Regulatory Investigations & Enforcement in Consumer & Retail
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
Multinational Meal Kit Company
Acting in ACCC enforcement proceedings concerning alleged misleading subscription sign-up and cancellation practices under the Australian Consumer Law. The proceedings, which form part of the ACCC's broader focus on consumer protection and fair trading issues in the digital economy, are among the most significant digital consumer enforcement actions currently before the courts.
Apple
Advising Apple on high-profile consumer protection, competition and regulatory matters, including ACCC investigations, enforcement proceedings and related class actions. Our work has included the ACCC's Digital Platforms Inquiry, Federal Court proceedings concerning alleged Australian Consumer Law breaches, Apple Pay-related competition matters, regulator engagement, enforcement defence, and advice on compliance and product safety obligations across device supply and telecommunications services.
Volkswagen
Advising Volkswagen on significant regulatory, consumer protection and litigation matters in Australia, including defending regulatory and class action proceedings relating to diesel emissions, advising on Australia’s largest compulsory product recall concerning Takata airbags fitted to VW Group vehicles, and providing ongoing advice on dealer network arrangements, vehicle standards and homologation requirements, Franchise Code compliance and consumer law issues.
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.
Major National Retailer
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.
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, and Department of Home Affairs, that arose from the incident.
Multinational e-Commerce Platform
Advising multinational e-Commerce platforms on product safety and consumer law investigations by the ACCC.
Major International Retailer
Advised on the regulatory and customer response to a significant data exfiltration incident, including compliance with mandatory data breach notification requirements under the Privacy Act, regulatory engagement with the OAIC, management of customer complaints, and issues relating to the provision of credit monitoring services to affected individuals.
Healthcare and Life Sciences Companies
Advising on significant product safety and regulatory matters, including product recalls, engagement with the Therapeutic Goods Administration (TGA), compliance investigations, consumer remediation and related litigation.
