Litigation Competition Law

Litigating Competition Law

When it comes to dealing with regulators and resolving disputes, we have the experience you need

You can rely on us for everything from managing the risk of regulatory non-compliance to responding to regulatory investigations and preparing for potential prosecutions and civil claims.

Our pioneering use of competition law as an effective litigation tool has earned our lawyers a formidable reputation in contentious competition cases. With substantial experience at specialist tribunals and national courts, we are also at the forefront of private enforcement of competition law. Working for your best commercial outcome means we always look at all the options for resolving disputes.

What happens when you are faced with the possibility of an investigation? We will use our knowledge of the laws and enforcement policies of regulators across the world to help you coordinate your responses to multiple, contemporaneous investigations, prosecutions and civil actions. To do this, our competition lawyers work closely with our experienced litigation specialists.

Our advice includes:

  • Appeals against decisions by competition authorities and sector regulators
  • Bringing and defending actions for damages following competition law infringement proceedings
  • Challenging grants of state aid
  • Challenging and defending in court commercial agreements or behaviours that are said to be anti-competitive
  • Challenging government actions that breach EU law.

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Our work highlights include advising:

  • Bridgestone, Cooper Tire, Continental, Michelin and Pirelli in connection with damages proceedings brought before the English High Court in relation to the synthetic rubber cartel in Europe 
  • British Airways in relation to investigations and prosecutions of cartel conduct in the airline industry across the Asia Pacific region
  • Telstra, NAB, GM Holden and Cadbury Schweppes and others in respect of ACCC investigations in relation to advertising
  • Bradken and two of its directors in cartel and misleading and deceptive conduct Federal Court proceedings – the first case in Australia to litigate the bid rigging cartel provisions
  • In Pilbara Infrastructure v Rio Tinto on an appeal in the High Court of Australia by Fortescue Metals Group against the judgment of the Full Federal Court of Australia
  • Telefónica UK (formerly 02) before the Competition Appeals Tribunal, the Court of Appeal and the Supreme Court against BT over disputed interconnection charges for 0800, 0845 and 0870 numbers – this involved a lengthy battle between mobile operators and BT 
  • In SingTel Optus v Telstra on a misleading advertising matter 
  • Qantas in relation to damages proceedings arising in multiple jurisdictions in Europe from the air-freight cartel.
"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."

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