Competition & Regulatory

Competition & Regulatory

Competition & Regulatory

Competition and consumer protection laws and their enforcement by the Australian Competition and Consumer Commission (ACCC) impact many major business activities. Mergers and acquisitions, joint ventures, infrastructure investments, supply and distribution arrangements and marketing initiatives may all raise competition and industry regulation issues.

Multinational businesses also need to be aware of the important differences between Australian competition and ‘antitrust’ laws and those in other jurisdictions.

Getting the right advice can make the difference between a successful deal and a considerable liability, cost or delay. We work with our clients to achieve their business goals, ensuring we minimise delays, manage associated regulatory risks, and, of course, get the deal through. We also bring our strong relationships and real insight into ACCC practices and procedures to the table.

Our Experts

LOCKHARTColinwebsitegreySIZEDTH.jpg

Colin Lockhart

Counsel Location Perth Profile
MARTIN Colleen website grey SIZED TH

Colleen Martin

Special Counsel Location Melbourne Profile
Daniel Marquet.jpg

Daniel Marquet

Partner Location Melbourne Profile
STARKOFF David website grey SIZED TH

David Starkoff

Special Counsel Location Sydney Profile
YATES Davids website grey SIZED TH

David Yates

Partner Location Perth Profile
Eddie Scuderi.jpg

Eddie Scuderi

Partner Location Brisbane Profile
Mark McCowan.jpg

Mark McCowan

Partner Location Melbourne Profile
Richard Flitcroft.jpg

Richard Flitcroft

Partner Location Sydney Profile
Thomas Jones.jpg

Thomas Jones

Partner Location Sydney Profile

Our Thinking

What does Glencore’s Tribunal application mean for infrastructure investors?

Perhaps hoping to emulate Tigerair’s 2014 success in obtaining greater leverage in commercial negotiations, Glencore lodged an application with the National Competition Council (NCC) for declaration of channel shipping services at the Port of Newcast

More

ACCC FAD sees dramatic price cuts for declared services

On 21 April 2016, the ACCC’s released its FAD setting out price and non-price terms and conditions for the DTCS. The new FAD sets pricing significantly lower than the previous FAD, with some reductions close to 80%.

More

ASIC’s Christmas Came Early – More Funding, More Powers and Industry Pays

20 April 2016 was a big day for ASIC.

More

Businesses Beware – are you caught by the Australian Consumer Law? Implications of the ACCC v Valve decision

Online and international businesses should consider whether they are subject to the ACL and amend their customer agreements to ensure compliance.

More

Merchants beware: ACCC given powers to stop excessive surcharging

With the recent amendment to the Competition and Consumer Protection Act 2010, the ACCC has been given the power to take action where merchants charge customers excessive surcharges for paying for goods and services with credit or debit cards.

More

Self incrimination, regulators and commissions – do I really have to answer that question? Part 2

This is our second article in this series. In this article we consider who can receive or make use of the transcript of a compulsory examination – including third parties – and the protections available to a person pleading a defence in court proceed

More

Self incrimination, regulators and commissions – do I really have to answer that question?

This is the first in a two-part series covering some of the issues arising from compulsory examinations, the privileges that may be available to a person being examined, and how the answers can be used.

More

Small business, consumer protection, agriculture and excessive credit card surcharges: the ACCC’s enforcement priorities for 2016

On 23 February 2016, Rod Sims launched the 2016 ACCC Compliance and Enforcement Policy. The ACCC has identified new enforcement priorities that include enforcement actions against large businesses, consumer guarantees and agriculture.

More

Competition Review: January 2016

This issue includes the ACCC action against Woolworths for unconscionable conduct towards suppliers, recent penalties for false or misleading representations, and undertakings from BP, Caltex, Woolworths, 7-Eleven and Informed Sources.

More

ACCC and competition between ports

The ACCC has clearly signalled its preference that State Governments protect opportunities for competition between spatially proximate port facilities in the context of privatisation. This article explores some of the difficulties experienced with t

More

Competition Review: December 2015

This issue includes the Federal Court decision on Jetstar and Virgin Australia ‘drip pricing’, ACCC’s concerns with the Iron Mountain proposed acquisition of Recall Holdings, as well as updates on the ihail and Sea Swift authorisations.

More

Federal government releases its response to the Harper Competition Policy Review

The government’s recent response to the Harper Review is generally supportive, and recognises the potential for significant gains arising from improvements to our national competition law and policy.

