Competition and Consumer Law.
Whether it’s securing Australian Competition and Consumer Commission (ACCC) approval for complex transactions, navigating ACCC investigations and inquiries, or day-to-day advice on competition and consumer law risks, we work with clients to secure the best regulatory results and achieve their growth ambitions.
Australia’s competition and consumer laws are complex and dynamic, with a well-resourced and proactive regulator in the ACCC and constant legislative reform. Our team has first-class experience across the full range of competition and consumer law matters, including domestic and cross-border merger clearance, ACCC authorisations and notifications, ACCC investigations and enforcement proceedings, and compliance.
We work across sectors including digital platforms, media, health, FMCG and grocery, packaging, industrial manufacturing, fuels, wholesale trade, government procurement and primary production.
Experience.
*Some of the above representations were undertaken while at previous firms
BP
Acted in relation to BP’s proposed acquisition of Woolworths’ 527-site network of service stations and a network of development sites.
Comcast Corporation
Acted in respect of its proposed US$65 billion acquisition of Twenty-First Century Fox, Inc.
BP
Successfully obtained ACCC authorisation to enter into a convenience, loyalty and fuel discount alliance with Woolworths.
REA Group
Successfully opposed an application by Property Media Group (on behalf of real estate agents) for ACCC authorisation to collectively bargain with and boycott REA.
MWRRG
Successfully obtained ACCC authorisation for joint procurement, contract negotiation and ongoing contract management for waste management services across Melbourne local councils in south-eastern.
Medibank
Advised on a range of competition and regulatory issues, including consolidation in the private hospital sector and collective bargaining among hospital groups.
Merger clearance
With sweeping merger clearance reforms on the horizon, businesses need to prepare for heightened levels of transaction scrutiny. We specialise in merger clearance risks and processes (including preliminary risk assessments in multi-jurisdictional and competitive bid scenarios) and applications for ACCC approval (including in the context of FIRB requirements), on both the buy- and sell-side.
Competition and consumer law advisory
We assess joint ventures and other competitor collaborations, as well as supplier/customer arrangements, for competition law risks including cartel conduct, exclusive dealing, misuse of market power and resale price maintenance.
On the consumer law side, we review and advise on proposed sales practices, consumer contract terms, advertising materials, product labelling and warranty terms for compliance with the Australian Consumer Law.
Authorisations
We prepare applications and submissions for ACCC authorisations, liaise with the ACCC, and assist business with post-authorisation compliance. Typical arrangements requiring ACCC authorisation include collective bargaining, exclusive dealing (e.g., third-line forcing) and resale price maintenance.
ACCC investigations
An ACCC investigation can be stressful and time-consuming. We stand alongside our clients, navigate the process and offer a pragmatic, results-focused approach – from initial response to enforcement proceedings in the most challenging cases.
Policy and advocacy
We participate in the highest-profile ACCC inquiries and industry consultations, providing policy and advocacy assistance to interested parties across sectors.
Competition and Consumer Law Team.
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