We represent clients in competition law disputes, including cases involving alleged cartel conduct, misuse of market power and anti-competitive agreements. Our goal is to protect our clients’ interests whilst navigating the complex landscape of Australian competition law.

Overview

Competition litigation in Australia often involves high-stakes disputes centred on the Competition and Consumer Act 2010. These cases can range from actions brought by the Australian Competition and Consumer Commission (ACCC) to private enforcement by competitors or customers. Key areas of focus include cartel conduct, misuse of market power, exclusive dealing and mergers that substantially lessen competition.

The consequences of competition law breaches can be severe, including substantial civil penalties, criminal sanctions for cartel conduct and significant reputational damage. Moreover, the increasing use of class actions in competition law matters adds another layer of complexity and potential liability for businesses.

Our approach

We adopt a strategic and comprehensive approach to competition litigation. Our initial focus is on thorough case assessment, including detailed analysis of market dynamics, economic evidence and the specific conduct at issue. We work closely with our clients to understand their business context and develop litigation strategies that align with their overall commercial objectives.

In representing our clients, we leverage our deep understanding of competition law principles and court procedures. We are experienced in managing the complexities of competition litigation, including coordinating expert economic evidence, handling voluminous document discovery and navigating the intersection of civil and criminal proceedings in cartel matters.

Representative experience

• Successfully defended a manufacturing company against ACCC allegations of cartel conduct. Our strategic use of economic evidence and careful examination of witnesses resulted in all charges being dismissed.
• Represented a telecommunications provider in Federal Court proceedings regarding alleged misuse of market power. Our effective case presentation led to a favourable settlement without admission of liability.
• Acted for a retail chain in a private action brought by a competitor alleging anti-competitive conduct. Our robust defence strategy, including detailed market analysis, resulted in the case being withdrawn.
• Assisted a technology company in responding to ACCC concerns about a proposed merger. Our comprehensive submissions on market definition and competitive effects helped secure clearance for the transaction.
• Defended a construction materials supplier in a class action alleging price fixing. Our effective case management and strategic approach to settlement negotiations resulted in a resolution that minimised financial impact on our client.
• Represented a professional association in ACCC proceedings regarding alleged anti-competitive rules. Our submissions on public benefit considerations led to a court-approved authorisation of the contested practices.