Tom Macken

Bird & Bird (Sydney)
Lawyer (Associate)

Tom is an associate in Bird & Bird’s Competition and Commercial Group in Sydney, advising the clients on a broad range of competition, commercial and regulatory matters. As a junior associate, he has worked across a number of the firm’s practice areas and key sectors. As a paralegal, he worked in the Intellectual Property, Competition and Corporate & Commercial Groups, advising on various trade mark and IP protection issues and competition and consumer law matters, and assisting with large-scale corporate transactional and advisory matters. His current practice focuses mainly on advising clients in the communications and technology sector, as well as the sports and media sector. Some of his more recent experience includes advising clients in the telecommunications and IT industry, particularly in relation to satellite and telecommunications regulatory issues, access regulation, trends and commercial opportunities, and the regulation of new technologies and services. He has also provided advice to clients in the sports and media sector in relation to a range of commercial and regulatory issues, including sports governance, sponsorship rights and agreements and anti-corruption matters. Before joining Bird & Bird, he worked at one of Australia’s largest television networks and interned at a commercial and humanitarian law firm, as well as at Australia’s national human rights institution.

Linked author

Bird & Bird (Sydney)

Articles

239 Bulletin

Thomas Jones, Tom Macken The Australian Competition Authority commences an inquiry into the digital advertising technology supply chain and advertising agency services in Australia and releases an issues paper encouraging interested stakeholders to provide their feedback

49

The ACCC has now commenced an inquiry into the digital advertising technology supply chain and advertising agency services in Australia, releasing an issues paper encouraging interested stakeholders (including advertisers and ad hosts) to provide their feedback on key issues affecting the (...)

Tom Macken, Thomas Jones The Australian Competition Authority decides not to appeal the Federal Court’s decision in a merger which declared that it would not have the effect, or likely effect, of substantially lessening competition in the supply of retail mobile services (TPG / Vodafone)

38

The ACCC has decided not to appeal the Federal Court of Australia’s highly anticipated judgment in the TPG/Vodafone merger in which it declared that the proposed merger between the two parties would not have the effect, or likely effect, of substantially lessening competition in the supply of (...)

Tom Macken, Thomas Jones The Australian Federal Court orders a car manufacturer to pay $125 million in penalties for breaching national consumer law by making false representations relating to its compliance with the diesel emissions standards (Volkswagen / ACCC)

14

In December 2019, the Federal Court ordered the German car manufacturer, Volkswagen AG, to pay AUD$125 million in penalties for engaging in a breach of Australia’s consumer law (the Australian Consumer Law ("ACL")) by making false representations relating to its compliance with Australian diesel (...)

Tom Macken, Thomas Jones The Australian Competition Authority takes an action against an online platform company for allegedly engaging in misleading conduct and making false or misleading representations to customers (Google)

19

In October 2019, the Australian Competition and Consumer Commission (“ACCC") decided to take action against Google LLC and Google Australia Pty Ltd (collectively, "Google") in the Federal Court of Australia for allegedly engaging in misleading conduct and making false or misleading (...)

Tom Macken, Thomas Jones The Australian Director of Public Prosecutions brings criminal charges against a former general manager for obstructing an Australian Competition Authority’s cartel investigation (BlueScope)

10

In our August update , we discussed the proceedings that had been commenced by the Australian Competition and Consumer Commission (ACCC) in the Federal Court of Australia against BlueScope Steel Limited (BlueScope) and its former General Manager of Sales and Marketing, Mr Jason Ellis, for (...)

Tom Macken, Thomas Jones The Australian Competition Authority starts a proceedings in the Federal Court against a steel manufacturer and a general manager for alleged cartel conduct (BlueScope)

11

In August 2019, Australia’s competition regulator, the Australian Competition and Consumer Commission ("ACCC") commenced proceedings in the Federal Court of Australia against BlueScope Steel Limited ("BlueScope") and its former General Manager of Sales and Marketing, Mr Jason Ellis, for alleged (...)

Tom Macken, Thomas Jones The Australian Federal Court fines an airline company for engaging into a misleading conduct in relation to its refund practices and makes clear that Australia’s Competition laws apply to international business (Jetstar)

8

In May 2019, Australia’s competition regulator, the Australian Competition and Consumer Commission (ACCC), secured two significant victories in the Federal Court against airlines, one for misleading conduct against Jetstar Airways Pty Ltd (Jetstar) in relation to its refund practices, and one (...)

Tom Macken, Thomas Jones The Australian Competition Authority enters into a cooperation agreement with the US FBI in order to enhance its efforts in detecting, investigations and prosecuting anticompetitive conduct

10

In April 2019, Australia’s competition regulator, the Australian Competition and Consumer Commission ("ACCC"), entered into a Memorandum of Cooperation ("MoC") with the United States Federal Bureau of Investigation ("FBI") in order to enhance its efforts in detecting, investigating and (...)

Tom Macken, Thomas Jones The Australian Competition Authority publishes the draft that set out how the consumer data right is implemented and how it operates in practice in the banking sector

7

On 29 March 2019, the Australian Competition and Consumer Commission (“ACCC”) published the draft Competition and Consumer (Consumer Data) Rules 2019 (the “Draft Rules”). The Draft Rules set out how the Consumer Data Right (the “CDR”) will be implemented, and how it will operate in practice. The CDR (...)

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