Consulting

LONG-TERM ASSOCIATIONS 

• Charles River Associates, Senior Consultant (August 2002 – August 2005; May 2022 -)

• Brattle Group (January 2015 - April 2022)

• CoRE Research (June, 2001 - September, 2014)

• Australian Competition and Consumer Commission (October, 1999 – June 2000; March 2006 – December 2007)

• The Economist Advocate (February, 1999 – June 2002)

• London Economics, Australia (February 1997 - May, 1999)

LITIGATION AND WITNESS STATEMENT PREPARATION 

• Expert witness on behalf of the US Department of Justice assessing a merger between Adobe and Figma (2023)

• Expert witness on behalf of Xiaomi in a number of standard essential patent licensing cases in Europe (2023-24)

• Expert witness on behalf of a class in an action against Meta regarding anti-competitive practices in the online social advertising market (2023 -)

• Expert witness on behalf of Xiaomi in a case against Philips on standard essential patent licensing (2021-2022)

• Expert witness on behalf of AT&T assessing the value of cryptocurrency holdings (2019 - 2021)

• Expert witness on behalf of ComicMix in a case against Dr Seuss to assess market harm in a fair use copyright claim (2019)

• Expert witness on behalf of a class in an action against General Motors for product liability damages (2018 - 2021)

• Expert witness in an arbitration with an assessment of the amount of volume a single trader can supply and not disrupt a cryptocurrency market (2018)

• Expert witness on behalf of the National Music Publishers Association at the US Copyright Review Board in a matter against Spotify, Apple, Google, Amazon and others (2017)

• Expert witness on copyright dispute for arbitration with respect to software and apps provided to telecommunications companies (2013-14).

• Expert witness in class action against Whirlpool Ltd in Ohio on damages associated with damaged front-loading washing machines (2013 - 2014).

• Chief economic expert witness to the Federal Trade Commission on its antitrust claim – exclusionary conduct and abuse of market power – against Intel (2009-2010).

• Expert witness advice to Fortescue Metals Group in the Mt Newman declaration decision against BHP-Billiton, Australian Competition Tribunal (June 2007 – December 2009).

• Expert Witness Affidavit and Deposition on behalf of Third Wave Ltd in antitrust litigation in the HPV testing market against Digene Ltd in the US Federal Court, Wisconsin (August 2007 – January 2008).

• Expert witness advice to the WA Potato Marketing Corporation in a constitutional dispute (July 2007 – January 2008)

• Expert witness advice to the ACCC on an Australian Copyright Tribunal dispute involving Fitness Australia and PCMA (May 2007 – April 2009)

• Expert witness statement construction on behalf of Foodstuffs NZ in Court proceedings with the NZCC on a potential acquisition of The Warehouse (August, 2007 – July 2008)

• Expert Witness Testimony on behalf of Victorian Chicken Meat Processors on the collective boycott authorisation for chicken growers at the Australian Competition Tribunal (July 2005 – November 2005).

• Expert Witness Testimony on behalf of ARA on hazardous waste trade in the Administrative Appeals Tribunal (December 2002 – February 2003).

• Expert testimony for TXU in appeal at the Victorian Supreme Court over the ORG’s electricity pricing determination (March, 2001).

• Expert witness at Appeal Tribunal for United Energy appealing the Office of the Regulator General’s Determination on prices for electricity distribution in Victoria (October, 2000)

• Expert witness at the Administrative Appeals Tribunal for the Australian Communications Authority on dispute with Cable and Wireless Optus over local number portability requirements (August, 1999)

• Advice to ACCC on trade practices matter against Safeway (July, 1998 – August,, 1999)

• Advice to ACCC on predatory pricing case against Boral (April, 1998 – February, 2000)

• Assistance to Professor Philip Williams in preparation of expert witness statement for Australian

• Competition Tribunal consideration of the authorisation of the Australian Performing Rights Association (January - August, 1998)

• Report on damages calculation for misleading information case in the building industry (August, 1997)

• Report on the economic theory of damages for price fixing violations (March, 1997)

• Submission of competitive implications of Pay TV mergers in New Zealand (Nov 1996) 

PROJECTS BY INDUSTRY 

ELECTRICITY 

• Evaluation of a methodology for assessing market power in wholesale electricity markets in New Zealand for the Commerce Commission (June 2008).

• Economic advice to the ACCC on the proposed AGL-TRU Energy electricity asset swap in South Australian (March, 2007)

• Economic advice to the ACCC on the partial acquisition of Loy Yang Power by AGL (November – December 2003).

• Expert testimony for TXU in appeal at the Victorian Supreme Court over the ORG’s electricity pricing determination (March, 2001).

• Report critiquing the form of regulation of Victorian electricity distribution, on behalf of United Energy (September - October, 2000).

