Michael O'Bryan QC

Bar Roll: 2002 Silk: 2011
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Michael practises in the areas of competition and consumer law, economic regulation of monopoly services, commercial class actions, corporate and securities law and commercial law.

Michael was a member of the panel appointed by the Commonwealth Government in 2014 to conduct a review of Australia’s competition laws and policy (now known as the Harper Review), which resulted in the recent enactment of the Competition and Consumer (Competition Policy Review) Act 2017.  Michael is a member and past chairman of the Competition and Consumer Committee of the Law Council of Australia.

Between 1992 and 2002, Michael was a partner in the national law firm Minter Ellison, practising in the areas of competition and consumer law and corporate law.

 

 

*Liability limited by a scheme approved under Professional Standards legislation

Class ActionsCommercialCompetitionConstitutional LawCorporationsEnergy RegulationJudicial ReviewMerits ReviewRoyal Commissions/Government InquiriesSecuritiesTrade Practices/Consumer Protection
  • Michael O’Bryan QC – Interaction between Intellectual Property and Sub section 51(3) of the Trade Practices Act,
  • Michael O’Bryan QC – Trade Practices Commission Background Paper on the Application of the Trade Practices Act to Intellectual Property, July 1991: co author with Alan Limbury of Minter Ellison.
  • Michael O’Bryan QC – Refusal to License Intellectual Property Under the Australian Trade Practices Act, Patent World, May 1992.
  • Michael O’Bryan QC – Section 46: Have We Lost Our Way?
  • Michael O’Bryan QC – Section 46: Law Or Economics?
  • Michael O’Bryan QC – National Competition Policy: Legislative and Inter governmental Reform Package.
  • Michael O’Bryan QC – Access Pricing: Law before Economics?
  • Michael O’Bryan QC – Recent Issues in Authorisations – Public Benefits and Detriments Examined
  • Michael O’Bryan QC – Section 46: Legal and Economic Principles and Reasoning in Melway and Boral, published in the Competition and Consumer Law Journal, Vol 8, 2001, Butterworths
  • Michael O’Bryan QC – Collusive Conduct
  • Michael O’Bryan QC – Anti-competitive Conduct “Per Se Prohibitions” Dawson Committee Recommendations
  • Michael O’Bryan QC – Market definition “drawing imaginary lines”
  • Michael O’Bryan QC – Unconscionable Conduct, commentary delivered at the University of Sth Australia Trade Practices Workshop, October 2006
  • Michael O’Bryan QC – Merger Review under the TPA
  • Michael O’Bryan QC – Expert evidence in competition law cases, commentary delivered at the Law Council Trade Practices Workshop, August 2007
  • Michael O’Bryan QC – Cartel Conduct Bill “Double Jeopardy”
  • Michael O’Bryan QC – The case for increased private enforcement of cartel law
  • Michael O’Bryan QC – “Standard of proof in section 50 cases” commentary on ACCC v Metcash delivered at the Annual Conference of the Victorian Bar, March 2012
  • Michael O’Bryan QC – Issues arising from the extraterritorial reach of Australian cartel laws
  • Michael O’Bryan QC – Are there stresses and strains in the remedial structure of the Competition and Consumer Act 2010?, commentary delivered at the Law Council Competition and Consumer Law Workshop, August 2013

QUALIFICATIONS:

LLB (Hons), BSc (Melb)

MEMBERSHIP & ASSOCIATIONS:

Panel Member of the Competition Policy Review that delivered its final report to the Federal Government in March 2015;
Member and past chairman of the Trade Practices Committee of the Law Council of Australia.

Michael O'Bryan QC

Bar Roll: 2002 Silk: 2011
print vcard

Profile

Michael practises in the areas of competition and consumer law, economic regulation of monopoly services, commercial class actions, corporate and securities law and commercial law.

Michael was a member of the panel appointed by the Commonwealth Government in 2014 to conduct a review of Australia’s competition laws and policy (now known as the Harper Review), which resulted in the recent enactment of the Competition and Consumer (Competition Policy Review) Act 2017.  Michael is a member and past chairman of the Competition and Consumer Committee of the Law Council of Australia.

Between 1992 and 2002, Michael was a partner in the national law firm Minter Ellison, practising in the areas of competition and consumer law and corporate law.

 

 

*Liability limited by a scheme approved under Professional Standards legislation

Areas of Practice

Class ActionsCommercialCompetitionConstitutional LawCorporationsEnergy RegulationJudicial ReviewMerits ReviewRoyal Commissions/Government InquiriesSecuritiesTrade Practices/Consumer Protection

Cases

Publication

  • Michael O’Bryan QC – Interaction between Intellectual Property and Sub section 51(3) of the Trade Practices Act,
  • Michael O’Bryan QC – Trade Practices Commission Background Paper on the Application of the Trade Practices Act to Intellectual Property, July 1991: co author with Alan Limbury of Minter Ellison.
  • Michael O’Bryan QC – Refusal to License Intellectual Property Under the Australian Trade Practices Act, Patent World, May 1992.
  • Michael O’Bryan QC – Section 46: Have We Lost Our Way?
  • Michael O’Bryan QC – Section 46: Law Or Economics?
  • Michael O’Bryan QC – National Competition Policy: Legislative and Inter governmental Reform Package.
  • Michael O’Bryan QC – Access Pricing: Law before Economics?
  • Michael O’Bryan QC – Recent Issues in Authorisations – Public Benefits and Detriments Examined
  • Michael O’Bryan QC – Section 46: Legal and Economic Principles and Reasoning in Melway and Boral, published in the Competition and Consumer Law Journal, Vol 8, 2001, Butterworths
  • Michael O’Bryan QC – Collusive Conduct
  • Michael O’Bryan QC – Anti-competitive Conduct “Per Se Prohibitions” Dawson Committee Recommendations
  • Michael O’Bryan QC – Market definition “drawing imaginary lines”
  • Michael O’Bryan QC – Unconscionable Conduct, commentary delivered at the University of Sth Australia Trade Practices Workshop, October 2006
  • Michael O’Bryan QC – Merger Review under the TPA
  • Michael O’Bryan QC – Expert evidence in competition law cases, commentary delivered at the Law Council Trade Practices Workshop, August 2007
  • Michael O’Bryan QC – Cartel Conduct Bill “Double Jeopardy”
  • Michael O’Bryan QC – The case for increased private enforcement of cartel law
  • Michael O’Bryan QC – “Standard of proof in section 50 cases” commentary on ACCC v Metcash delivered at the Annual Conference of the Victorian Bar, March 2012
  • Michael O’Bryan QC – Issues arising from the extraterritorial reach of Australian cartel laws
  • Michael O’Bryan QC – Are there stresses and strains in the remedial structure of the Competition and Consumer Act 2010?, commentary delivered at the Law Council Competition and Consumer Law Workshop, August 2013

Qualifications & Memberships

QUALIFICATIONS::

LLB (Hons), BSc (Melb)

MEMBERSHIP & ASSOCIATIONS:

Panel Member of the Competition Policy Review that delivered its final report to the Federal Government in March 2015;
Member and past chairman of the Trade Practices Committee of the Law Council of Australia.