Getting the right advice can be the difference between a successful outcome and uncertainty, delay, and financial and reputational exposure.
Our competition and regulatory team is regularly called upon to advise on the most complex and high-profile competition cases domestically and internationally. We offer market-leading expertise and industry knowledge across a wide range of sectors.
We act on the full range of competition law matters, including merger clearance, cartels and other investigations/litigation and infrastructure regulation. We also advise on dominance issues, joint ventures, distribution arrangements, marketing initiatives and industry regulation, working in close partnership with our clients to achieve their commercial objectives.
With broad powers and an evolving enforcement focus, the Australian Competition and Consumer Commission (ACCC) is a well-resourced and active regulator. Our team is continually engaging with the ACCC and has long-standing relationships with key ACCC decision-makers, allowing us to anticipate potential issues.
On multi-jurisdictional mergers and investigations, our team works with leading competition/antitrust practices at a range of international firms to provide seamless global service.
Good response times, industry knowledge and business acumen
Advising on and drafting access undertakings for approval by the Queensland Competition Authority in relation to declared below rail services in the central Queensland coal region, including drafting of submissions in response to the QCA. Also advised on application of existing access undertaking and on terms of agreements for the provision of access to below rail services.
Acting on the ACCC clearance of Staples Inc.’s US$6.3 billion global acquisition of Office Depot, Inc (trading in Australia as OfficeMax). Involved a detailed five-month review in which the ACCC defined a market in which the merged firm’s market share exceeded 80%. Unconditional, phase one clearance for this highly contentious transaction was obtained. The transaction did not proceed after Staples failed in a bid to overturn an adverse US Federal Trade Commission decision.