We take a look at the key aspects of the guidelines and provide practical compliance tips to avoid running afoul (even unintentionally) of the misuse of market power and concerted practices prohibitions.
Competition and Regulation
Gilbert + Tobin’s Competition and Regulation Group is the pre-eminent competition practice in Australia. We consistently win complex and cutting-edge work because of our track record of achieving results on high-stakes transactions and litigation for our clients.
Competition law presents a real challenge to businesses. With an Australian regime that is particularly tough, and with international laws constantly in flux, competition is an area that can expose companies to risk, particularly when it comes to cooperative conduct between competitors and potential competitors. Businesses operating in multiple jurisdictions need to stay abreast of the competition legislation not only in their home countries, but also in the countries where their affiliates are based.
With eight partners, four special counsel and a large team of lawyers, Gilbert + Tobin’s market-leading competition practice is one of the largest in Australia, and we’re the go-to firm for international companies with interests here. With a sophisticated understanding of the interplay between law, economics and our clients’ commercial strategies, we can provide practical and strategic advice to assist our clients with their strategic objectives in compliance with competition laws.
Our team combines the best of technical expertise with extensive trade practices experience. Our multidisciplinary approach integrates economic skills, legal analysis and specialist industry knowledge to deliver commercially focused legal solutions.
- Merger clearances, including negotiations with Australia’s competition regulator, the Australian Competition and Consumer Commission (ACCC) and the Commerce Commission in New Zealand (NZCC).
- ACCC investigations, enforcement proceedings and litigation, including representing cartel leniency applicants in Australia and representing parties in follow-on civil damages proceedings, including class actions.
- Providing ongoing strategic advice to companies on a range of competition issues affecting their businesses in Australia.
- Advising organisations and individuals on criminal investigations, now that criminal sanctions apply for cartel conduct.
- Acting as Asia-Pacific coordinating counsel and/or Australian local counsel in global merger and cartel matters.
- Gilbert + Tobin's Competition + Regulation team is ranked Tier 1 by Legal 500 2018.
- Gilbert + Tobin's Competition + Regulation team is ranked Band 1 by Chambers Asia-Pacific 2018.
- Gina Cass-Gottlieb was named Competition, Trade and Regulation Partner of the Year at the 2018 Lawyers Weekly Partner of the Year Awards.
- Awarded 2018 Australian Law Firm of the Year - Competition Law - by Best Lawyers.
- Gilbert + Tobin's Competition + Regulation team is recognised as 'Elite' by GCR100 (18th Edition).
- Luke Woodward was named Competition, Trade and Regulation Partner of the Year at the 2016 Lawyers Weekly Partner of the Year Awards.