About Me

Michael

Michael Terceiro

BA LLB LLM
Competition and Consumer Lawyer

Work

Since 2008, Michael Terceiro has worked as the principal lawyer at TLC. During that time Michael has helped numerous businesses avoid unwanted attention from the ACCC.

Every business which Michael has assisted in relation to an ongoing ACCC investigation over the last five years has been able to avoid the imposition of any formal sanctions. In other words, every one of our clients who retained TLC at the ACCC investigatory stage has been able to avoid either being taken to court by the ACCC or being required by the ACCC to enter into a court enforceable undertaking.

Michael has been retained by a number of large, medium and small businesses to assist them in relation to competition and consumer law matters. Clients have included ALDI Stores, LG Electronics, InvoCare Australia, Dell Computers, Arnott's Australia, Coates Hire, oOhmedia, Costco Wholesale, and Dimmeys Stores.

Prior to 2008, Michael Terceiro worked at the ACCC for a period of 15 years. During this time, he worked as:

  • the Director (in charge) of the Sydney Mergers and Asset Sales Branch.
  • the National GST Enforcement Coordinator.
  • a Director of Enforcement and Compliance in the New South Wales Regional Office.
  • Director (in charge) of the ACCC's Waterfront Team during the Waterfront Dispute.

Education

Master of Laws (MDR)
Majoring in Dispute Resolution
Awarded Dean’s Certificate for Peaceful Settlement of International Disputes
University of NSW (expected completion 2016)

Intermediate Theology Certificate (ITC)
Moore College

Mediation: Skills, Techniques and Practice
Australian Commercial Disputes Centre (ACDC)

Professional Certificate in Arbitration (ProfCertArb)
Awarded Dean’s Certificate for Introduction of Arbitration
University of Adelaide

Master of Laws (LLM)
Majoring in Competition and Consumer Law
University of Sydney

Bachelor of Laws (LLB)
2nd Class Honours
Macquarie University

Bachelor of Arts (BA)
Majoring in Political Theory
Macquarie University

Professional Qualifications, Memberships and Committee Work

Member
NSW Law Society
since 1998
Unrestricted Practising Certificate
since 2008

Admitted as Barrister and Solicitor
High Court of Australia and NSW Supreme Court
1998

Deputy ChairSmall and Medium Enterprise Committee (SME Committee), Business Law Section
Law Council of Australia
2013 to present

MemberSME Committee, Business Law Section
Law Council of Australia
2010 to present

MemberCompetition and Consumer Law Committee, Business Law Section
Law Council of Australia
2008 to present

MemberResolution Institute
since 2012

MemberAustralian Institute of Company Directors
since 2015

Nationally Accredited Mediator
National Mediator Accreditation System (NMAS)
2013-2015

Community Work

Tyndale Christian School - Volunteer Director and Company Secretary
Convenor Finance and Audit Committee
2012 to present

Mock Trial - Mock Trial Coach
Rooty Hill High School, 2010-2015
Auburn Girls High School, 2009

Publications

Michael has been a contributor to various journals, primarily CCH and the Law Society Journal.

Loose Leaf Chapters

  • Anticompetitive Agreements Chapter, CCH Australian Competition and Consumer Law Reporter, Volume 1–Competition Law, 2014.
  • Secondary Boycotts Chapter, CCH Australian Competition and Consumer Law Reporter, Volume 1–Competition Law, 2013.

