Competition Law governs the interaction between businesses operating in the same market and aims to prevent conduct that is unfair to competitors or debilitative to industry. Consumer Law regulates how businesses interact with consumers. The laws govern both the public and private sector and are enforced by the Australian Competition and Consumer Commission (ACCC). They can impact on many major business activities including joint ventures, mergers and acquisitions, marketing initiatives, supply and distribution arrangements, and infrastructure investments. The laws protect consumers and businesses from the misrepresentations of others, and they govern market conduct that is illegal or anti-competitive.
Multinational businesses also need to be aware of the differences between competition laws in Australia and in other jurisdictions.
We can advise on a full range of Competition & Consumer Law matters including:
- ACCC investigations, including representation, drafting submissions, enforcement proceedings and litigation
- Merger clearances, including negotiations with the ACCC
- Drafting and implementation of compliance programs for industries including retail, media and commercial property
- Advising on comprehensive provisions in the Competition and Consumer Act (CCA) relating to proposed mergers, acquisitions, and contractual arrangements
- Advising on commercial disputes relating to restrictive trade practices, and misleading and deceptive conduct
- Drafting and advising on restraints of trade embedded in employment arrangements and commercial transactions
- Informal merger clearances and enforceable undertakings for commercial property, media, communications and manufacturing industries