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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)

 

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