|
John is a
litigation partner in the Auckland
office of Kensington Swan specialising in competition law and
commercial litigation.
John has
successfully project managed a number of large litigation and
arbitration cases including major litigation for Dymocks booksellers
where John was counsel for Dymocks in the High Court, Court of Appeal
and Privy Council, for Eli Lilly in major patent litigation in the
High Court and for a group of major retailers in litigation involving
credit card interchange fees.
In the field of competition law John frequently advises clients in
relation to applications for clearance or authorisation to the
Commerce Commission and has appeared as counsel in respect of appeals
to the High Court against Commerce Commission decisions. He has
also acted for clients in relation to a number of Commerce Commission
investigations, Commerce Act pecuniary penalty actions and Fair
Trading Act prosecutions.
Clients in the field of competition law have included Gullivers
Pacific in its opposition to the Qantas/Air New Zealand alliance,
Woolworths, Foodstuffs, Farmers, Noel Leeming and Red Group in
relation to credit card interchange fees, i4free and CallPlus in
opposition to Telecom, and the New Zealand Rugby Union with respect
to player transfer regulations before the Commerce Commission and in
the High Court and with respect to its salary cap for the national
provincial championship. In addition to client work, John has
presented submissions to the Select Committee on the Commerce
Amendment Bills (1990 and 1999). He frequently presents papers
and writes published articles on the subject of Competition law.
John also specialises in insurance law particularly with regard to
directors’ and officers’ liability and professional
indemnity insurance. He also has extensive corporate litigation
experience including shareholder disputes, claims against directors,
and takeover litigation.
John’s Publications
Where does the law stand after the Privy Council decision in Carter Holt. READ MORE
The key principles applied by the Commerce Commission in considering applications for clearance and authorisation. READ MORE
When does conduct by a firm with market power fall within the test for section 36, and can be considered to amount to 'misuse' of market power? READ MORE
How do New Zealand and Australian competition laws apply to franchises. READ MORE
An examination of how the sharing of price information between competitors may fall foul of trade practices laws and a comparison between trade practices laws in New Zealand and Australia. READ MORE
What happens, under New Zealand and Australian trade practices laws, when distinct products or services are sold together, or are ‘bundled’, or bundled discounts are offered. READ MORE
A guide to dealing with Commerce Commission investigations. READ MORE
|
Home
