Adrian Kuti
Clayton Utz
Partner
Sydney
Adrian is an excellent legal adviser, practical and responsive.
– Chambers Asia-Pacific
Overview
Recognised as an "Impressive up-and-comer" by Chambers & Partners, Adrian's expertise spans a range of complex competition, consumer law, franchising, corporate and digital, telco, automotive and other regulatory matters with a focus on regulatory investigations, enforcement actions, and class action representative proceedings. He has extensive experience in commercial, litigious, and regulatory issues in the big tech, automotive, telecommunications, consumer goods and digital technology industries.
Notable Work
- Apple: advising on the misuse of market power and anticompetitive conduct claims brought against Apple by Epic Games in relation to Apple's decision to remove Fortnite from the App Store.
- Jaguar Land Rover Australia: acting in defence of Federal Court class action proceedings relating to alleged issues with the diesel particulate filter (DPF) systems installed in affected vehicles.
- Volkswagen: acting in its successful defence of the Takata airbag class action in the NSW Supreme Court and the unanimous dismissal of the appeal of that decision by the Court of Appeal, arising out of the world's largest automotive recall, affecting an estimated 100 million vehicles globally.
- Apple: acting in the related class action proceeding brought on behalf of App Store consumers and developers by plaintiff firms Maurice Blackburn and Phi Finney McDonald, each being managed with the equivalent cases brought by Epic Games and the class action firms against Google.
- Apple: advising on general corporate advisory, competition, consumer law, product safety and telco and radiocommunications regulatory matters including advising on device supply and telecommunications services arrangements, dealings with the ACCC and other regulators, handling of regulatory investigations and acting for Apple in ACCC enforcement actions and class action claims.
- Volkswagen: acting for in its defence of ACCC and class action proceedings relating to diesel emissions standards compliance and misleading conduct proceedings. Automotive Groups: Advising Volkswagen Group Australia, Jaguar Land Rover Australia, Ferrari Australasia, Porsche Cars Australia, Mercedes-Benz Asia Pacific and other automotive groups on general corporate and strategic advisory, franchising, competition, consumer law, product safety, telco and radiocommunications regulatory matters.
- Hino Motors: providing defense in a class action in relation to alleged misconduct concerning engine certification of certain Hino diesel vehicles.
- NBN Co: acting in relation to competition and consumer law and telco regulatory issues affecting the national broadband network.
- Major banking and insurance sector participants: advising on their advertising and promotion of financial products, and related regulatory investigations in the financial services sector under the Competition and Consumer Act, Corporations Act and ASIC Act.
Insights
Merger control Bill improves some elements of exposure draft, but concerns for business remain
10 Oct 2024 | Article
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Consultation begins on new mandatory ACCC merger notification thresholds
2 Sep 2024 | Article
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Government releases exposure draft legislation on merger reforms, with impact on future acquisition strategy
24 Jul 2024 | Article
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Faster, stronger and simpler? Ambitious changes to Australia's merger control regime announced by Treasury
10 Apr 2024 | Article
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Ruby Princess: High Court confirms the extraterritorial application of the unfair contract terms regime
18 Dec 2023 | Article
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Digital Platform Regulatory Reform – Government flags "in principle" support for ACCC recommendations
8 Dec 2023 | Article
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No room for doubt: Overseas entities now clearly within the grasp of the ACCC's expansive investigative powers
26 May 2023 | Article
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Automotive snapshot: fuel consumption labels, cartels, environmental claims, class actions
27 Apr 2023 | Article
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Merger reform, unfair trading laws, and anticompetitive sustainability initiatives firmly in the ACCC's sights
12 Apr 2023 | Article
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Cost of living, unfair practices and anti-competitive conduct as key ACCC compliance and enforcement priorities for 2023
8 Mar 2023 | Article
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ACCC recommends new measures for digital platforms to address “significant” harms
14 Nov 2022 | Article
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Time to get ready for unfair contract terms changes (and higher penalties too)
31 Oct 2022 | Article
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ACCC flags tougher standards for environmental claims in upcoming greenwashing sweep
21 Sep 2022 | Article
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Beware! Substantially higher penalties for competition and consumer law breaches are on the cards
19 Aug 2022 | Article
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ACCC in high gear on the automotive industry — conduct vis-à-vis independent repairers in focus
28 Apr 2022 | Article
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Automotive snapshot: RVSA transitional period, regulators' priorities, General Safety Provision, automotive class actions
21 Apr 2022 | Article
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Rod Sims' curtain call but the show goes on with announcement of ACCC 2022 enforcement priorities
4 Mar 2022 | Article
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Major headache: Mazda case reinforces consumer guarantee enforcement risks for automotive industry
9 Dec 2021 | Article
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Your chance to have a say on the proposed Franchise Disclosure Register
14 Oct 2021 | Article
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Radical changes proposed to re-engineer Australian merger clearance process
30 Aug 2021 | Article
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Massive penalties, more contracts caught by exposure draft legislation for unfair contract terms reform open for comment
24 Aug 2021 | Article
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Licence to sell or something more? More clarity on "franchise agreement" under the Franchising Code
10 Jun 2021 | Article
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Reforms to the Franchising Code of Conduct unveiled: Here's what you need to know
10 Jun 2021 | Article
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Australian cartel immunity applicants ordered to disclose privileged internal investigation materials to defendants
24 May 2021 | Article
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Small business to benefit from expanded protections under the Australian Consumer Law
13 May 2021 | Article
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Minor headaches now add up to major failures under the Australian Consumer Law
10 May 2021 | Article
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Automotive snapshot: ACCC priorities, Dealer agreements, lemon laws and the right to repair, Road Vehicle Standards Act
6 May 2021 | Article
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Regulating the post-pandemic economy: the ACCC announces its 2021 enforcement priorities
4 Mar 2021 | Article
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ACCC considers extended warranty periods tied to vehicle servicing exclusively within OEMs' authorised dealer network
18 Dec 2020 | Article
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Regulation of in-service safety for automated vehicles: due diligence obligations for Australian ADSE executive officers
17 Dec 2020 | Article
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Media Release: Clayton Utz announces 1 January 2021 partner appointments
11 Dec 2020 | Media Release
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Automotive snapshot: extended warranty periods, automated vehicles
1 Dec 2020 | Article
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Exposure Draft released for changes to the Franchising Code of Conduct
26 Nov 2020 | Article
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ACCC ramps up Franchising Code enforcement actions in line with its 2020 Compliance and Enforcement Priorities
9 Jul 2020 | Article
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Automotive snapshot: ACCC priorities, contactless car sales, Franchising Code, consumer data rights
1 Jul 2020 | Article
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Amendments to Franchising Code of Conduct affecting automotive sector
5 Mar 2020 | Article
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Ultra Tune: Full Federal Court confirms need for franchisors to fine-tune compliance with disclosure obligations
3 Oct 2019 | Article
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Enforcement guaranteed: ACCC continues to regulate alleged misleading consumer guarantee representations
11 Jul 2019 | Article
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The ACCC and ASIC get new powers to investigate "unfair contract terms"
22 Nov 2018 | Article
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Harper reforms to Australian competition law in effect from today
6 Nov 2017 | Article
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Taking out the trash: ACCC brings first unfair contract terms case
14 Sep 2017 | Article
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