Working together with some of the leading corporations in Australia, our Competition & Market Regulation group advises on the structure of commercial agreements and transactions while they are being formulated so that clients can meet their commercial objectives, limit their regulatory risk, and achieve compliance with their competition law obligations.

Following the introduction of criminal cartel offences into Australian law and the strengthening of regulators’ powers under the Australian Consumer Law, it is increasingly essential for corporations doing business in Australia to understand and manage potential regulatory risk.

With extensive and strong relationships with economists and experts, the Freehills Competition & Market Regulation group offers high quality, clear and commercial advice to ensure you obtain a commercial advantage while maintaining compliance.

We also assist our clients in the development and implementation of compliance programs and compliance training within organisations.

Examples of recent experience include:

• Metcash: Freehills is acting for Metcash in relation to its proposed acquisition of Franklins. The ACCC announced in November 2010 that it would oppose the acquisition and has commenced proceedings in the Federal Court seeking an injunction restraining Metcash from completing the acquisition. Freehills is acting for Metcash in defending the proceedings.
• Santos: Freehills is advising Santos in relation to ongoing competition issues arising from the construction and operation of the Gladstone LNG project, including advice on the joint venture structure.
• North West Shelf Gas: Freehills advised the North West Shelf Gas joint venturers on the joint marketing of gas and acted on the successful authorisation of that joint marketing.
• BHP Billiton: Freehills advised BHP Billiton in relation to natural gas joint ventures in the Bass Strait and the North West Shelf Project.
• Chevron: Freehills advised Chevron in relation to natural gas joint ventures in Western Australia.
• Tabcorp pooling agreements: Freehills acted for Tabcorp on a wide range of competition law issues, including its application to the ACCC for authorisation of the pooling agreements with TOTE Tasmania and Racing and Wagering Western Australia, promotional arrangements with membership-based organisations and various strategic and commercial transactions.
• Caltex: Freehills advised Caltex in relation to various commercial arrangements, including its alliance with Woolworths for the purpose of offering shopper docket discounts.