• Participation in a training program for Macquarie Generation (December, 1999)

• Economic analysis of electricity generating asset in preparation for a bid (March, 1999)

• Analysis of a contract for sale of electricity to a smelter project (February, 1999)

• Report on NEMMCO pricing principles for the National Retailers Association (September, 1998)

• Analysis of gaming the National Electricity Market Rules (February, 1998)

• Analysis of proposal for allocation of power purchasing agreements in Queensland (December, 1997)

• Analysis of vesting contract arrangements for the Queensland Electricity Reform Unit (December, 1997)

• Analysis of proposals for electricity transmission pricing in Queensland (September, 1997)

• Report on options for electricity industry reform in Western Australia (September, 1997)

• The role of greenhouse gas regulation on electricity pool behaviour (July, 1997)

• Advisor to Queensland Electricity Reform Unit: review of generator market strategies in the NEM and the implications of contracts (May 1997 - November, 1999).

• Bid for Loy Yang: report on the implications of market power for asset values (October-February 1997);

• ETSA Generation: report on the regulation of market power (August, 1996);

• NSW Electricity: report to ACCC on potential for anti-competitive behaviour (March - April, 1996)

GAS 

• Analysis of a proposed AGL-Alinta arrangement on behalf of the ACCC (May, 2006).

• Submission on behalf of Envestra to the Queensland Competition Authority regarding its determination on regulated prices for Queensland's gas distribution network (March - April, 2001).

• Analysis of the competitive implications of a gas contract for electricity generation (March, 1998).

• Advice on the use of electricity prices in gas supply contracts to generators (May, 1997).

• Evaluation of R.J. Rudden report on AGL’s cross subsidies (April, 1997)

• Gas transmission pricing: reviewed IPART gas transmission submission on behalf of BHP (October 1996-April 1997);

• Gas market: report on the market power implications of the proposed Victorian gas market and examined alternative market arrangements (January-March 1997);

• ETSA Gas: reports on appropriate pricing of gas in electricity use (April, 1996);

TELECOMMUNICATIONS

• Economic advice to the ACCC of mobile termination pricing (September 2007)

• Economic advice to the NZCC on imputation tests in telecommunications (April 2007)

• Economic advice to the ACCC on the copper tails pricing by the G9 (August, 2007)

• Economic advice to the ACCC on Telstra’s ULLS undertakings (May – August 2006)

• Economic advice to the NZCC on a 0867 dispute with Telecom NZ (2006).

• Submission to the ACCC on behalf of AAPT in relation to the report by Professor Hausman on mobile termination (April 2005).

• Submission to the ACCC on behalf of Hutchison Telecommunications in respect of its mobile services review (July 2003).

• Submissions to the ACCC on behalf of AAPT in respect of Telstra’s proposed PSTN undertakings (June 2003).

• Advice to Hutchison telecommunications on bundling in Pay TV markets (June 2002)

• Advice and analysis to AAPT with regard to its interconnection pricing dispute with Telstra at the Australian Competition Tribunal (April, 2001 – May, 2002).

• Report submitted as part of SingTel submission to the ACCC evaluating the competitive implications of Vodafone’s undertakings with respect to its proposed bid for C&W Optus (February, 2001).

• Research report for ACCC on Mobile termination of fixed line calls (December, 1999)

• Research report for ACCC on PSTN termination by non-dominant networks (December, 1999)

• Expert witness for the Australian Communications Authority/ACCC in a matter against Cable and Wireless Optus at the Administrative Appeals Tribunal on local number portability (August, 1999)

• Advice to ACCC on commercial churn matter against Telstra (March, 1999 – January, 2000)

• Analysis of criteria for declaration of intercity transmission lines in telecommunications (ACCC); (March, 1998)

• Report on contracting arrangements in telecommunications (October, 1997)

• Report on local number portability and technology adoption for Telstra (November, 1996)

BANKING AND FINANCIAL SERVICES 

• Economic advice to Suncorp on proposed acquisition of Promina (October – November 2006).

• Submission to the ACCC on behalf of Cash Services Australia regarding the share acquisition by National Australia Bank (October 2005).

• Submission to the ACCC on behalf of First Data with regard to its acquisition of CashCard (November 2003 – January 2004).

• Research report and assistance to the National Australia Bank in assessing the competitive implications and regulatory options for the setting of interchange fees in credit card associations (March, 2000 – March 2001).

• Examination of theoretical arguments regarding horizontal mergers in Australian banking industry (March, 1997 and May, 1998)

• Analysis, on behalf of Lend Lease, of submission to the ACCC for a joint venture between Lend Lease and National Mutual (November - December, 1997)

• Report on access to the electronic payments system for the National Australia Bank (March - July, 1998).

PHARMACEUTICALS 

• Advice to Mayne Healthcare on wholesale reform under the Pharmaceutical Benefits Scheme (February 2002).

• Advice to the National Pharmaceutical Services Association on the changes to the wholesale margin in the Pharmaceutical Benefits Scheme (May 2001 - June 2001).

