Competition, Consumer and Market Regulation

When stakes are high. Your situation may be difficult, your experience doesn’t have to be.

How we can help

Ranging from bet the farm litigation and high-stakes transactions, through to defending criminal cartel proceedings, we have a strong track record in navigating our clients through challenging, complex problems.

Uncertainty unmanaged gets very messy, very quickly. Nobody deals with it better than us. Staying close to your business, our team is across all angles, locking down the details. We plan. We pivot. We problem-solve.

By staying those few steps ahead, we help shift uncertainty to success.

The breadth and depth of our expertise can handle any problem. It’s why our team consistently tops the independent rankings.

Deals are done with people. We build and hold relationships. We read the regulator. We get what matters to your business.

Services

We take on challenges others won’t, to create opportunities they don’t see. There’s no too-hard basket in this office.

Cartels

We advise on cartel investigations, including detection, compliance, defence strategies and navigating leniency programs to mitigate legal and financial risks.

Competition litigation

We represent clients in ACCC and criminal enforcement proceedings as well as plaintiff and defendant private litigation.

Competition regulatory compliance

We advise on competition law compliance, including antitrust regulations, anti-competitive practices and the development of tailored compliance programmes.

Consumer protection

We advise on compliance with consumer protection laws, including addressing issues relating to advertising, product safety, warranties and deceptive conduct.

Immunity applications

We guide clients through immunity and leniency applications, including assisting with negotiations and submissions to secure protection from prosecution in cartel cases.

Infrastructure and energy regulation

We advise on regulatory issues, including access regimes, economic regulation and pricing decisions.

Market inquiries

We represent clients in market inquiries, providing strategic advice, preparing submissions and engaging with regulatory bodies to influence outcomes.

Merger clearance

We advise on obtaining ACCC merger clearance and authorisation relating to transactions.

Regulatory investigations and enforcement

We act for clients in regulatory investigations, including by the ACCC, ACMA and APRA.

Competition, Consumer and Market Regulation experience

Palram Australia

In relation to the ACCC’s prosecution for cartel conduct.

Thai Airways

In defending Federal Court proceedings by the ACCC regarding alleged price-fixing of air cargo surcharges.

An energy company

On the Power Transformers cartel proceedings brought by the ACCC.

K-Line

In the second ever criminal cartel prosecution in Australia.

Malaysia Airlines

Regarding the immunity applicant in a major criminal cartel prosecution.

NSW Ports

Successfully represented NSW Ports in ACCC proceedings alleging terms of privatisation were anticompetitive, winning at trial and on appeal.

A big four bank

Regarding a claim under the Competition and Consumer Act 2010 (Cth).

Qube Ports

Regarding a bulk stevedoring dispute at the Port of Newcastle. The private litigation was one of the first claims brought under amended misuse of market provisions in s46 of the Competition and Consumer Act (Cth). 

Coles Express

In ACCC litigation regarding information exchange practices (Informed Sources Litigation), achieving favourable settlement.

Malaysian Airlines

In Air Cargo Litigation, achieving favourable negotiated resolution of ACCC and private litigation.

A private firm

On a substantial s46 prosecution in relation to access to key port infrastructure.

Australian Banking Association

In an ACCC application for the authorisation of industry initiatives to prevent, detect, disrupt and respond to scams affecting consumers and small businesses.

Virgin Australia

On all aspects of regulatory compliance and competition law.

Australia’s five major banks

In achieving successful ACCC authorisation on an application for authorisation of an industry wide Aggregator Assurance Program.

Telstra

On a range of regulatory compliance matters, including for the National Broadband Network (NBN).

Commonwealth Bank of Australia

On significant reforms to the payment system, including amendments to the Payment System Regulation Act and the introduction of a new payments licensing regime.

Australian Retail Credit Association

On a framework to facilitate self-regulation for the exchange of credit reporting data.

Asahi Beverages

On the successful resolution of an ACCC review of consumer claims regarding the recycled packaging of Pepsi bottles.

Grays eCommerce

In ACCC proceedings alleging false, misleading, and deceptive conduct regarding the sale of thousands of motor vehicles on the Grays.com auction website.

