Regulatory Investigations & Enforcement
Regulatory investigations and enforcement activity across the consumer sector continues to intensify. Agencies including the ACCC, OAIC, ACMA, as well as other sector-specific regulators in industries such as therapeutic goods, chemicals, food, automotive, gaming and wagering, among others - are deploying broader powers, pursuing higher, civil penalties and expecting greater cooperation from businesses under scrutiny. Boards, executives and general counsel must be prepared to respond strategically when regulatory attention arises.
We have deep experience managing complex regulatory investigations and enforcement proceedings – from initial engagement through to contested hearings and negotiated outcomes.
We help you to get ahead of emerging trends and when issues arise, we manage the full engagement lifecycle with regulators.
We assist with:
ACCC, OAIC, ACMA, TGA and state regulator investigations
Compulsory notices, examinations and information-gathering powers
Strategic engagement and negotiated outcomes
Enforceable undertakings and remediation programs
Civil enforcement and penalty proceedings in the Federal Court
Governance reviews and compliance redesign
Experience
PENDING Optus
We have advised Optus on a broad array of consumer law matters for over 10 years, including defending ACCC regulatory investigations and penalty litigation in relation to advertising claims and matters of conduct. We have acted for Optus in three successful litigation proceedings against Telstra, which established clear principles concerning puffery, humour and unqualified claims in consumer-facing marketing campaigns.
Apple
Advise Apple on high-profile consumer protection and regulatory matters, including ACCC investigations, enforcement proceedings and related class actions, including the ACCC’s Digital Platform Services Inquiry, Federal Court proceedings for ACL breaches in relation to iPad 4G and “Error 53” consumer law proceedings and the attempt by major banks to obtain ACCC authorisation for collective bargaining of the terms of their Apple Pay agreements. Our role includes regulator engagement, investigations, enforcement defence, and advice on compliance and product safety obligations across device supply and telecommunications services.
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.
HelloFresh and Youfoodz
We are acting for HelloFresh and Youfoodz in two related ACCC enforcement actions alleging misleading subscription sign-up and cancellation practices, commonly referred to as "subscription traps", in breach of the Australian Consumer Law. The ACCC is seeking compensation for over 100,000 affected consumers and potentially substantial pecuniary penalties, making this one of the most significant digital consumer enforcement proceedings in Australia. The proceedings form part of the ACCC's stated enforcement priority targeting consumer and fair trading issues in the digital economy and align with the Government's announced plans to legislate against "dark patterns" including subscription traps and drip pricing.
PENDING Multinational E-Commerce Platform
We are advising a multinational e-commerce platform on several matters including the ACCC examination of online retail marketplaces, the Digital Platform Services Inquiry ecosystem report, proposed new digital platforms regulation and two confidential ACCC investigations. Our role has been to provide strategic input and assist in drafting submissions and other engagements.
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.
Singtel - Optus
Acted for Singtel, owner of Optus, in connection with the September 2022 cyberattack on Optus, including the various regulatory proceedings including by OAIC, ACMA, Department of Home Affairs, that arose from the incident.
Big 4 Bank
Advising a Big 4 Bank in relation to a range of matters concerning its compliance with the Spam Act as part of a whole of organisation Spam compliance transformation and uplifts to systems and processes. This included advice on ACMA’s investigation into compliance with certain provisions of the Spam Act , and compliance with enforceable undertakings.
PENDING Multinational e-Commerce Platform (eBay — de-identified)
Advising a multinational e-Commerce platform on a product safety and consumer law investigation by the ACCC, arising from the sale of banned magnetic products by third-party suppliers on its platform with the key issue being whether a digital platform meets the definition of "supplier" under the ACL.
Major National Retailer (Woolworths de-identified)
Long-term adviser on a broad range of regulatory investigations across the consumer sector, including matters arising in groceries, fuel, liquor and discount department stores. Our role has included managing ACCC investigations, responding to compulsory information-gathering powers and advising on strategic engagement and negotiated outcomes across multiple business divisions.