Articles

  • Broad markets give less room to move–Coles’ proposed acquisition of Supabarn, Competition and Consumer Law News, LexisNexis, Vol 21, No 7, September 2015, pp. 88-92.
  • Demystifying the Root and Branch Review, CCH Law Chat, 29 April 2014.
  • Usual Suspects: The Credit Default Swap Investigation, CCH Law Chat, 4 July 2013.
  • Overview of the activities of the ACCC, Lessons learnt and predictions for the near future, CCH Law Chat, 25 March 2013.
  • Banks Behaving Badly, Competition and Consumer Law Tracker, CCH, Issue 3, March 2012.
  • The Gathering Storm - An Update on the LIBOR scandal, CCH Law Chat, September 11, 2012.
  • Low-balling the LIBOR - the LIBOR rate rigging scandal, Australian Competition & Consumer Law Tracker, CCH, Issue 8, August 2012.
  • United States v Apple - the e-book case, Australian Competition & Consumer Law Tracker, CCH, Issue 5, May 2012.
  • ACCC's investigation of Woolworths and Coles: A Blueprint for Action, Australian Competition & Consumer Law Tracker, CCH, Issue 4, April 2012.
  • ACCC v Ticketek - a non-event? Keeping good companies, Journal of Chartered Secretaries Australia Ltd, April 2012, Volume 63 No. 3, pp. 158-161.
  • Manufacturing Chaos: Country of Origin Laws under the Australian Consumer Law, Australian Competition & Consumer Law Tracker, CCH, Issue 3, March 2012.
  • Stocktake of the ACCC's new powers and remedies under the Australian Consumer Law - the first 18 months. Part 3: pecuniary penalties, disqualification orders and non-party redress, Australian Competition & Consumer Law Reporter, CCH, Issue 641, 18 May 2012.
  • Stocktake of the ACCC's new powers and remedies under the Australian Consumer Law - the first 18 months. Part 2: infringement notices Australian Competition & Consumer Law Reporter, CCH, Issue 639, 30 March 2012, pp. 1-9.
  • ACCC's carbon price claims Guide falls short of the mark, Australian Competition & Consumer Law Tracker, CCH, Issue 1, January 2012.
  • Warranties against defects: Coming to grips with regulation 90 of the Competition and Consumer Regulations 2010, NSW Law Society Journal, December 2011, Vol. 49, No, 11, pp. 71-73.
  • Carbon tax price gouging - understanding the pitfalls, Australian Competition & Consumer Law Tracker, CCH, Issue 11, November 2011.
  • Stocktake of the ACCC's new powers and remedies under the Australian Consumer Law - the first 18 months. Part 1: substantiation notices and public warning notices, Australian Competition & Consumer Law Reporter, CCH, Issue 11, November 2011.
  • Messcash: A Comedy of Errors, Australian Competition & Consumer Law Reporter, CCH, Issue 636, 14 October 2011, pp. 1-6.
  • Carbon tax price gouging - understanding the pitfalls, NSW Law Society Journal, October 2011, Vol. 49 No. 9, pp. 68-71.
  • ACCC Search Warrants - Plan for the worst, Keeping good companies, Journal of Chartered Secretaries Australia Ltd, September 2011, Volume 63 No. 8, pp. 484-487.
  • When Green Wash Won't Wash: Avoiding misleading environmental claims, Impact! A National Journal of Environmental Law - Consumer Protection edition, Issue 90, December 2010, pp. 7 - 11.
  • Ramping up the powers of the consumer regulator and the court, NSW Law Society Journal, April 2010, Volume 48, pages 66 - 69.
  • Clarity in Pricing: TPA changes may muddy the waters, NSW Law Society Journal, May 2009, Volume 47, pp. 48-52.
  • The ten biggest mistakes companies make when dealing with the ACCC, Keeping Good Companies, Journal of Chartered Secretaries Australia Ltd, December 2008, Volume 60 No. 11, pp. 681-684
  • When green wash won't wash: Avoiding misleading environmental claims, NSW Law Society Journal, November 2008, Vol 46, No 10, pp. 50-54.

For copies of most of the above publications and many more competition and consumer law articles please visit Michael's blog at: http://competitionandconsumerprotectionlaw.blogspot.com.au.

Presentations

Michael has also presented papers at various conferences including:

  • "Small Business in Focus" joint presenter with Marcus Bezzi, ACCC Executive General Manager, Competition Enforcement, Small Business is the New Black, Law Council of Australia and NSW Law Society – Oct 2015.
  • "Overview of the activities of the ACCC, lessons learned and predictions for the near future" Tonkin 3rd Annual Competition and Consumer Law Conference – 2013.
  • "Stocktake of the ACCC's new powers and remedies under Australian Consumer Law: the first 2 years" Tonkin Competition and Consumer Intensive - 2012
  • "When green wash won't wash: Avoiding misleading environmental claims" presented at the Environmental Defenders Office 25th National Conference – 2010.
  • "Public Warning Powers" presented at the Trade Practices Workshop, Law Council of Australia – 2009.
  • "When green wash won't wash: Avoiding misleading environmental claims" presented at the Young Lawyers Seminar, New South Wales Law Society – 2009.
  • "The 10 Biggest Mistakes Companies make when Dealing with the ACCC" presented at the Inaugural Thomson Reuters Competition and Trade Practices Summit – 2009.