michael daniel colour

Michael Daniel is the Founder and Principal of Resolve Litigation Lawyers and has more than 28 years experience specialising in Commercial and Regulatory Litigation, Dispute Resolution and Competition & Consumer Law. Michael was a founding partner of PricewaterhouseCoopers Legal and its Chairman for nine years. His early career was developed with Allens in Sydney and Herbert Smith in London and he went on to partnership with Dunhill Madden Butler and PriceWaterhouseCoopers. Michael has proven ability in resolving large and complex disputes for market-leaders in a range of industries, including Banking & Finance, Energy & Resources, Health, Manufacturing, IT and Communications. He has consistently achieved successful outcomes in mediations, arbitrations and the Supreme Court of NSW, the Federal Court of Australia and the High Court of Australia.

 

Michael’s matters have included acting for:

 

  • Medicines Australia as Chairman of the Code of Conduct Committee which determines whether or not pharmaceutical companies have breached the Code of Conduct.
  • A large international pharmaceutical company in relation to an alleged breach of s18 of the Australian Consumer Law.
  • A telecommunications company to provide a number of compliance reports pursuant to a section 87b undertaking to the ACCC.
  • Woolworths to provide an independent expert report to the ACCC in relation to compliance with competition laws, for use in Federal Court of Australia proceedings.
  • HCF to provide an independent audit report to the ACCC in relation to compliance with relevant legislation.
  • A potential entrant to the PAY TV market on exclusive dealing and exclusionary provisions.
  • Parties obtaining clearance from the ACCC for mergers and acquisitions.
  • Clients who have been the subject of enquiries by the ACCC and Federal Court proceedings commenced by the ACCC alleging price fixing and market sharing agreements in a range of industries.
  • Parties opposing an acquisition on the grounds that it would cause a substantial lessening of competition.
  • A large grocery wholesaler in proceedings which involved allegations that it would breach s.50 of the Trade Practices Act if it proceeded with its proposed takeover of another large grocery wholesaler.
  • A concrete manufacturer in a dispute with 145 of its lorry owner drivers. The claim involved allegations the lorry owner drivers had engaged in restrictive trade practices which were in breach of sections 45 and 45D of the Trade Practices Act. The lorry owner drivers had a claim against the manufacturer for breach of contract, breach of s.52 of the Trade Practices Act and a claim based on promissory estoppel.
  • A computer importer and manufacturer alleged to have engaged in resale price maintenance.
  • Numerous clients in matters which have involved allegations of false and misleading conduct and breaches of s.52 of the Trade Practices Act. The allegations concerning breaches of s.52 have been in a wide range of matters involving: (i) Sale of business; (ii) Offshore currency loans; (iii) Guarantees; (iv) Passing off.
  • An engineering company in relation to allegations that it had misused its market power in breach of s.46 of the Trade Practices Act.
  • A paint manufacturing company on whether it had breached any of the competition provisions of the Trade Practices Act.
  • A telecommunications company on whether it had engaged in third line forcing.
  • A global soft drink manufacturer and distributor in relation to anti-competitive agreements.

 

Contact Michael at michael.daniel@rllawyers.com.au