Competition & Consumer Protection Disputes

Clients come to us for our proven success in resolving complex competition and consumer protection litigation and responding to regulatory enforcement action.  

The Australian Competition and Consumer Commission (ACCC) and other regulators have an ever increasing appetite for enforcement. Levels of private enforcement action are also on the rise. In this environment, we recognise that the ability to deal effectively with litigation is essential for your business.

Minimise risk and optimise your outcome

Our specialised lawyers are experienced in strategically managing regulatory investigations – including responding to mandatory notices – to best position your business for any regulatory prosecutions, as well as representing both claimants and defendants in follow-on actions for damages including class actions. Throughout the litigation process, you can rely on us to minimise risk and achieve the best possible negotiated, mediated or litigated outcome for you.

The legal advice we offer on competition and consumer protection litigation includes:

• Evaluating the risks and benefits of an application for immunity
• Assessing and responding to mandatory notices for the production of documents, provision of information and attendance at examinations (known as section 155 notices in Australia)
• Navigating regulatory investigations
• Negotiating settlements with the ACCC
• Defending ACCC proceedings
• Contesting preliminary discovery applications, both for claimants and defendants
• Conducting and defending private damages actions in respect of cartel and consumer protection claims
• Defending competition, consumer protection and product liability class actions.

Our reputation for strategic thinking in the conduct of major litigation including class action defence; cut-through approach to isolate core issues; strategic oversight; and unrelenting client focus are factors that distinguish us from our competitors in this area.

All-industry experience

Competition litigation spans all industries and frequently goes beyond national borders. We have expertise in sectors including telecommunications and technology, healthcare, manufacturing, financial services, retail and food. Our experience in litigating competition and consumer protection law includes a test case on principal/agent price fixing, the first ever private action for cartel conduct and a key case on the potential liability of a local subsidiary for alleged cartel conduct by its offshore parent. 

Our experience includes advising on the ACCC’s largest domestic cartel legal proceedings, covering allegations against both suppliers and their customers for cartel conduct, and on successful advertising litigation by a large telco against its key rival.