Simon Ellis
Clayton Utz
Special Counsel
Brisbane
Overview
Simon has extensive experience in advising clients on competition matters in various settings and industries including mergers and acquisitions, contentious matters (for example in class action and cartel proceedings) as well as general consumer, corporate advisory matters and regulatory compliance strategies.
He is well regarded by his clients for his practical and commercial approach that enables clients to understand and manage their competition, consumer and regulatory obligations and navigate their regulatory interactions (such as the ACCC and ACMA) and investigations to achieve an optimal outcome.
Notable Work
- Commonwealth Bank of Australia: assisted CBA in response to the ACCC’s inquiry into Retail Deposit Products.
- MSD: advised MSD on the competition law aspects of introducing and listing of a novel combination therapy on the PBS.
- Volkswagen: acted on behalf of Volkswagen to successfully defend the Takata airbag class action proceedings.
- Diesel Emissions litigation: acted for Volkswagen in defence of proceedings commenced by the ACCC and class action litigants.
- Queensland Sugar Infrastructure Owner: Advised the owner and operator of certain Queensland sugar terminals on collective negotiations with terminal users and resolution of disputes.
- Queensland Councils: advised various Queensland councils on their competition and competitive neutrality obligations.
- Yum! Group: advised Yum! Group in relation to the franchising obligations in its acquisition of Pizza Hut in Australia.
- Hino Motors: acting for Hino in its defence in a class action in relation to alleged misconduct concerning engine certification of certain Hino diesel vehicles and regulatory issues.
- Automotive Suppliers: advised various automotive suppliers in relation to regulatory obligations concerning connected vehicles.
- Mining Equipment and Services Supplier: acted in proceedings commenced by the ACCC against a Queensland and Western Australian based supplier of mining equipment and services for alleged attempted cartel conduct.
- Queensland Coal Mining transaction: advising seller of coal mine regarding disclosure of commercial and competitively sensitive information to mitigate potential risks under the Competition and Consumer Act.
- Nexans: Acted on behalf of French-based company, Nexans in proceedings alleging cartel conduct in relation to the supply of large scale high-voltage cables used in various major projects in Australia.
- Alinta Energy and Momentum Energy: Advised on risks under Australian Consumer Law with respect to supply agreements.
- ARTC: advised ARTC on competition risks relating to arrangements with contractors.
- Victorian Government: advised the Victoria Government on renewed tender arrangements for major projects in Victoria.
Insights
The debate over unfair trading practices rolls on: where specifically is it headed?
11 Dec 2024 | Article
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Reforms to the Food & Grocery Code may aim to reduce cost of living: call for submissions
16 Feb 2024 | Article
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Petstock investigation: a warning of risks of not seeking ACCC merger clearance
25 Oct 2023 | Article
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ACCC pivots to enforcement after grace period for the Horticulture Code
24 Jul 2023 | Article
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Celgene ACCC authorisation withdrawal provides no vote of confidence for future pharmaceutical patent settlements
4 Aug 2022 | Article
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ACCC Enforcement Update 2022/2023 – exclusive dealing a priority
31 Mar 2022 | Article
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Peters Ice Cream pays a $12 million penalty for exclusive dealing
31 Mar 2022 | Article
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ACCC to address power imbalances in Australia's agriculture supply chains
15 Jun 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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The Telecommunications Reform Package and the Regional Broadband Scheme: what it could mean for you
18 Feb 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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Ultra Tune: Full Federal Court confirms need for franchisors to fine-tune compliance with disclosure obligations
3 Oct 2019 | Article
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IP licence restrictions losing their safe harbour from competition laws – so review them now
22 Feb 2019 | Article
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IP exemption from competition laws about to go, so review your licensing arrangements now
27 Sep 2018 | Article
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What's the big deal? Media mergers and the ACCC's new role in merger authorisations
1 Feb 2018 | Article
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