Competition & Antitrust

Abuse of Dominance & Market Power

Benefit from market leading legal advice on misuse of market power

Alongside other competition agencies globally, the Australian Competition and Consumer Commission has signalled an increasingly active focus on companies with market power. There is an increased appetite for aggressively pursuing enforcement action if concerns about companies leveraging that market power are identified, in particular into developing or nascent markets to the potential detriment of consumers.

Private enforcement is also on the rise in Australia, particularly class actions and strategic litigation.

At King & Wood Mallesons, we are at the forefront of each of these battlegrounds, having acted over many years for established clients in the telecommunications, technology and financial services industries, as well as a range of infrastructure companies, including ports, port terminals, gas and electricity networks, airports, railways and toll road operators.

We also act for a wide range of new entrants across a variety of markets, assisting them to overcome structural challenges.

Our team has unparalleled experience and expertise in helping clients navigate Australia’s various federal- and state-based regimes governing access to essential infrastructure. Our team has been involved in some of the most high-profile and landmark cases over the past two decades, and is widely acknowledged for its market-leading capability.

We act for companies across the full breadth of competition issues relevant to market power and abuse of dominance, including:

  • Managing complex ACCC investigations
  • Assisting new and smaller market participants to pursue complaints to the ACCC and other competition agencies across the APAC region
  • Guiding clients strategically through the inherently complex maze of issues raised in abuse of dominance litigation
  • Helping clients navigate increasingly wide-ranging and intrusive market studies and regulatory inquiries
  • Advising both access providers and access seekers across a range of federal and state-based access inquiries and access and pricing disputes
  • Helping clients develop robust contractual access regimes and navigating the myriad potential competition issues raised with private access frameworks.

Meet our Team

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