James is a partner in the commercial litigation group, where he specialises in competition law.
He has been involved in significant commercial litigation, on both Commerce Act and general commercial matters, for a range of clients. He also undertakes alternative dispute resolution.
James provides advice on all aspects of restrictive trade practices and acquisitions under the Commerce Act, and routinely advises on Fair Trading Act issues and disputes.
He has experience in applying for Commerce Commission clearance for acquisitions.
He has represented clients in Commerce Commission investigations, and been involved in significant court litigation dealing with Commerce Act and Fair Trading Act claims.
James regularly provides compliance seminars to clients on the Commerce Act and the Fair Trading Act.
Examples of Work
- Commerce Commission v Koppers Arch Wood Protection (NZ) Ltd - leading case on penalties for price fixing
- Koppers Arch Wood Protection (NZ) Ltd v Commerce Commission - Commerce Commission's powers to demand information, documents, and evidence
- Novartis - Commerce Commission clearance for the acquisition of Alcon in 2010
- Redeal - Commerce Commission clearance for acquisition of Egley Electrical Co and Egley Electrical Petone
- New Zealand Investment Holdings - Commerce Commission clearance for acquisition of RX Plastics
- Ross Roofing - Commerce Commission clearance for sale to CSR Building Products
- Mighty River Power and Joan Withers (a director) - exemptions from the cross-involvement provisions of the Electricity Industry Reform Act
- Westfield - exemptions from the cross-involvement provisions of the Electricity Industry Reform Act
- Onyx Group Ltd v Auckland City Council - successful defence of a $9 million challenge to Auckland City Council's tendering process
- Bomac Laboratories v F. Hoffman-La Roche Ltd - New Zealand courts' jurisdiction in claims under the Commerce Act against foreign corporations
- Commerce Commission v Roche Products (New Zealand) Ltd - successful application to strike out Commerce Commission's claims as being out of time
- Transpower New Zealand Ltd v Meridian Energy Ltd and Transpower New Zealand Ltd v Cobb Power Ltd - precedent-setting cases on the enforcement of standard terms of supply in the electricity sector
- Vector Ltd v Transpower New Zealand Ltd - litigation involving Commerce Act and judicial review claims against a state-owned enterprise
Other Credentials
- Solicitor, England and Wales
- Association of Dispute Resolvers (LEADR) - Member
- Brightstar Annual Competition Law & Regulatory Review conference 2009 and 2010 - Speaker
- LexisNexis Annual Contract Law Conferences 2003-2004 and 2006 - Speaker
- Unitec Master of Project Management - Guest lecturer
