14 November 2024
Anti-competitive disparagement: think twice before you criticise your competitors’ productsRead moreAldo NicotraLiz Tang
Darren specialises in competition, third party access regulation, economic regulation, and arrangements for the development and use of infrastructure.
With over 30 years’ experience as a lawyer and in related commercial roles, he is recognised for his expertise and experience across a wide range of industries. This includes the rail, gas, electricity, LNG, port, transport, mining, water, primary and FMCG sectors. He has worked across Australia and Asian jurisdictions, which has given him deep industry know-how, and is known for being strategic and pragmatic.
Darren’s work in competition law has covered all forms of anti-competitive conduct, including cartels, M&A, misuse of market power and exclusive dealing, as well as authorisation, clearance and notification processes. His experience in third party access and economic regulation is extensive, covering Federal and State based regimes as well as prescriptive industry specific regimes.
In addition, Darren has advised on major projects, transactions and contracts. He has been involved in market reform and privatisation processes and has advised extensively on utility regulation and commercial contracting arrangements for the use of rail, gas, electricity, water and port infrastructure.
Darren has been consistently recognised by independent ranking directories as a leading lawyer in competition, energy and natural resources law. He has lectured at Curtin University in Competition Law and Policy, served on the inaugural Curtin Law School Advisory Board and has been a Deputy Chair of the Law Council of Australia’s Competition and Consumer Law Committee.
Work highlights
Co-operative Bulk Handling
Seeking and negotiating a long term rail access contract under the Western Australian Rail Access Regime, including complex pricing and capacity issues, regulatory processes with the Economic Regulation Authority, and Supreme Court litigation.
Infrastructure Authority and Global Commodity Producer
Substantial contractual issue about the interpretation and application of wide ranging “most favoured customer” provisions.
Major commodity producer
Competition law issues associated with the international joint marketing of substantial amounts of a major commodity into various Asian jurisdictions, including Japan, Singapore, Taiwan, South Korea, India and China.
Western Australian retail gas market operator (REMCo)
Transfer of its ACCC authorisation to the Australian Energy Market Operator (AEMO).
EnerNOC
Supreme Court challenge to the validity of amendments to the Western Australian Wholesale Electricity Market Rules in relation to the participation of demand side management in the wholesale electricity market’s “reserve capacity mechanism”.
Energy supplier
Complex competition law issues associated with a potential long term and substantial “take or pay” supply contract.