Simon Cooke

Simon is a Partner in Melbourne who specialises in competition, consumer and regulatory law.  Simon advises clients on all aspects of competition/anti-trust law as well as matters involving energy, telecommunications and financial regulation, consumer law issues, franchising, and general commercial law.

Simon regularly provides advice on competition law issues arising from major transactions such as mergers, and compliance with Australia’s competition laws.  He also works for a number of the firm’s major clients on commercial matters such infrastructure access regimes, supply and distribution agreements, commodity hedging/derivatives instruments and consumer contracts.

Simon also specialises in energy regulation, advising several clients in relation to Australian electricity and gas regulatory issues, and he is a member of KWM’s Agribusiness team.

Simon was identified as a “next generation” competition lawyer for Australia in the 2018 Asia Pacific Legal 500 rankings

Some examples of Simon’s work include:

  • Advising McGraw-Hill Education on the Australian competition aspects of the proposed global merger with Cengage (ongoing).
  • Advising on and securing informal merger clearance for McMillian Shakespeare’s proposed acquisition of Eclipx Limited in 2019, which ultimately did not proceed for commercial reasons.
  • Advising on and securing an informal merger clearance for the acquisition of the Macpac retail business by the Super Retail Group in 2018.
  • Conducting and coordinating a complete review and audit of a major Australian client’s compliance with competition, bribery and corruption laws across its south east Asian business operations, including in Vietnam, Thailand, Indonesia, Malaysia and Singapore.
  • Representing the Flight Centre Travel Group in relation to allegations of attempted price fixing in ACCC v Flight Centre [2016] HCA 49. 
  • Advising Engie Inc. regarding the regulatory and commercial issues relating to the closure of the Hazelwood Power Station.
  • Advising the Port of Darwin and preparing submissions in relation to the Northern Territory Utilities Commission’s 2018 review of the access and pricing regime for the Port.
  • Advising Alumina Ltd on competition, contractual and regulatory aspects of the re-negotiation with Alcoa for the terms of global AWAC joint venture.
  • Acting for several clients - including major gas producers and gas consumers - as part of the ACCC’s ongoing East Coast Gas inquiry.
  • Securing ACCC merger clearance for a consortium led by Cheng Keung Industries for the proposed acquisition of AusGrid under the NSW electricity privatisation process. 
  • Acting for Halliburton in the Australian merger control process for its proposed global merger with Baker Hughes in 2015-2016.

Simon is an occasional lecturer in competition and regulatory law in the RMIT Graduate School of Business and Law, and since 2015 he has co-authored the Australian Electricity Regulation chapter of the Getting the Deal Through publication series.

Prior to joining King & Wood Mallesons, Simon worked for the Australian Tax Office, where he specialised in issues for large corporate taxpayers, particularly in relation to capital gains tax and the taxation of financial products.  He also taught taxation law at the Leo Cussen Institute in Victoria.  


Location

Legal insights

The Federal Government has announced that it will direct the ACCC to conduct a market inquiry into the water markets operating in the MDB.

09 August 2019

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