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Andrew (Andy) Matthews

Partner
Auckland
Download Andrew (Andy)'s vCard

DDI:        +64 9 353 9847
Mobile:   +64 222 333 666
FAX:        +64 9 353 9701
Email:      

Andy is a competition law specialist with a focus on telecommunications issues. He leads our Competition & Regulatory (Antitrust) and Telecommunications, Media & Technology (TMT) teams.

Professional Qualifications

LLB University of Auckland, 1992
BCom University of Auckland, 1992
Admitted as a Solicitor (England & Wales)

Areas of expertise

Competition and Regulatory
Antitrust
White Collar
Technology, Media & Telecommunications
Infrastructure/Major Projects/PPP
Energy and Resources
Asia
Tourism
Sports
Health & Ageing
Aviation

Andy advises on all competition matters, including mergers & acquisitions, cartels & leniency (amnesty) applications, and pricing & access issues. Andy has extensive experience dealing with competition regulators in New Zealand, the EU and United Kingdom.
 
Some of Andy's major projects

Commerce Commission Clearances/Non-notified Mergers

  • 2008/2009: Phil & Ted’s/Mountain Buggy; SCJohnson/Robocan; TetraPak/Downer; Shell/ExxonMobil; Cavalier Corporation/Norman Ellison Carpets; NZ Diagnostic Group/Healthscope
  • 2007: Southern Cross Health Trust/QE Health; New Zealand Post/Salmat; Medichem Waste/Transpacific Technical Services; Rivermill Bakeries/Goodman Fielder; Shell/BOC
  • Other:  The sale of Independent Liquor; NZ Diagnostic Group's proposed JVs with Sonic Healthcare; AP Moller-Maersk's acquisition of P&O Nedlloyd; Southern Cross Health Trust's clearances to acquire Auckland Surgical Centre & establish Oxford clinic joint venture; Southern Cross Medical Care Society's successful cases in the High Court & Court of Appeal on its acquisition of Aetna NZ; aspects of Qantas' proposed alliance with Air New Zealand

Cartels & Leniency (Amnesty) Applications

  • Acted on four of 14 successful applications under the Commerce Commission’s Leniency Policy for cartelists
  • Acting on a number of high profile investigations

Access & Pricing Issues

  • Focus on access issues, including the application of the Efficient Component Pricing Rule or regulatory regime
  • Acted for both access providers and access seekers in the dairy, energy, media, postal services and telecommunications industries

Telecommunications, Media and Technologies (TMT)

  • Two Degrees Mobile Limited on regulatory, competition and commercial matters
  • Previous work has included acting for Vodafone NZ on various competition and consumer protection matters (including its clearance to acquire 3G spectrum); BT in relation to the sale of CLEAR to Telstra; various competition matters for Cable & Wireless (UK), including the sale of its mobile and cable interests; and working on aspects of BellSouth’s NZ start up
  • Advising on Telecommunications Act regulatory issues and accounting separation rules, and various issues under the Radiocommunications Act
  • Aspects of Yahoo!7's NZ joint venture, Yahoo!Xtra
  • Other clients include The Nielson Group, Palm and Intrahealth
Memberships and directorships
 
Member, New Zealand Law Society
Member, International Bar Association (IBA)
Member, Competition Law & Policy Institute of New Zealand (CLPNZ)
Member, Law & Economics Association of New Zealand
Member, Institute of Directors in New Zealand
 
Seminars and publications
  • Asia-Pacific Antitrust Review - Global Competition Review special report (2011)
  • Cartels: Overview (2010) - The Asia-Pacific Antitrust Review - Global Competition Review, 2009 edition, 2008 edition (Co-authored with Minter Ellison's Paul Schoff)
  • "Move on cartels linked to Australia" - New Zealand Herald (February 2010) The move towards a single economic market with Australia is behind the push to "criminalise" cartel behaviour in New Zealand
  • NZ reporter - Australian & NZ Trade Practices Law Bulletin
  • NZ reporter - International Bar Association's Antitrust Newsletter
  • IBA Paper "Trade & Competition Law - Australasian perspectives" - Buenos Aires (2008)
  • "Issues arising from the application of the Leniency Policy", commentary - CLPNZ (2007)
  • "International Trends in Competition Law" (with Dr Ross Patterson) Advanced Competition & Fair Trading Conference (2007)
  • "Cartels, the Overseas Perspective", 6th Annual Competition Law & Regulation Review (2006)
  • "Harmonisation of Australian and New Zealand competition law - is it worth it?"(with Dr Ross Patterson), University of South Australia Trade Practices Workshop (2005)
  • "The Commerce Commission's Leniency Policy" - commentary CLPNZ (2005)
  • Competition Law at the Turn of the Century: A New Zealand Perspective, (chapter) "NZ Competition Law in an International setting" (co-author), Victoria University Press (2003)
  • Co-author, "Unilateral Effects" chapter, International Competition Network's working group's "Report on Merger Guidelines" (2003)
  • IBA Paper "Fighting against International Cartels - a New Zealand Perspective" (Durban, 2002)
  • Paper, Congress of the International Academy of Comparative Law, Brisbane (2002) & NZ Chapter, "Limits & Control of Competition with a View to International Harmonisation", Kluver (2001)
  • American Bar Association, Antitrust Developments - Year in Review (2000 and 2001) (co-author)
International recognition

Leading individual - Guide to the World's Leading Competition & Antitrust Lawyers 2012,2010
Named in the International Who's Who of Competition Lawyers, 2006 to 2012
Named in the International Who's Who of Regulatory Communications 2012
Leading lawyer (Competition/Antitrust) - PLC Which lawyer? 2010/2011
Leading lawyer (Competition/Antitrust) - PLC Which lawyer? 2009/2010
Leading individual - Corporate: Competition - Chambers Global (featured annually 2006 - 2011)
IFLR: Guide to the World's Leading Competition & Antitrust Lawyers 2008 (8th Edition)
Featured in the '10 More to Watch' section of the '40 under 40' list of the top 40 competition lawyers under 40 years of age in the Global Competition Review (May 2008)
NZ Non-government advisor, International Competition Network (2009)
 
Work history
 
Partner, Minter Ellison Rudd Watts, Auckland (1999 - present)
Allen & Overy, London (1997 - 1999)
Bell Gully, Auckland (1994 - 1997)
Ellis Gould (1993 - 1994)
Rudd Watts & Stone (now Minter Ellison Rudd Watts), Auckland (1992 - 1993)




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