Competition Law - Recent experience
We have extensive experience in:
Mergers, takeovers and restructurings
Our Competition Law Group has recently successfully obtained ACCC informal
clearance for the following significant mergers and acquisitions:
Wesfarmers
A$20 billion cash and share offer for Coles Group.
Onesteel
A$2.3 billion merger with Smorgon Steel Ltd.
Dyno Nobel
US$1.7 billion acquisition of a global company by a Macquarie Bank-led
consortium.
Healthscope
A$2.8 billion proposed acquisition of Symbion Healthcare.
Brambles Information Management
A$260 million acquisition of Ausdoc.
Schering-Plough
Global acquisition of Netherlands-based Organon BioSciences NV.
News Limited
Acquisition of the Federal Publishing Company Community Media Group.
National Hire
A$2.9 billion acquisition of Coates Hire.
Cityspring
A$1.2 billion acquisition of Basslink.
Rio Tinto
A$44 billion acquisition of Alcan.
Bendigo Bank
A$4 billion acquisition of Adelaide Bank.
Litigation, ACCC Investigations and Prosecutions
Our Competition Law Group continually represents clients in landmark
competition law litigation and in major investigations conducted by the ACCC.
Recent experience includes:
News Limited, Foxtel, Premier Media Group
Successfully defended allegations of breach of Part IV of the Trade Practices
Act in the high profile 'C7' case.
Amcor
Acting for Amcor in the ACCC cartel investigation and subsequent proceedings.
Liquorland
Acted in ACCC investigation and proceedings alleging collusive conduct. Resolved
proceedings on behalf of Liquorland and the ACCC proceeded against Woolworths
only.
Coles
Acted in High Court proceedings challenging the ambit of the ACCC's information
gathering powers.
George Weston Foods
Acted in ACCC investigation and proceedings for attempted price fixing.
The Barton Group
Advising this global alluvial garnet producer in relation to an ACCC
investigation into alleged market sharing arrangements.
Our Competition Law Group has advised a range of organisations on the ACCC's
authorisation and notification procedures. Recent experience includes:
Exxonmobil
16-year ACCC exemption for the PNG Gas Project to engage in joint marketing.
Community Care Underwriting Agency
Authorisation for a joint venture between QBE, NRMA and Allianz that provides
public liability insurance to not-for-profit organisations.
Medicines Australia
Authorisation for the Code of Conduct, which regulates industry conduct for the
marketing of pharmaceuticals in Australia.
Victorian Department of Natural Resources and Environment
Advising in relation to the introduction of full retail competition in the
Victorian electricity and gas industries. This involved considerable negotiation
and consultation with the ACCC.
Shell / Coles alliance
Advising on an exclusive dealing notification to the ACCC relating to the
establishment of an operations entity formed to manage Shell's core retail
property network as part of a commercial alliance between Shell and Coles Myer.
Our Competition Law Group has advised clients on immunity applications to the
ACCC under its Immunity Policy for cartel conduct. The ACCC developed the
Immunity Policy (formerly known as the 'Leniency Policy') in 2003 to provide
incentives for those engaged in cartel behaviour to self-report. Recent
experience includes:
Amcor
Advising Amcor in relation to the much publicised investigation by the ACCC, and
the NZCC, into alleged cartel behaviour in the corrugated box industry in
Australia. Amcor was granted immunity by the ACCC and the NZCC in accordance
with their Leniency Policies.
Wikborg, Rein & Co
Assisting a client of this Norwegian law firm on an application to the ACCC
under the Leniency Policy, and entering into an information protocol with the
ACCC to conduct the presentations via a paperless procedure.
Immunity Policy
Advising a number of clients on confidential applications under the Immunity
Policy.
Our Competition Law Group has considerable experience advising on access
arrangements. Recent experience includes:
Hutchison, Telecom New Zealand
Acted in access disputes before the ACCC under Part XIC and appeared before the
Australian Competition Tribunal.
FOXTEL
Lodged the first ever special access undertaking accepted by the ACCC under Part
XIC.
Hamersley, Rio Tinto
Advised on Fortescue Metals' application for an access declaration in respect of
the Mount Newman and Goldsworthy railway lines.
Queensland Rail
Successfully acted in three arbitrations before the Queensland Competition
Authority. These arbitrations were the first significant test of the Queensland
Rail Access Undertaking.
Our Competition Law Group advises clients on a range of competition law issues associated with
marketing and advertising. Recent experience includes:
Hutchison 3G Australia and AAPT
Advising these clients on the full range of federal and state consumer
protection legislation, including issues relating to the advertising of telecoms
products and the industry-specific regulatory guidelines and codes, state and
territory fair trading and direct selling legislation, and the application of
the unfair contract terms provisions of the Fair Trading Act 1999 (Vic)
to mobile standard form agreements.
Gillette
Advising on a range of advertising clearance issues as well as acting for it in
its successful Full Federal Court Appeal concerning a comparative advertising
campaign for Duracell batteries. We also acted for Gillette in Federal Court
proceedings against Energizer concerning allegations of misleading and deceptive
conduct regarding Energizer's Schick Quattro razor and Gillette's Mach3 Turbo
razor, the case being settled in Gillette's favour.
FOXTEL
Acting in Federal Court proceedings brought by FOXTEL against the Australian
Video Retailers Association for misleading and deceptive conduct in an
advertising campaign.
Herron Pharmaceuticals
Advising in relation to an action brought by Panadol concerning Herron's
television advertisements involving comparative advertising with Panadol's
product.
Our Competition Law Group is experienced in reviewing our clients'
operations, reporting systems, past trade practices advice and risk management
systems to determine whether trade practices compliance can be improved. We have
developed an on-line training guide on trade practices and fair trading issues
that can be tailored to our cilents' businesses. For more information please
refer to our compliance guides page.
We have developed and conducted programs on trade practices compliance for a
wide range of organisations, including:
- Darling Downs Foods
- Australian Meat Holdings
- CSL
- Victorian Department of Natural Resources
- Australia Post
- Toyota Finance Australia Ltd
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- CS Energy
- Tourism Queensland
- Electrolux
- Defiance Mills
- Hutchison Telecommunications
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- Insurance Council of Australia
- Queensland Sugar
- Queensland Transport
- Energex
- Fiji Water
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