Competition and Regulation
"Gilbert + Tobin is at the 'top of the tree' in competition law, and possesses 'very deep competition experience across a wide range of industries, and a lot of depth in the team.'" APL500 2010
Gilbert + Tobin is recognised for its robust advice and ability to deliver favourable outcomes for clients in competition law (antitrust) and regulatory issues. We regularly advise on competition and regulatory aspects of some of the most significant commercial transactions in the Asia Pacific region.
Understanding the subtleties of a regulatory regime and our client’s markets position enables Gilbert + Tobin to provide practical and strategic legal advice that minimises risk. Our Competition and Regulation team includes several of Australia’s most respected practitioners in the areas of commercial competition advice, enforcement and economic regulation. Many of our people have worked within industry and key regulatory bodies, including the Australian Competition and Consumer Commission.
The Gilbert + Tobin Competition and Regulation team combines high-level technical expertise and extensive trade practices experience. Our multidisciplinary approach integrates sound economic skills, legal analysis and specialist industry knowledge. We deliver commercially focused legal solutions and have a proven track record of achieving strong commercial results for our clients.
Our services
- Securing ACCC clearance — we offer considerable experience in helping clients secure ACCC clearance for mergers, acquisitions and joint ventures. Our experience covers transactions involving international clients and global transactions and we have acted for a range of parties in opposing mergers or seeking amendments to merger proposals on competition law grounds.
- Competition and Consumer Act — we help clients ensure commercial transactions are structured consistently with the Competition and Consumer Act (formerly the Trade Practices Act).
- ACCC enforcement investigations and litigation — our competition enforcement lawyers are highly skilled in representing clients during ACCC investigations and enforcement actions, including allegations such as anticompetitive conduct including cartel conduct, collective boycotts, and misuse of market power. We also have extensive experience in advising on consumer law issues such as misleading and deceptive conduct, unconscionable conduct, and breaches of franchising and industry codes.
- Essential facilities access and economic regulation — we offer extensive experience in general access regulation under Part IIIA of the Competition and Consumer Act as well as industry-specific regimes such as the gas and pipeline and electricity access regimes, and energy market regulations.
Industry focus
Our broad competition and regulatory expertise is enhanced by particular focus on several dynamic industry sectors:
- Financial services — we advise clients across the financial services sector from traditional and non-traditional deposit taking institutions to life and general insurance providers and industry associations. Our experience covers all aspects of financial services regulation including prudential regulation, regulation of payments systems, regulation of exempt futures markets and proposed new legislation/regulation.
- Broadcasting — we advise clients on all aspects of Australian broadcasting regulation. Recent matters include subjects as diverse as media ownership and control rules, compliance with Standards, Codes and conditions of license, participation in Australian Broadcasting Authority auctions and issues arising in the context of ABA investigations.
- Energy and utilities — we provide advice on all aspects of energy and utility regulation for clients including energy retailers, electricity and gas transmission businesses, gas producers, generation businesses, regulators and market managers.
- Telecommunications — we assist clients in competition and regulatory issues across the full spectrum of telecommunications, including licensing, spectrum auctions and management, facilities access, technical standards, codes of conduct, changes to legislation, consumer issues and regulatory investigations by the ACCC and the Australian Communications Authority.
- Water projects and regulation — advising the private sector, government and regulators in relation to water and waste water infrastructure projects and regulatory reform in water sector.
- Climate change – we provide strategic legal and policy advice on climate change regulation and policy.
Integrated legal services
Our Competition and Regulation group works hand-in-hand with other Gilbert + Tobin teams to provide comprehensive legal advice for our clients. In particular, we work closely with Corporate Advisory to obtain ACCC clearance for mergers, acquisitions and joint ventures. We have a strong track record in resolving government competition concerns while securing favourable outcomes for our clients. Notably, Gilbert + Tobin recently acted in the first successful judicial challenge in a case where the ACCC opposed a merger (AGL v ACCC).
Why are some people defined by convention? Why do others ‘think outside the box’?
At Gilbert + Tobin, we look at things differently. To find innovative solutions to our clients’ business challenges, we consider both what has gone before and what is possible. We’ve built our reputation on winning landmark cases, many of which began without precedent and have since set the standard for things to come.
No Precedent – the place to explore our latest thinking.
Click here to watch a video about the cartel provisions in the Competition and Consumer Act.
In collaboration with the leading competition law firms in the Asia-Pacific, Gilbert + Tobin launched (in January 2009) a unique antitrust or competition law online resource.
AntitrustAsia.com is a ‘one-stop shop’ for locating current and reliable Asia Pacific competition law information.
Market overviews, analysis of the enforcement climate and articles containing recent regulatory decisions are provided by leading competition law practitioners in over 20 Asia Pacific jurisdictions.
Visit AntitrustAsia.com or email contactus@antitrustasia.com for further information.
Competition and Regulation Publications
Partners and Special Counsel
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Elizabeth Avery Gina Cass-Gottlieb Catherine Dermody | Moya Dodd Andrew Floro Paula Gilardoni | Simon Snow Peter Waters Luke Woodward |
Other Team Members
Contact
Luke Woodward
lwoodward@gtlaw.com.au
+61 2 9263 4014