Kon is a competition and consumer law specialist with significant expertise in competition law litigation, policy and regulation. He regularly acts for clients in in regulatory inquiries and investigations, and in major administrative law and competition litigation including private damages claims and prosecution proceedings brought by the ACCC. Kon has been involved in a number of high profile contentious matters including acting for:
- PZ Cussons in Federal Court proceedings commenced by the ACCC in relation to an alleged ‘hub & spoke’ cartel arrangement in the laundry detergent industry.
- Pfizer in successfully defending proceedings commenced by the ACCC alleging that Pfizer misused its market power. Kon also acted in the appeal brought by the ACCC.
- Coles and several of its employees in (now settled) unconscionability proceedings commenced by the ACCC arising out of a long-running investigation into Coles’ interactions with its suppliers.
- Emirates in proceedings commenced by the ACCC and in the follow-on class action arising out of the alleged cartel in the air cargo industry.
- News Limited, FOXTEL and Fox Sports (the 'C7 Litigation') – at both trial and on appeal in successfully defending proceedings brought by the Seven Network alleging breaches of the Trade Practices Act. This was one of the largest private damages claims brought under the Trade Practices Act 1974 (cth).
Kon regularly advises clients on third party access issues and economic regulation, and acts in arbitrations and public inquiries conducted by the ACCC concerning access to infrastructure and services. In this respect, he has worked extensively on access issues in the telecommunications industry.
Kon is recognised as a leading competition and antitrust expert in successive editions of Chambers Asia-Pacific with the latest edition noting that he is considered to be 'widely known and well respected as technically very good in the litigation area'.
Areas of Expertise