Competition and Market Conduct

Retail and consumer markets are increasingly concentrated, digitised and commercially dynamic. Distribution strategies, platform expansion, private label growth, vertical integration and data-driven pricing strategies are attracting sustained regulatory scrutiny.

In this environment, competition law shapes how growth strategies are designed and implemented. Supply arrangements, pricing structures and expansion initiatives must be structured with regulatory and litigation risk in mind, particularly amid intensified merger review and ongoing reform.

We advise on competition risk across the full lifecycle of commercial activity, from distribution design and market entry to cartel investigations, merger clearance and complex litigation. Our focus is on enabling commercially effective strategies that remain resilient under regulatory examination.

We advise on:

Merger clearance, informal engagement and authorisations
Misuse of market power and unilateral conduct issues
Cartel investigations, immunity applications and enforcement defence
Exclusive dealing, distribution restraints and channel control strategies
Resale price maintenance and wholesale pricing controls
Digital platform conduct and dominance risk
Algorithmic pricing and coordination risk
ACCC investigations, compulsory notices and dawn raids
Competition compliance programs and board governance
Competition litigation and damages claims

Experience

Apple

Defending the misuse of market power and anticompetitive conduct claims in the Federal Court of Australia brought against Apple by Epic Games in relation to Apple's decision to remove Fortnite from the App Store and associated class action proceedings seeking damages on behalf of end users and developers of apps for iOS devices in Australia. Advising Apple on significant competition and regulatory matters, including ACCC investigations and enforcement actions, competition risk in supply and telecommunications arrangements, and defence of related class action proceedings.

Leading multinational digital platforms

Acting for two of the leading digital platforms in relation to the ACCC's high profile multistage Digital Platforms Inquiry and Digital Platform Services Inquiry, and the Federal Treasury's subsequent consultation on a proposed digital competition ex ante regime.

PENDING ASX-listed Australian Retailer

Long-term adviser to a major national supermarket group on complex competition and consumer matters, including ACCC merger clearances (such as acquisitions of a national out-of-home food distributor and a retail media business), negotiation of enforceable undertakings relating to fuel discounting and lease arrangements, and defence of significant Federal Court proceedings brought by the ACCC concerning cartel and information exchange allegations.

Saputo – Dairy Industry Merger Clearance

Advised Saputo Inc. on ACCC merger clearance for multiple transactions in the Australian dairy sector, including the acquisitions of Murray Goulburn Co-operative Co. Limited and Lion Dairy & Drinks’ cheese businesses, as well as related divestments.

Volkswagen

Acting on competition and consumer protection matters in Australia on behalf of one of the world's largest automotive groups. Our roles have included a multi-disciplinary team acting in relation to regulatory and class action litigation in related to diesel emissions; acting on Australia's largest compulsory product recall effort in relation to Takata airbags fitted to VW Group vehicles supplied in Australia; defence of a class action seeking damages on behalf of owners of VW vehicles fitted with Takata airbags; a range of Franchise Code and dealer network issues; homologation and standards compliance and consumer protection matters for Volkswagen Group Australia.

ANTA Sports – Merger clearance

Advising on the merger control aspects of ANTA Sports Products Limited’s €1.5 billion acquisition of a strategic 29% stake in PUMA SE from Artémis SAS.

iSelect

Acted for iSelect in successfully resolving ACCC litigation concerning its energy comparison business, including allegations of false or misleading conduct and challenges to its marketing model based on algorithmic operations.

Multinational Technology Company

Advising a leading multinational technology business in complex competition law proceedings involving allegations of misuse of market power and anti-competitive conduct in digital distribution and consumer technology markets seeking market structure changes and damages.

PENDING Originator Pharmaceutical Companies (AMGEN de-identified)

Advising pharmaceutical companies on competition issues in connection with ACCC dawn raids relating to end-of-patent life cycle conduct, including allegations of stopping or delaying a competitor from entering the market through late life cycle strategies when patents were expiring.

Brickworks

We acted as applicant in significant anti-competitive conduct litigation against a major competitor in the building products sector, alleging predatory pricing in breach of the misuse of market power prohibition and unlawful acquisition in landmark private competition legislation.