Competition, Trade & Regulatory

Competition, Trade & Regulatory - Australia

The law firm of choice for complex competition, trade and regulatory issues

We are fascinated by our clients’ businesses and have a passion to help them.

Leading corporates choose our award winning team of Australian competition lawyers for their successful record in resolving complex competition issues - from merger control and other regulatory investigations to enforcement actions and private litigation.

Across all competition law matters, clients benefit from our strong relationships with the Australian Competition and Consumer Commission (ACCC) and other State and Federal regulatory bodies. We actively participate in industry associations and other influential forums that are shaping the Australian competition environment to stay ahead of changes in market practice.

Our expertise

Our industry-leading expertise in competition, trade and regulatory law covers:

  • Domestic and multi-jurisdictional mergers
  • Domestic and multi-jurisdictional cartel investigations, prosecutions and follow-on actions for damages
  • Brand protection and consumer protection
  • Enforcement actions and private litigation
  • Misuse of market power
  • Regulated infrastructure
  • Vertical agreements
  • International trade
  • Independent reviews
  • Compliance.

For a broad overview of common issues in competition litigation in Australia, please see The International Comparative Legal Guide to Competition Litigation 2017. The Australian chapter was co-authored by KWM Competition partners Peta Stevenson and Trish Henry (published by Global Legal Group Ltd London). 

For an overview of Australia's law and enforcement regime relating to cartels, see Global Legal Insights to: Cartels 2017 (Australia) co-authored by Sharon Henrick, Wayne Leach and Peta Stevenson (published by Global Legal Group Ltd London).

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Our experience

Our experience includes assisting clients in the financial services, telecommunications, retail, food, resources and mining, transport and infrastructure, and pharmaceuticals sectors. Recent examples include advising:

  • Lion on Murray Goulburn’s recent application to the Australian Competition Tribunal for authorisation of its proposed acquisition of Warrnambool Cheese and Butter.
  • Air New Zealand on its alliance with Virgin Australia
  • China Merchants Group and Hastings on their recent successful acquisition of the Port of Newcastle, the world’s largest coal export port
  • New Forests on its successful acquisition of Gunn’s Tasmanian Forestry assets
  • British Airways on a multi-jurisdictional cartel investigation
  • Echo in response to the ACCC’s investigation into potential carter conduct in Australia’s casino industry
  • Flight Centre on a principal/agent price fixing case
  • Bradken on the first ever bid rigging case
  • Colgate on allegations against both suppliers and their customers for cartel conduct
  • Yazaki on the potential liability of a local subsidiary for alleged cartel conduct by its offshore parent
  • Wesfarmers on the ACCC’s recent high profile investigation and litigation into the labelling of bread and most of Australia’s largest energy retailers (including Energy Australia, Origin and Red Energy).

Our reputation

"Strong all-round capabilities, including recent involvement in a number of high-value merger clearances. A client roster that covers many large multinational corporations."

- Chambers

"They are client-focused and the practice has excellent depth, with senior lawyers that are able to provide agile and confident support on major matters."

- Chambers

Regulator

Australia's financial institutions are experiencing more regulatory pressure than ever before. Remain at the forefront of key regulatory issues as we guide and shape the future of financial services.

regulator
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