David Fleming

David has extensive experience advising corporate and government clients in a range of industries on all aspects of Australian competition and consumer law and ACCC engagement. This includes advising on several landmark competition law cases dealing with mergers, cartel conduct, infrastructure access and the Australian Consumer Law.


David’s experience includes:

  • Merger clearances: Advising clients on complex Australian and multi-jurisdictional merger clearances and authorisations, including for Louis Dreyfus Company, Sumitomo, Mitsubishi, AGL, BlueScope, Google, BHP and others;
  • Cartel investigations: Defending clients in confidential ACCC investigations and Court proceedings in various industries, and acting for cartel immunity applicants;
  • Federal Court and Tribunal proceedings: Acting for clients in Federal Court and Australian Competition Tribunal proceedings relating to a range of competition and consumer law matters, including Servcorp, Valve Corporation, Whitehaven Coal, Cement Australia, AGL, Alinta, BHP and Network Ten;
  • Infrastructure access: Advising clients on major infrastructure and third party access matters, including Telstra on its demerger of infrastructure assets, and BHP on defending an application for third party access to its Pilbara iron ore railway lines;
  • Other competition law issues: Advising clients on a range of other Australian competition law issues, such as misuse of market power, exclusive dealing and resale price maintenance; and
  • Australian Consumer Law: Advising clients on all aspects of the Australian Consumer Law, including misleading and deceptive conduct, unfair contract terms, consumer guarantees and extended warranties, unsolicited consumer agreements, unconscionable conduct and product safety (including recalls).

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