• Advice to Faulding Healthcare on implications of COAG review of the pharmaceutical industry (April, 1999 – June, 1999)

• Economic analysis, on behalf of Faulding, of the competition issues surrounding a proposed takeover of AMCAL by Faulding Retail (September, 1998).

• Report on merger authorisation for Sigma and QDL(Nov, 1996)

OTHER 

• Economic advice to Microsoft on antitrust matters (January – December, 2012)

• Economic advice to Microsoft on patent royalties (May, 2012 -)

• Economic advice to US Airways on online travel retailing (February – May 2012)

• Economic advice to Foodstuffs (NZ) on a potential merger with The Warehouse (July-August, 2007).

• Economic advice to the NZCC on a dispute between Pete’s Post and NZ Post on a s36 matter (March, 2007).

• Economic advice to Visy on price fixing matters and damages calculations (October 2006 - 2008).

• Advice to Metcash on the potential acquisition by Woolworths of an IGA Outlet in Jindabyne (June 2007 –August 2007)

• Economic advice to the ACCC on a proposed acquisition by Video Easy of Blockbuster (June – August, 2007)

• Economic advice to Leighton Holdings on a contract dispute with the WA Government (May – July 2007).

• Economic advice to the ACCC on exclusionary conduct by Nestle (October, 2006 – January 2007)

• Economic advice to OneSteel on proposed acquisition of Smorgon Steel (June – June 2007).

• Economic advice to ACCC on definitions of regulatory risk (June, 2006).

• Economic advice to VicForests on proposed auction designs (2006)

• Economic advice to Barloworld on their proposed acquisition of Wattyl (October 2004 – June 2006)

• Economic advice to the ACCC on Alinta’s proposed acquisition of AGL (May 2006)

• Submission on behalf of CSR on exclusive dealing arrangements of James Hardie (February 2006)

• Economic advice to the ACCC on Toll’s proposed acquisition of Patrick (October 2005 – March 2006)

• Economic advice to the ACCC on Patrick’s proposed acquisition of FCL (July – September, 2005).

• Submission to the IPART review of rents for Crown Land for Broadcast towers on behalf of Broadcast Australia (May 2005).

• Economic advice to Pacific Brands on the proposed acquisition of Joyce by Dunlop Foams (September 2004 – January 2005).

• Economic analysis of smash repairs and insurance for Consumer Affairs Victoria (September, 2004).

• Analysis of exclusive dealing claim by Peter Stevens Motorcycles against Kawasaki on behalf of Kawasaki (July – October 2004).

• Report for the MTAA on shopper docket schemes in petrol retailing (August 2004).

• Economic advice to Boral on its proposed acquisition of Adelaide Brighton and litigation against the ACCC (May 2004 – October 2004).

• Work for AWBI on the value of the single desk and its performance in wheat marketing (September 2003 – September 2004).

• Report for Medibank Private on the economic case for a private health insurance rebate (October 2002 – February, 2003).

• Submission to Productivity Commission on behalf of Adsteam Marine Ltd on harbour towage regulation (May – June 2002).

• Submission to ACCC on behalf of Adsteam Marine Ltd on capital cost calculations in harbour towage pricing (April 2002).

• Evaluation of the single desk selling of dairy products on behalf of the Australian Dairy Corporation (September 2001).

• Advice to the ACCC on competition issues associated with B2B E-Commerce (August - September, 2001).

• Submission to the Victorian Treasury on the role of economic regulation and supply security in the proposed Essential Services Commission, on behalf of the Regulated Businesses Forum (October, 2000).

• Submission to the Competition Review of the Wheat Marketing Act on behalf of AWB Limited (March - August, 2000).

• Analysis of the Victorian Freight Rail access pricing regime for Freight Australia (July, 2000).

• Paper for Inquiry into Intellectual Property on behalf of APRA (November, 1999).

• Competitive Analysis of the proposed acquisition of Hymix by Pioneer (December, 1998)

• Analysis of access pricing principles for interstate rail (ACCC); (December, 1997)

• Assistance to Fairfax on submission to Productivity Commission on broadcast regulation (April, 1999);

• Report on supply security in electricity, gas and water (December, 1998)

• Analysis of merger between two oil refineries (August, 1998)

• Report on the Efficient Allocation of Digital Spectrum for John Fairfax Holdings Ltd (February, 1998)

• Report on product standards for electrical appliances in Victoria (March, 1997)

• Report on social implications of a merger for the provision of radiology services in Queensland (Jan 1997)

• Report on infrastructure access dispute in aluminium mining (November, 1996).

• Freight Rail Corp (NSW): Access dispute resolution with IPART (October 1996).

• Rationale for group negotiations for regional medical practitioners (September, 1996).

• Air NZ: theoretical work on the efficiency of access pricing by airports (March - April, 1996);

• Local Government Reform in Tasmania: developing a conceptual framework for the re-organisation of governmental responsibilities among local and state governments (February - May, 1996).

• New South Wales Taxation Authority: Demand conditions in swimming pool construction (December, 1994).