Ben Hamlin Email & Phone Number

Wellington, New Zealand

Wellington, Wellington Region, New Zealand

New Zealand

Wellington & Wairarapa, New Zealand

I worked for the Commerce Commission as Chief Legal Counsel, Competition, leading a team of experienced lawyers at the Commerce Commission.As Chief Legal Counsel, Competition, I was responsible for ensuring the Commission receives high quality legal advice, from both internal and external sources, in relation to its Commerce Act responsibilities. This includes supporting policy and advocacy work, determinations, investigations and litigation decisions. I was also responsible for managing the Commission’s litigation portfolio of Commerce Act cases. Significant matters I advised on during my time as Chief Legal Counsel included:• Over 70 mergers clearances and section 47 investigations, across a wide range of sectors, including four successful section 47 proceedings.• Seven authorisation applications, including the NZME/Fairfax authorisation that was unsuccessfully challenged in the High Court and Court of Appeal.• The Commission’s first three market studies, in relation to retail fuel, groceries and building materials.• A wide range of restrictive trade practice and cartel investigations, resulting in eight successful cartel proceedings. • The trial and appeal stages Commission’s successful prosecution of the Hamilton Real Estate cartel, concluding with Lodge Real Estate v Commerce Commission [2020] NZSC 25.• A large law reform programme including the Commerce Amendment Act 2018, Commerce (Criminalisation of Cartels) Amendment Act 2019, COVID-19 Response (Further Management Measures) Legislation Act 2020, and the Commerce Amendment Act 2022In addition, I continued to be responsible for a number of consumer litigation matters, including the Commission’s successful Steel Mesh Prosecutions, and the Commission’s successful prosecution of Vodafone over its ‘FibreX’ campaign.

New Zealand

I worked for the Commerce Commission as Principal Counsel, Consumer, leading a team of experienced lawyers at the Commerce Commission.As Principal Counsel, Consumer, I was responsible for ensuring the Commission received high quality legal advice, from both internal and external sources, in relation to its CCCFA and Fair Trading Act responsibilities. This included supporting policy and advocacy work, investigations and litigation decisions.I was also responsible for managing a litigation portfolio of between 20 and 30 cases. Significant cases taken or resolved during my time as Principal Counsel included:- FTA Resolutions with a number of significant firms in important industries, including Vodafone, Trustpower, Harmoney, Youi, Reckitt Benckiser and Bike Barn.- CCCFA and FTA prosecutions against 10+ Mobile Traders, resulting in penalties in excess of $1,500,000.- Convictions on the Commission’s first Crimes Act charges to go to trial, R v Mehta (upheld on appeal in Mehta v R [2017] NZCA 491).- Credit related prosecutions in relation to 20/50 Ltd, Flexibuy, Sunway, Budget Loans and Evolution Finance.- A range of credence and country of origin cases in relation to products such as Alpaca Duvets, Goats Milk Powder, Frozen Yoghurt and Bee Pollen.In addition, I was responsible for the Commission’s involvement in Godfrey Hirst’s unsuccessful challenge, in the High Court and Court of Appeal, of a Commission authorisation in the wool scouring industry.

Auckland, New Zealand

I was an Associate at the Crown Solicitor at Auckland, conducting criminal proceedings, including jury trials, in the District Court and High Court. I advised on and appeared in competition, regulatory and administrative law litigation in the High Court, Court of Appeal and Supreme Court.I appeared as junior counsel in a range of significant Fair Trading and Commerce Act cases in all Courts, including Vodafone v Telecom [2012] 3 NZLR 153 (SC) and Fonterra v Grate Kiwi [2012] 2 NZLR 184 (SC), Godfrey Hirst v Cavalier Bremworth [2014] 3 NZLR 611 (CA), Commerce Commission v Visy Board [2012] NZCA 383 (Jurisdiction), Godfrey Hirst v Commerce Commission (High Court, 2011), Commerce Commission v Visy Board [2013] NZHC 2097 (Penalty), Commerce Commission v Whirlpool (High Court, 2011), and Commerce Commission v Love Springs & Smart (District Court, Auckland, 2013). I was also counsel in the Commission's first enforcement matters under the Telecommunications Act in relation to "Loyalty Offers" and SLES.I conducted over 50 appeals to the High Court for a range of government clients, including the Police, NZ Transport Agency and Department of Internal Affairs. Significant casesincluded Thompson v Police [2013] 1 NZLR 848 (NZBORA case on disorderly conduct), Grueber v NZTA [2014] NZHC 2924 (collateral challenge to toll regime), Landmark v Police [2014] NZHC 1280 (antisemitic desecration of graves) and Raki v DIA [2013] NZHC 3550 (Theft of gaming trust distributions).In addition I appeared as lead counsel in a number of civil pecuniary penalty cases, including Commerce Commission v Hodgson [2014] NZHC 649, Department of Internal Affairs v Image Marketing Group [2014] NZHC 139 and Department of Internal Affairs v Mansfield [2013] NZHC 2064.

Wellington & Wairarapa, New Zealand

As a Senior Legal Counsel in the Legal Services Branch of the Commerce Commission, I assisted in a wide range of investigations and proceedings. I also provided advice on a range of public sector issues including the OIA, Privacy Act, and administrative law obligations.Significant proceedings I was junior counsel on included:* Woolworths & Ors v Commerce Commission (CA) (Merger appeal)* AstraZeneca v Commerce Commission & Pharmac (SC) (Challenge to use of information gathering powers)* Air New Zealand & Ors v Commerce Commission (CA) (Challenge to use of suppression powers)* Vodafone & Telecom v Commerce Commission (A series of Telecommunications Act appeals and judicial reviews, HC, CA, SC)* Fonterra v Kaimai & Anor (Appeal under the Dairy Industry Restructuring Act, HC, CA, SC)* Commerce Commission v Bay of Plenyty Electricity (Abuse of market power)* Transpacific Industries NZ Ltd v Commerce Commission (Merger appeal)* Commerce Commission v ERS NZ Ltd & Anor (Domestic price fixing in waste sector)* Commerce Commission v Pathology Associates Ltd & Anor (Domestic collusion in health sector)* Commerce Commission v Alstom SA & Ors (International price fixing cartel in Gas Insulted Switchgear)* Commerce Commission v Visy & Ors (Trans-tasman price fixing cartel)Works I wrote or co-wrote at the Commission during this time included:* Competition Law and Policy in New Zealand (with M Sumpter, 2010, CCH)* The Devil in the Detail: prosecuting cartel conduct under criminalisation, BrightStar 10th Annual Competition Law & Regulatory Review (2010)* Commerce Commission’s use of section 100 orders, NZ Lawyer (2008)* International Cartel Enforcement: New Zealand’s Role, NZ Bar Association Conference (2008)* Issues in the Application of the Leniency Policy, CLPNZ (2007)* The Application of the Leniency Policy, Lexis-Nexis Advanced Competition and Fair Trading Law Conference (2007)

Wellington & Wairarapa, New Zealand

As a solicitor in the litigation team of Chapman Tripp, I undertook the role of junior counsel in commercial, regulatory and public law disputes, including discovery, preparing submissions and interlocutory applications and appearances. Significant cases I was involved in included Huata v Prebble, the first substantive appeal to the New Zealand Supreme Court.

Llb

Bsc, Biochemistry