More

Telstra takes on the ACCC’s access pricing determination

With $120 million in annual revenue at stake, Telstra is fighting a forced reduction to its wholesale prices.

More

Competition Review: November 2015

This issue includes the ACCC’s concerns with the Foxtel / Ten proposed acquisitions, as well as Brookfield’s proposed acquisition of Asciano.

More

Our Thinking

What does Glencore’s Tribunal application mean for infrastructure investors?

Perhaps hoping to emulate Tigerair’s 2014 success in obtaining greater leverage in commercial negotiations, Glencore lodged an application with the National Competition Council (NCC) for declaration of channel shipping services at the Port of Newcast

ACCC FAD sees dramatic price cuts for declared services

On 21 April 2016, the ACCC’s released its FAD setting out price and non-price terms and conditions for the DTCS. The new FAD sets pricing significantly lower than the previous FAD, with some reductions close to 80%.

ASIC’s Christmas Came Early – More Funding, More Powers and Industry Pays

20 April 2016 was a big day for ASIC.

Businesses Beware – are you caught by the Australian Consumer Law? Implications of the ACCC v Valve decision

Online and international businesses should consider whether they are subject to the ACL and amend their customer agreements to ensure compliance.

Merchants beware: ACCC given powers to stop excessive surcharging

With the recent amendment to the Competition and Consumer Protection Act 2010, the ACCC has been given the power to take action where merchants charge customers excessive surcharges for paying for goods and services with credit or debit cards.

Self incrimination, regulators and commissions – do I really have to answer that question? Part 2

This is our second article in this series. In this article we consider who can receive or make use of the transcript of a compulsory examination – including third parties – and the protections available to a person pleading a defence in court proceed

Self incrimination, regulators and commissions – do I really have to answer that question?

This is the first in a two-part series covering some of the issues arising from compulsory examinations, the privileges that may be available to a person being examined, and how the answers can be used.

Small business, consumer protection, agriculture and excessive credit card surcharges: the ACCC’s enforcement priorities for 2016

On 23 February 2016, Rod Sims launched the 2016 ACCC Compliance and Enforcement Policy. The ACCC has identified new enforcement priorities that include enforcement actions against large businesses, consumer guarantees and agriculture.

Competition Review: January 2016

This issue includes the ACCC action against Woolworths for unconscionable conduct towards suppliers, recent penalties for false or misleading representations, and undertakings from BP, Caltex, Woolworths, 7-Eleven and Informed Sources.

ACCC and competition between ports

The ACCC has clearly signalled its preference that State Governments protect opportunities for competition between spatially proximate port facilities in the context of privatisation. This article explores some of the difficulties experienced with t

Competition Review: December 2015

This issue includes the Federal Court decision on Jetstar and Virgin Australia ‘drip pricing’, ACCC’s concerns with the Iron Mountain proposed acquisition of Recall Holdings, as well as updates on the ihail and Sea Swift authorisations.

Federal government releases its response to the Harper Competition Policy Review

The government’s recent response to the Harper Review is generally supportive, and recognises the potential for significant gains arising from improvements to our national competition law and policy.

Telstra takes on the ACCC’s access pricing determination

With $120 million in annual revenue at stake, Telstra is fighting a forced reduction to its wholesale prices.

Competition Review: November 2015

This issue includes the ACCC’s concerns with the Foxtel / Ten proposed acquisitions, as well as Brookfield’s proposed acquisition of Asciano.

Our Experts

LOCKHARTColinwebsitegreySIZEDTH.jpg

Colin Lockhart

Counsel Perth +61 8 9460 1713
MARTIN Colleen website grey SIZED TH

Colleen Martin

Special Counsel Melbourne +61 3 9672 3323
Daniel Marquet.jpg

Daniel Marquet

Partner Melbourne +61 3 9672 3172
STARKOFF David website grey SIZED TH

David Starkoff

Special Counsel Sydney +61 2 9210 6723
YATES Davids website grey SIZED TH

David Yates

Partner Perth +61 8 9460 1806
Eddie Scuderi.jpg

Eddie Scuderi

Partner Brisbane +61 7 3228 9319
Mark McCowan.jpg

Mark McCowan

Partner Melbourne +61 3 9672 3335
Richard Flitcroft.jpg

Richard Flitcroft

Partner Sydney +61 2 9210 6435
Thomas Jones.jpg

Thomas Jones

Partner Sydney +61 2 9210 6750