Competition and Market Conduct in Consumer & Retail

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

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Experience

Apple

Advise Apple on significant competition and regulatory matters, including in Federal Court proceedings brought by Epic Games alleging misuse of market power and other anti-competitive conduct in connection with the removal of Fortnite from the App Store, together with related class action proceedings brought on behalf of Australian iOS app developers and users. Also advise Apple in ACCC investigations and enforcement actions, competition risk in commercial and telecommunications arrangements, and the defence of related class action proceedings.

Volkswagen

Advising Volkswagen on competition and consumer protection matters in Australia, including regulatory and class action litigation relating to diesel emissions, dealer network and Franchise Code issues, consumer protection and marketing matters, and compliance with vehicle standards and homologation requirements. Our work has also included advising on the Takata airbag recall and defending related class action proceedings.

Originator Pharmaceutical Companies

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

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 litigation.

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.

Global Consumer Electronics 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.

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.

ANTA Sports

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.