We help businesses understand and comply with Australian competition laws by providing compliance program development, training and risk assessment. We aim to prevent breaches, protect our clients from regulatory action and foster a culture of fair competition.

Overview

Competition compliance is a critical concern for businesses operating in Australia. The Competition and Consumer Act 2010 sets out a comprehensive framework of prohibitions and obligations, including bans on cartel conduct, misuse of market power and anti-competitive agreements. The Australian Competition and Consumer Commission (ACCC) actively enforces these laws, with the power to impose significant penalties for breaches.

Effective compliance goes beyond mere adherence to legal requirements. It involves integrating competition law considerations into business strategy and day-to-day operations. This is particularly important given the ACCC’s focus on individual accountability and the potential for criminal sanctions in cartel cases.

Our approach

We take a practical, risk-based approach to competition compliance. Our first step is typically a thorough assessment of our client’s business practices and market position to identify areas of potential risk. Based on this analysis, we develop tailored compliance programs that address specific risk areas and integrate seamlessly with existing business processes.

Our compliance services include policy development, staff training and audit procedures. We focus on creating clear, accessible guidance that empowers employees to recognise and avoid competition law risks. We also provide ongoing support to help our clients stay abreast of legal developments and respond to new compliance challenges as they arise.

Representative experience

• Developed a comprehensive competition compliance program for a national retailer, including policy drafting, staff training and implementation of a whistle-blower system. This proactive approach helped prevent potential breaches and demonstrated a strong compliance culture to regulators.
• Conducted a competition law risk assessment for a pharmaceutical company, identifying key areas of concern in distribution agreements and pricing practices. Our recommendations led to significant improvements in compliance procedures.
• Designed and delivered customised competition law training for the sales team of a major manufacturer. The interactive sessions increased awareness of competition risks and improved compliance in day-to-day business interactions.
• Assisted a trade association in reviewing its information sharing practices and meeting procedures to ensure compliance with competition laws. Our guidance helped the association continue its valuable industry work whilst minimising legal risks.
• Advised a technology startup on competition law considerations in its rapid expansion plans. Our practical guidance on dealing with suppliers and competitors supported the company’s growth strategy whilst maintaining legal compliance.
• Conducted a mock dawn raid for a resources company, testing and improving their response procedures for potential ACCC investigations. This exercise significantly enhanced the company’s preparedness for regulatory scrutiny.