Competition and consumer law

Managing competition, consumer protection, and regulatory risk is a critical aspect of doing business in Australia. The Australian Competition and Consumer Commission and other regulatory authorities are highly active, and businesses must be prepared for detailed examination of their transactions and conduct.

Our team provides expert advice and representation across all competition/antitrust, consumer and regulatory matters. We advise clients on Australian and multi-jurisdictional merger control matters, as well as competition and consumer investigations and enforcement proceedings.

Merger control

Our team advises both buyers and sellers on Australian and global merger control issues, including filings under Australia's mandatory and suspensory merger regime. Our expertise and services include:

• advising buyers and sellers on Australian merger control risks and strategies
• managing competition risks, including information sharing, during due diligence and between signing and completion
• preparing Australian merger control filings and engaging with the Australian Competition and Consumer Commission during the notification process
• conducting multi-jurisdictional merger control analysis and managing global filing processes with local counsel

Competition / anti-trust

We work closely with companies to manage competition law risks in supply arrangements, joint ventures and collaboration arrangements. Our expertise and services include:

• managing competition/anti-trust risks through conducting compliance training, risk analysis and compliance audits
• advising on competition/anti-trust risks in commercial transactions, including distribution arrangements, joint ventures, business sales and collaboration agreements
• advising on cartel risks (including pricing fixing, output restriction, market sharing and bid rigging)
• advising on resale price maintenance
• assisting clients in managing risks under the substantial lessening of competition prohibitions, including prohibitions on the misuse of market power, exclusive dealing, and anti-competitive agreements and concerted practices
• pursuing or defending litigation involving alleged breaches of the Competition and Consumer Act, including cartel conduct, misuse of market power and contracts, arrangements or understandings that substantially lessen competition

Australian Consumer Law

The Australian Consumer Law has broad application across the Australian economy, protecting both consumers and small businesses. We provide practical advice and assist our clients in managing their consumer law risks. Our expertise and services include:

• reviewing marketing and promotional materials (including advertising and digital content) for consumer law compliance
• reviewing terms and conditions, distribution arrangements and standard form supply contracts for compliance with rules regarding consumer guarantees, warranties against defect and unfair contract term regimes
• advising on product safety and recall obligations
• advising on unconscionable conduct issues and issues in respect of unfair trading practices
• pursuing or defending litigation involving alleged breaches of the Australian Consumer Law, including claims for misleading and deceptive conduct, unconscionable conduct and unfair contract terms

Regulatory investigations

We represent clients in formal and informal investigations and inquiries, as well as litigated proceedings before key regulatory authorities. Our expertise includes assisting and representing individuals and businesses in investigations and enforcement proceedings involving:

• Australian Competition and Consumer Commission (ACCC)
• Australian Energy Regulator
• Australian Securities and Investments Commission (ASIC)
• State/Territory energy regulators and fair-trading authorities

Regulated assets and access

We advise infrastructure owners and access seekers on industry specific regulatory regimes and Part IIIA access regimes. Our expertise and services include advising on:

• access and coverage determinations and disputes
• licensing / approval regimes
• regulated pricing matters
• regulatory investigations and proceedings regarding non-compliance with regulatory requirements