22 July 2008

Appointments to the Australian Competition Tribunal

The Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP, today announced a number of important appointments to the Australian Competition Tribunal (the Tribunal). All of the appointments are on a part-time basis and for a period of five years.

The Minister has announced the appointment of the Hon Justice Robert French to be the President of the Tribunal. Justice French, who is currently the Deputy President, would replace Justice Alan Goldberg, whose term is expiring on 29 July 2008 and whose appointment at the Federal Court expires in 2010.

"Justice Goldberg has made a significant contribution to the Tribunal. He has provided strong leadership, and his hard work and dedication has been much appreciated," Mr Bowen said.

The Minister has also announced the appointment of the Hon Justice John Mansfield and the Hon Justice Michael Jacobson as Deputy Presidents, commencing on 30 July 2008 and 22 August 2008 respectively.

In addition, the Minister has announced the reappointment of Mr Robin Davey, Mr Grant Latta and Professor David Round as part-time members of the Tribunal.


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Background

The Australian Competition Tribunal is an independent statutory tribunal, which hears applications for authorisation of mergers and acquisitions which would otherwise be prohibited under the Trade Practices Act 1974. The Tribunal also considers appeals on certain decisions of the Australian Competition and Consumer Commission (ACCC).

Appointments

Justice French is currently a judge of the Federal Court and a part-time Deputy President of the Tribunal. He was appointed to the Federal Court in 1986 and appointed to the Tribunal in 2005. Justice French is also currently a non-resident member of the Supreme Court of Fiji, an additional Judge of the Supreme Court of the Australian Capital Territory, and a Commissioner of the Australian Law Reform Commission.

Justice Jacobson's appointment as Deputy President replaces Justice Roger Gyles, whose appointment with the Federal Court ceases on 21 August 2008. Justice Jacobson was admitted to the Bar of New South Wales in May 1979, and prior to his appointment to the Federal Court in 2002, he was a barrister practising in the fields of commercial law, equity and trade practices. Justice Jacobson has also been a Judge of the Supreme Court of Norfolk Island since 2007.

Justice Mansfield is appointed to Deputy President, replacing Justice French who has been elevated to President. Justice Mansfield was appointed as a Judge of the Federal Court in 1996. Prior to that, he was a practising barrister in South Australia, specialising in competition law. Justice Mansfield was also the President of the Law Council of Australia in 1993.

Mr Davey is currently the Principal of Davey Consulting and has been a member of the Tribunal since 1998. He was the first Regulator-General of Victoria between 1994 and 1997. Mr Davey has also been the Chairperson of the Australian Telecommunications Authority and has held a number of positions in the Commonwealth Attorney-General's Department, as well as senior appointments with the former Trade Practices Commission.

Mr Latta is a company director of various companies, including Ricegrowers Ltd and Biota Holdings Ltd. He is also currently the Chairman of Optiscan Imaging Limited. Mr Latta was, amongst other things, formerly a Managing Director at Pacific Dunlop Industrial Foam and Fibre Group, and Chairman of Europcar Asia Pacific Pty Ltd.

Professor Round is currently the Professor of Economics and Director of the Centre for Regulation and Market Analysis School of Commerce at the University of South Australia. Before Mr Round's appointment to the Tribunal in 1998, he had been an Associate Member of the Australian Competition and Consumer Commission.