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Regulatory

Competition

Merger notifications, competition compliance and consumer protection under the Federal Competition and Consumer Protection Act 2018.

Overview

The Federal Competition and Consumer Protection Commission reviews mergers, investigates anti-competitive conduct and enforces consumer rights. We help businesses meet its requirements and respond when it opens an inquiry.

We advise on whether a transaction must be notified, prepare merger filings and engage with the Commission during review. We also review commercial arrangements such as distribution, pricing and exclusivity terms for the risk of restrictive agreements or abuse of a dominant position.

On the consumer side we advise on product labelling, pricing disclosures, complaints handling and recalls, and represent clients in Commission investigations and before the Competition and Consumer Protection Tribunal.

What we do

  • Merger Control

    Advising on the legal requirements and regulatory processes for mergers and acquisitions, ensuring compliance with merger control regulations.

  • Exclusive Dealing Arrangements

    Providing legal advice on the structuring and implications of exclusive dealing agreements to ensure they do not violate competition laws.

  • Price Maintenance

    Guiding clients on the legalities of pricing strategies, including resale price maintenance and other price-setting mechanisms.

  • Boycotts

    Advising on the legality of collective actions and agreements that may constitute boycotts under competition law.

  • Market Division

    Offering counsel on agreements that involve market division and their compliance with competition regulations.

  • Market Dominance

    Assisting clients in understanding and managing the legal implications of market dominance, including abuse of dominant position.

  • Gun-Jumping

    Advising on pre-merger coordination and activities to avoid illegal "gun-jumping" practices.

  • Negative Clearance

    Assisting clients in obtaining negative clearance for agreements and practices to ensure they do not infringe on competition laws.

  • Applications for Waivers and Exemptions

    Guiding clients through the process of applying for waivers and exemptions under the competition law framework.

  • Investigations and Inquiries

    Representing clients in investigations and inquiries conducted by competition authorities, ensuring robust defense and compliance.

FAQs

A merger, which includes acquiring control of a business, must be notified to the Commission when the turnover or asset thresholds in its regulations are met. A notifiable merger cannot be implemented until it is approved.

The Commission can impose penalties and may order the transaction to be unwound. It is safer to assess notifiability early in the deal timetable.

The Competition and Consumer Protection Tribunal, with a further appeal to the Court of Appeal.
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