Competition / Antitrust Advice & Compliance

Competition & Regulatory

Competition & Regulatory » Competition / Antitrust Advice & Compliance

Amendments to the CCA such as the introduction of criminal cartel laws, and the significant penalties that can apply if arrangements are incorrectly structured, mean that major transactions as well as daily business operations must be conducted carefully to avoid ACCC intervention.

Corrs provides responsive and commercial advice in relation to structuring major transactions and joint ventures to identify issues early and propose options aligned to your business objectives.

Corrs also makes sure that your ongoing operations stay consistent with obligations under the CCA, including supply agreements, channel conflict processes and compliance initiatives.

Corrs’ clients include First Data, Foster’s, BP, Amcor, Johnson & Johnson, Melbourne Airport, Vodafone Hutchison Australia, National Broadband Network (NBN Co), Queensland Treasury, Electricity Reform, Dell, United Group, Queensland Rail and Clorox.

Our Experts

Daniel Marquet.jpg

Daniel Marquet

Partner Location Melbourne Profile
Eddie Scuderi.jpg

Eddie Scuderi

Partner Location Brisbane Profile
REYNOLDS Ian website grey SIZED TH

Ian Reynolds

Consultant Location Sydney Profile
CAMERON James website grey SIZED TH

James Cameron

Special Counsel Location Brisbane Profile
McCOWAN Mark Portrait 2018

Mark McCowan

Partner Location Melbourne Sydney Profile
Richard Flitcroft.jpg

Richard Flitcroft

Partner Location Sydney Profile

Our Experience

Vodafone’s joint ventures

Corrs Chambers Westgarth advised Vodafone on network infrastructure contracts including the procurement and rollout of its 2G and 3G mobile network; Vodafone’s mobile network-sharing alliance with Optus; and outsourcing network operations and maintenance to Nokia.

At the time, the Optus joint venture was the single largest telecoms deal in Australia.  The original 2004 network-sharing agreement, on which Corrs advised, has allowed Optus and Vodafone to share 3G network sites and radio infrastructure across Australia.  

Our competition law team worked closely with Vodafone to obtain the appropriate competition and regulatory approvals for the re-negotiated terms of the new joint venture. The work showcases our expertise handling high-profile mandates which attract public and media attention.

More

Our Thinking

Germany’s Facebook data ruling: What does it mean for Australia?

A recent decision by Germany’s competition regulator, the Bundeskartellamt, has prohibited certain types of collection and use of user data by Facebook. What are the potential implications for Australia?

More

ACCC gets a bigger stick: maximum penalty for breaching the Australian Consumer Law substantially increases

Parliament has recently passed legislation that substantially increases the maximum pecuniary penalty that may be ordered under the Australian Consumer Law.

More

Power and purpose: Protecting a competitive position after ACCC v Pfizer (II)

Assessing market power and competitive purpose approaching a ‘patent cliff’ – what are the risks involved in protecting competitive advantage?

More

“Gunjumping” and voluntary merger control: ACCC challenges pre-completion cartel conduct

Two recent WA Court of Appeal decisions clarify the scope of an adjudicator’s jurisdiction, issues of set-off, and the ability to sever partially invalid determinations in the context of Construction Contracts Act 2004 (WA) adjudications.

More

A trust-busting wind is blowing

Australian regulators and policy makers must be wary of the growing pressure for more interventionist competition policies. Failure to maintain a dispassionate, economically rigorous approach could have dire consequences for the economy.

More

Use it or lose it – Government to repeal Competition Notice regime

The ACCC will be more reliant on the courts to enforce competition law in the telecommunications sector.

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

Unwrapping a Christmas hamper of unfair contract terms: Lessons on transparency from ACCC action against Chrisco

Businesses must be aware that the fairness of a contract term can be affected by simple issues like formatting and visual presentation.

More

Three tips to prevent the Australian Consumer Law rendering your supply contract terms unenforceable

Check your compliance today!

More

The Cartels & Leniency Review 2015

Corrs has contributed to the annual edition of “The Cartels and Leniency Review”, which covers established law and policy in 26 jurisdictions around the world and also discusses emerging and unsettled issues.

