Regional Development' (15-16 November 2011, Bali, Indonesia)
  • Invited Speaker in Seminar on Competition Law and Consumer Welfare organised by the Malaysian Ministry of Domestic Trade, Co-operatives and Consumerism and Malaysian Competition Commission November 2011
  • Invited Speaker to Institute of Quantitative and Technical Economics, Chinese Academy of Social Sciences, Beijing, November, 2011.
  • Invited Speaker The 6th East Asia Conference on Competition Policy and Law (Singapore 16th September 2011)
  • Invited Speaker 'Building Respect For IP In ASEAN Countries' at the Regional Conference on Intellectual Property and Economic Development: Challenges and Opportunities, organized by the World Intellectual Property Organisation (WIPO) and the ASEAN Studies Centre, Institute of Southeast Asian Studies (ISEAS), 16-17 February 2011.
  • Invited Speaker on ‘The Use Of The Patent System In Innovation And Technology Transfer’ at the Singapore-WTO Third Country Training Programme: Promoting Green Innovation – The Role Of Intellectual Property Rights In Technology Diffusion And Trade, 9-11 February 2011
  • Invited Speaker 'The Interface Between Competition Policy and Industrial Policy', ASEAN Experts Group on Competition (AEGC) 2ns High Level Policy Dialogue, 24-25 February, 2010, Kuala Lumpur, Malaysia.
  • Three invited presentations at the Asia-Pacific Regional Seminar on Intellectual Property Rights and Competition Policy organized by the World Intellectual Property Organisation (WIPO), the International Intellectual Property Training Institute (IIPTI) and the Korean Intellectual Property Office (KIPO) in Daejeon City, Republic of Korea, October 7-9, 2008.
  • Invited Speaker 'Competition Policy in Singapore and its Implications', Tenth Singapore Economic Roundtable’ 9 December 2008, Institute of Policy Studies, Lew Kuan Yew School of Public Policy.
  • Invited Speaker 'Intellectual Property and Public Health: Overlaps and Boundaries' World Trade Organisation (WTO) and Ministry of Foreign Affairs, Singapore Workshop on the TRIPS Agreement and Public Health for Asia Pacific, 2-6 February, 2009.
  • Invited Speaker 'Competition Law in Singapore' at Workshop on Asian Competition Policy May 31, 2008, Shanghai University of Finance and Economics (SHUFE)
  • Invited Commentator on a speech by Prof Allan Fels, former Chairman of the Australian Competition and Consumer Commission at the 13th Commonwealth Law Conference, Melbourne, April, 2003.
  • Moderator First ASEAN Conference on Competition Law and Policy in the ASEAN Free Trade Area, Bali, March 5-7, 2003.
  • Invited Speaker to a number of Australian Law Council Competition Law Workshops including:
    • 1999 Law Council of Australia, Trade Practices Workshop ('S 46 Revisited')
    • 1999 Law Council of Australia, Corporations Law Workshop ('Have The New Fundraising Provisions Gone Far Enough?')
    • 2000 - 'New Stars' Workshop (Commentator on paper on S 46 of Trade Practices Act) - 2000
  • Invited Speaker ‘Defining A Media Market’ at Conference on Media and Broadcasting Regime 21-22 May 1997 Wentworth Hotel, Sydney (AIC Conferences).
  • Invited Discussant on paper on Thai competition law in session on New Initiatives in Competition Law at 23rd PAFTAD (Pacific Trade and Development) Conference held in Taipei in December 1996.
  • Contributed to meetings in 1996 organised by the ANU Business School - A South African Parliamentary Delegation on Energy - A group of Vietnamese economists re-writing corporations law. Commentator on paper on paper given at seminar organised by the Centre for Aboriginal Economic Policy, June, 1995. Invited opening Keynote Speech ‘Economists and Lawyers: Are They Irreconcilably Different?,

 

Other

CPI, 'Interview with R Ian McEwin, 28 January 2014
Discussion about ASEAN competition policy