Litigation Competition Law

Litigating Competition Law - Australia

The expertise you need to get the best possible result

Clients come to us for our proven success in resolving complex competition litigation and responding to regulatory enforcement action.  

The Australian Competition and Consumer Commission (ACCC) and other regulators have an ever increasing appetite for enforcement and levels of private enforcement action are also on the rise. In this environment, we recognise that competition litigation is an essential issue for your business.

Minimise risk and optimise your outcome

Our specialised lawyers are experienced in responding to mandatory notices, managing regulatory investigations, preparing for prosecutions, and representing both claimants and defendants in follow-on actions for damages – including class actions. Throughout the process, you can rely on us to minimise risk and achieve the best possible negotiated, mediated or litigated outcome for you.

The legal advice we offer on competition litigation includes:

  • Applications for immunity
  • Assessing and responding to mandatory notices for the production of documents and attendance at examinations (known as section 155 notices in Australia)
  • Regulatory investigations
  • Negotiated settlements with the ACCC
  • Contested ACCC proceedings
  • Preliminary discovery applications
  • Private damages actions
  • Class actions.

All-industry experience

Competition litigation spans all industries (and frequently goes beyond national borders) and we have expertise in sectors including telecommunications, healthcare, online businesses, manufacturing, retail and food. Our experience in litigating competition law includes a test case on principal/agent price fixing, the first ever bid-rigging case and a key case on the potential liability of a local subsidiary for alleged cartel conduct by its offshore parent.

Our experience also includes advising on the ACCC’s largest domestic cartel legal proceedings, which have included allegations against both suppliers and their customers for cartel conduct, and on successful advertising litigation by a large telco against its key rival.

Other work highlights include defending the first price-fixing class action where there was no preceding regulatory action in Australia before damages proceedings began.

 

We have a full team specialising in this area.

Discover our latest insights into legal issues affecting your business

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