More Download

Competition provisions in international trade agreements - The cart before the horse?

Trade negotiations with developing nations must focus on realistic goals.

More

Carbon Price claims

How can businesses who make claims about the impact of the carbon price, avoid making misleading or false claims about the price of goods or services in breach of the Australian Consumer Law?

More

Competition changes on the horizon

In the October sittings, Parliament will likely pass two pieces of legislation that will have varying impacts on the competition landscape in Australia.

More

Our Experience

Vodafone’s joint ventures

Corrs Chambers Westgarth advised Vodafone on network infrastructure contracts including the procurement and rollout of its 2G and 3G mobile network; Vodafone’s mobile network-sharing alliance with Optus; and outsourcing network operations and maintenance to Nokia.

At the time, the Optus joint venture was the single largest telecoms deal in Australia.  The original 2004 network-sharing agreement, on which Corrs advised, has allowed Optus and Vodafone to share 3G network sites and radio infrastructure across Australia.  

Our competition law team worked closely with Vodafone to obtain the appropriate competition and regulatory approvals for the re-negotiated terms of the new joint venture. The work showcases our expertise handling high-profile mandates which attract public and media attention.

Our Thinking

Germany’s Facebook data ruling: What does it mean for Australia?

A recent decision by Germany’s competition regulator, the Bundeskartellamt, has prohibited certain types of collection and use of user data by Facebook. What are the potential implications for Australia?

ACCC gets a bigger stick: maximum penalty for breaching the Australian Consumer Law substantially increases

Parliament has recently passed legislation that substantially increases the maximum pecuniary penalty that may be ordered under the Australian Consumer Law.

Power and purpose: Protecting a competitive position after ACCC v Pfizer (II)

Assessing market power and competitive purpose approaching a ‘patent cliff’ – what are the risks involved in protecting competitive advantage?

“Gunjumping” and voluntary merger control: ACCC challenges pre-completion cartel conduct

Two recent WA Court of Appeal decisions clarify the scope of an adjudicator’s jurisdiction, issues of set-off, and the ability to sever partially invalid determinations in the context of Construction Contracts Act 2004 (WA) adjudications.

A trust-busting wind is blowing

Australian regulators and policy makers must be wary of the growing pressure for more interventionist competition policies. Failure to maintain a dispassionate, economically rigorous approach could have dire consequences for the economy.

Use it or lose it – Government to repeal Competition Notice regime

The ACCC will be more reliant on the courts to enforce competition law in the telecommunications sector.

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.

Unwrapping a Christmas hamper of unfair contract terms: Lessons on transparency from ACCC action against Chrisco

Businesses must be aware that the fairness of a contract term can be affected by simple issues like formatting and visual presentation.

Three tips to prevent the Australian Consumer Law rendering your supply contract terms unenforceable

Check your compliance today!

The Cartels & Leniency Review 2015

Corrs has contributed to the annual edition of “The Cartels and Leniency Review”, which covers established law and policy in 26 jurisdictions around the world and also discusses emerging and unsettled issues.

Competition provisions in international trade agreements - The cart before the horse?

Trade negotiations with developing nations must focus on realistic goals.

Carbon Price claims

How can businesses who make claims about the impact of the carbon price, avoid making misleading or false claims about the price of goods or services in breach of the Australian Consumer Law?

Competition changes on the horizon

In the October sittings, Parliament will likely pass two pieces of legislation that will have varying impacts on the competition landscape in Australia.

Our Experts

Daniel Marquet.jpg

Daniel Marquet

Partner Melbourne +61 3 9672 3172
Eddie Scuderi.jpg

Eddie Scuderi

Partner Brisbane +61 7 3228 9319
REYNOLDS Ian website grey SIZED TH

Ian Reynolds

Consultant Sydney +61 2 9210 6826
CAMERON James website grey SIZED TH

James Cameron

Special Counsel Brisbane +61 7 3228 9752
McCOWAN Mark Portrait 2018

Mark McCowan

Partner Melbourne +61 3 9672 3335
Richard Flitcroft.jpg

Richard Flitcroft

Partner Sydney +61 2 9210 6435