Competition & Consumer

We act for companies and individuals in regulatory investigations, complaints and enforcement action. We advise on regulatory engagement strategies, compliance with statutory notices and other requests, representation at examinations and interviews, and defending enforcement proceedings. We also represent key regulators including the Australian Competition and Consumer Commission (ACCC) in enforcement investigations and proceedings.

We assist clients with immunity and leniency applications, including coordinating cross-border matters. We also provide separate and independent representations for individuals in immunity and leniency matters.

We advise on merger clearance requirements and represent clients in applications for merger clearance or authorisation. We also advise on the most appropriate strategy in circumstances where a merger clearance or authorisation may not be required, but some form of regulator engagement is prudent. We represent interested parties with submissions in relation to mergers, compliance with statutory notices and other requests and intervention in merger review proceedings. We provide guidance on protocols for ‘clean team’ arrangements and information-sharing during the bidding process, as well as anti gun-jumping measures ahead of completion.

We advise on all aspects of competition law, including cartel conduct, exclusive dealing, misuse of market power, anti-competitive agreements and understandings, and joint ventures and collaborative activities. This work includes advising industry associations on whether they can facilitate cooperation between competitors in a way that complies with competition law requirements.

We advise on all aspects of consumer protection, including misleading or deceptive conduct, unconscionable conduct, consumer guarantees, unfair contract terms, advertising, packaging and labelling compliance, and product safety and recalls.

We represent clients in private actions for contravention of competition and consumer laws, including misleading or deceptive conduct, misuse of market power, anti-competitive conduct, resale price maintenance, and breach of consumer guarantees.

We assist clients with all aspects of franchising, including compliance with the Franchising Code of Conduct, dealings between franchisees and franchisors, and complex and large-scale claims in the franchising context.

We have specialist expertise in access and economic regulation, including the National Access Regime (Part IIIA) in Australia, telecommunications regulation in Australia, New Zealand and internationally, energy regulation in Australia and New Zealand, and regulatory design. We act for infrastructure owners and access seekers in applications for declaration and revocation, access undertakings, price reviews, and access and price determinations.