Brent Fisse

Brent FisseSpecial Counsel

Brent Fisse has over 30 years’ experience specialising in Competition & Consumer Law.

He has advised clients in many industries, including telecommunications, information technology, publishing and broadcasting, airports, transport, energy, steel, cables, motor vehicles, supermarkets, music, financial services and online retailing.

His expertise and experience spans almost all areas of competition and consumer law, including mergers, competition effects of agreements, misuse of market power, misleading or deceptive conduct, consumer guarantees, and compliance programs.  He is also a leading commentator on changes to the Competition and Consumer Act.

Brent is an Honorary Professor of the University of Sydney Law School.

Expertise
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  • Asian Development Bank on competition and consumer law and policy in Papua New Guinea, Fiji, Vanuatu, Solomon Islands, Timor-Leste, Samoa and Tonga;
  • Universal Music Group on the acquisition of EMI and obtaining clearance from the ACCC;
  • New Zealand Commerce Commission on major competition law matters;
  • New Zealand Ministry of Economic Development on cartel-related issues and proposed legislation;
  • DomGas Alliance on competition law issues relating to major gas projects;
  • Advanced payment technologies company on competition law issues relating to credit card networks, procuring the intervention of the ACCC, and advising on the flow-on damages claim;
  • Avoka Technologies on issues under CCA Part IV and the ACL;
  • Ericsson on exclusive dealing issue in proposed major contract;
  • Federal Court of Australia in running judges’ workshops on cartel-related issues (2010, 2011, 2012, 2014);
  • Advising numerous companies on the application of the 2009 cartel amendments to Part IV of the CCA;
  • Blue Line Cruises on the competition principles agreement and competition law issues;
  • ARIA and PPCA on a wide range of issues under the CCA Part IV;
  • Industry associations on price fixing and other CCA Part IV;
  • Publishing companies on CCA Part IV issues;
  • Deals Direct on issues under CCA Part IV and the ACL;
  • A ticket reseller on CCA Part IV issues with major venues;
  • EnerNOC on competition law issues arising from WA electricity market rules (with Resolve Litigation Lawyers);
  • Equestrian Queensland on third line forcing issues;
  • Senior executive of major Japanese corporation in cartel investigation;
  • Over 20 major corporations on competition and consumer law compliance programs;
  • Numerous companies including Readers Digest, Wizard Home Loans, Osmose, Hutchison 3G, Stamford Hotels and Fantastic Furniture on compliance program audits pursuant to s87B;
  • Major energy companies on smart meter strategy (with Aegis Consulting);
  • Commonwealth Government in the successful sale of the National Transmission Network (1997-9) – role included acting as project manager for Gilbert+Tobin and in a general counsel role, advising on the sale legislation and a wide range of regulatory issues, and liaising with and negotiating solutions for the sale legislation and Commonwealth and State Government agencies;
  • Optus on competition law and telecommunications regulatory issues arising from Telstra’s market power and preparing submissions to regulators;
  • Optus Vision in its successful opposition to the merger proposed between Foxtel and Australis and preparing submissions to ACCC;
  • ARL in the SuperLeague litigation;
  • Port of Brisbane on access issues and exclusive dealing contracts;
  • ACCC on proposed legislative changes to the Trade Practices Act provisions on sanctions;
  • Technology companies on IP licensing issues, including the competition law implications of refusals to license;
  • Brambles/LendLease/Aer Lingus consortium on trade practices and regulatory issues in the privatisation of Melbourne, Brisbane and Perth airports; and
  • Over 50 major Australian companies on online trade practices compliance training programs (including Microsoft, Apple, ABB, Crane, Australian Energy, Alstom and the Hastie Group).
See Competition and Consumer Law