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Competition and consumer

Trade practices, antitrust, competition and consumer law; however it is described, the impact of the Competition and Consumer Act 2010 (Cth) on Australian commerce and business is intensifying.  Gadens’ competition and consumer lawyers have an in-depth understanding of this important law and its impact across a wide range of industries including banking and finance, construction, manufacturing, hospitality, agriculture and FMCG.
Deep knowledge and understanding of the law
From drafting and structuring agreements for compliance, to policy advice, comprehensive compliance training and advocacy submissions for authorisations and notifications, our responsive team is adept at managing the challenges around competition and consumer law.
As well as advising on Australian issues, we assist clients with competition and consumer law issues in other jurisdictions including Papua New Guinea, Korea, Japan and Europe. 
Dealing with the ACCC
Some of our team members have spent time as ACCC investigators and lawyers and, as a result bring unique insights into the approach of this important regulator.
With this background, clients being investigated by the ACCC benefit from our lawyers’ response strategies.  Also importantly, we help clients to deal with compulsory notices to produce documents, advise on immunity applications for cartels, and assist clients who are the subject of unfair market conduct in approaching the ACCC.
For clients involved in mergers or acquisitions, we provide input into decision making on whether it is appropriate or necessary to inform the ACCC, and assist in crafting persuasive submissions to achieve ACCC approvals.  Equally, we help clients who wish to oppose merger transactions.
When disputes arise, we conduct litigation both on behalf of our clients and in defence of ACCC proceedings.
Experience
  • Defending a global airline in both ACCC and private class action Federal Court proceedings alleging an international air cargo cartel.
  • ACCC v Jurlique International Pty Ltd:  Federal Court proceedings brought by the ACCC against Jurlique for resale price maintenance and price fixing contraventions of the Trade Practices Act 1974.
  • ACCC v Cement Australia Pty Ltd:  Federal Court proceedings brought by the ACCC against manufacturers and suppliers of cement and cement-substitutes for misuse of market power contraventions of the Trade Practices Act 1974.
  • Advising a number of global clients in relation to applications to the ACCC for immunity for potential cartel conduct.
  • Drafting, responding to and challenging compulsory s155 notices to produce information, documents and to provide evidence to the ACCC.
  • Assisting clients in the fitness and entertainment industries responding to ACCC investigations into alleged breaches of consumer law; providing strategic advice on options for resolution; drafting section 87B undertakings for settlement.
Key contacts

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