Competition

Navigating competition laws is essential for businesses operating in Australia. With the Australian Competition and Consumer Commission (ACCC) pursuing enforcement for non-compliance with the Competition and Consumer Act 2010, legal guidance is critical to achieving commercial objectives while remaining compliant. Breaches can result in severe penalties and lasting damage to brand reputation and customer trust.

Our full-service practice advises on all aspects of competition law, including merger advice and clearances (including in relation to the new mandatory ACCC merger notification and clearance regime), structuring arrangements with customers and competitors, including distribution systems, joint ventures and franchise systems, and responding to ACCC investigations and litigation.

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Competition

Our experience

  • Criminal cartel investigations and proceedings Acting for NYK in Australia’s first criminal cartel prosecution of the modern era and for Country Care Group and Robert Hogan in the only criminal cartel trial yet run to date in the Federal Court (our clients were acquitted on all charges). We also acted for Christopher Joyce in criminal cartel proceedings and advised JP Morgan in relation to matters that gave rise to the bank cartel proceedings instituted by the CDPP in 2018 and ultimately withdrawn in February 2022.
  • Merger clearances and advice work Advising on competition law advice and obtain ACCC merger clearances in relation to Wesfarmers subsidiaries, including Bunnings and API. Reviewing and advising on proposed acquisitions by Coles and assisting Coles with the transition to the new mandatory ACCC merger notification and clearance regime. Our team has also obtained ACCC clearance for School Bytes’ acquisition by Compass.
  • Civil cartel investigations and litigation Acting for various clients, including acting for two airlines in the air freight cartel investigations and assisting clients with numerous confidential ACCC investigations.
  • The University of South Australia and The University of Adelaide Advising on all competition issues in the largest University merger in the world including liaising with ACCC and applying for authorisations for merger and joint procurement for the new University and enacting legislative authorisation in the Act establishing the new University.
  • The SA Government Acting in relation to Competition & Consumer Act issues including advice, liaison with the ACCC and s50 merger clearance issues arising from the Government’s $1.6 billion privatisation of Land Services Group, $670 million divestment of interests in SA forestry plantations and $427 million sale of the operating rights of SA Lotteries to the Tatts Group.
  • Bunnings and various clients Providing day to day competition law advice for a range of clients including Bunnings, BOC, Elgas, Compass, Rheem and Sony Australia.
  • Clients Advising regarding issues under Part IIIA of the Competition and Consumer Act 2010 in relation to third party access to services provided by means of significant infrastructure facilities including in respect of the various mechanisms by which access can be sought to those services (eg declaration and arbitration, access undertakings and the certification of effective state access regimes).
  • ACCC investigations and inquiries Acting for clients in ACCC investigations and inquiries including responding to notices for production of documents and notices for oral examinations.