Australian Banking Association

In applying to the ACCC for authorisation of industry initiatives to prevent, detect, disrupt, and respond to scams affecting consumers and small businesses.

Virgin Australia

On all consumer protection matters.

Audi and Lamborghini

On Australian motor vehicle regulation, competition law and consumer protection matters.

CSR

On consumer protection matters, including product liability and advertising.

Amcor

In the ACCC investigation, immunity application and cooperation regarding alleged cartel behaviour, followed by subsequent civil litigation and associated class action.

A pharmaceutical company

In relation to the immunity applicant in a major criminal cartel prosecution.

A range of companies

In relation to ACCC investigations and proceedings for alleged cartel conduct, including in relation to several applications for immunity.

J.P. Morgan

In relation to its immunity application relating to ANZ’s $2.5 billion capital raise in 2015.

A gas pipeline operators

Regarding major reforms to the gas pipeline regulatory framework and preparation for AER form of regulation inquiries.

Ausgrid

On a range of regulatory matters and projects, including preparing its regulatory proposal for the 2024-29 regulatory control period and participation in the development of Renewable Energy Zones.

Energy Networks Australia

Regarding a range of rule changes, policy and legislative reform issues in the energy sector.

Australian Energy Market Commission

On rule change and policy review matters, including ongoing reviews of the metering regulatory framework and retailer of last resort arrangements.

Telstra

On structuring its proposed $1.8 billion deal to share mobile network infrastructure in regional Australia with TPG, including the ACCC merger authorisation application and appeal to the ACT.

Origin Energy

On ongoing ACCC electricity and gas inquiries, as well as a range of competition law compliance matters.

Affinity Education Group

In its response to the ACCC’s inquiry into the supply and cost of childcare services in Australia.

Telstra

In relation to the ACCC’s public inquiry into the declaration of the domestic transmission capacity service, fixed line services and domestic mobile terminating access service.

QBE Insurance

On the ACCC’s monitoring of prices, costs and profits in relation to the Government’s cyclone reinsurance pool.

Microsoft

Regarding the ACCC Digital Platform Services Inquiry, the Digital Advertising Services Inquiry and the News Media & Digital Platforms Mandatory Bargaining Code and other matters.

Quantium

On the ACCC’s Digital Platforms Inquiry into data brokers.

Coca-Cola European Partners

In responding to the ACCC and Senate Select Committee inquiries on supermarket prices.

Afterpay

On the competition and regulatory aspects of its $39 billion acquisition by Square – the largest public M&A deal in Australia’s history.

Sigma Healthcare

On the regulatory implications of its ground-breaking merger with Chemist Warehouse Group to create a leading ASX-listed wholesaler, distributor and retail pharmacy franchisor.

OZ Minerals

On the competition and regulatory aspects of its proposed $9.5 billion acquisition by BHP.

Prosegur Australia

Successfully obtaining ACCC authorisation for its merger with Armaguard, merging the two largest and only national providers of cash-in-transit services in Australia.

Microsoft

Achieved unconditional ACCC clearance for the US$68.7 billion acquisition of Activision Blizzard (GCR Matter of the Year 2024).

Anheuser-Busch InBev NV/SA

Achieved unconditional ACCC clearance for the US$108 billion global merger with SABMiller – the largest beer merger in history and one of the largest corporate takeovers.

A large digital platform

In relation to an ACCC investigation involving a digital platform.

A major bank

On investigations by ASIC and the ACCC, and their corresponding agencies in New Zealand, into allegations of misconduct in the global foreign exchange market.

A health company

Regarding an ACCC investigation into alleged anti-competitive bundling arrangements.

Google

In successfully defending ACCC proceedings on alleged misleading and deceptive conduct for sponsored links that appeared on Google’s search result pages.

Expedia

On the ACCC’s investigation into the use of most favoured nation clauses with hotel operators listed on online markets.

eftpos

Regarding the ACCC’s investigation and proceedings against Mastercard, alleging misuse of market power in credit card services to substantially lessen competition in debit card services.

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