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Competition and consumer

The competition and consumer law team at Gadens Melbourne has extensive experience in providing clients with strategic competition and consumer law advice, representation in dealings with the Australian Competition and Consumer Commission (ACCC) and other regulators, and representation in competition and consumer law litigation. 

Our specialist team members provide optimum advice and representation by working closely and collaboratively with clients to ensure that we have a complete understanding of our clients business’ and the markets in which they operate.  We secure the most positive outcomes possible for our clients in dealings with the ACCC and other regulators, by seeking to maintain trusted relationships with the regulators, understanding and respecting their internal processes and responding to them in a timely manner.

 

Expertise

 

  • Mergers advice and clearances, including advising merger parties on the risk of proposed acquisitions contravening the Competition and Consumer Act 2010 (CCA), advising third parties to mergers wishing to oppose mergers on competition grounds, submissions to the ACCC, representation before the ACCC and assisting clients to respond to statutory demands issued by the ACCC for information and documents.
 
  • Obtaining other clearances from the ACCC, including authorisations and notifications.
 
  • Advising on compliance with the Franchising Code of Conduct and related issues under the CCA and the Australian Consumer Law.
 
  • Advising on whether proposed commercial agreements, such as joint venture agreements, distribution agreements, franchising agreements and supply agreements, risk contravening the competition provisions of the CCA.
 
  • Advising on whether supply arrangements, pricing strategies and other market conduct risks contravening the competition or consumer provisions of the CCA.
 
  • Advising on the consumer protection provisions of the Australian Consumer Law, including advertising reviews and clearances, reviewing and advising on websites.
 
  • Designing competition and consumer law compliance programs to reflect clients’ needs, drafting compliance manuals, conducting competition and consumer law compliance training and auditing compliance programs.
 
  • Advising on product liability issues, statutory guarantees under the CCA, and recalls.
 
  • Acting for clients under investigation by the ACCC or other regulators, including advice, representation, and resolution of issues with the ACCC and other regulators.
 
  • Acting in relation to litigation arising from consumer protection issues and competition issues, for both clients initiating litigation and clients defending litigation.

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