Our Competition & Market Regulation group work closely with clients on issues relating to regulatory enforcements. This includes responding to Australian Competition and Consumer Commission (ACCC) investigations, seeking immunity for clients in respect of cartel behaviour, seeking authorisation of conduct before the ACCC and/or the Australian Competition Tribunal.

We have extensive experience representing clients in enforcement-related proceedings before the courts, backed by one of the premier litigation teams in Australia.

Freehills has enabled several major international firms to obtain conditional immunity in Australia in respect of global cartel conduct and to meet their ongoing obligations under the ACCC’s immunity policy.  

Recent examples of our experience include:

• Alleged timber preservative cartel - We advised a client in relation to an ACCC investigation into and litigation in respect of an alleged price fixing agreement in the Australian and New Zealand timber preservatives industry. Our role included negotiating penalties and other remedies and negotiating and implementing undertakings as to future conduct.
• Alleged air freight surcharge cartel - We act for an air cargo carrier in an ACCC investigation and a related class action seeking damages for loss alleged to have been suffered as a result of alleged international cartel conduct in respect of air freight surcharges imposed by the cargo carriers.
• Telikom Papua New Guinea - We provide strategic advice to Telikom, the state-owned telecommunications operator in Papua New Guinea, in relation issues surrounding the introduction of competition in the mobile telephony market in Papua New Guinea and in relation to access arbitrations concerning the terms of access to the domestic and international networks.
• C7 litigation - Freehills acted for the Seven Network in its landmark Trade Practices Act 1974 proceedings against News Limited, Telstra, PBL and others. This complex action arose out of the bidding for the Australian Football League and National Rugby League pay television rights in 2000. The matter was the largest piece of telecommunications/media litigation in Australian legal history.
• Authorisation of Air New Zealand / Qantas alliance - Freehills acted for Air New Zealand in its successful application to the Australian Competition Tribunal for authorisation of its strategic alliance with Qantas.
• Tabcorp Holdings Limited / Sky Channel litigation - Freehills represented Tabcorp Holdings Limited and Sky Channel in Federal Court litigation against TVN and certain thoroughbred horseracing clubs, involving issues under sections 45, 46 and 47 of the Trade Practices Act 1974. The proceedings were settled, subject to authorisation by the ACCC, and Freehills represented Tabcorp and Sky Channel in the authorisation application.
• Cartel investigations - Freehills has acted for numerous parties in defending ACCC allegations of cartel behaviour including negotiating immunity, leniency and settlement agreements.
• Criminal offence investigation by the ACCC - Freehills acted for a corporation alleged to have committed a criminal offence of obstructing an ACCC officer in the conduct of an investigation. After a Freehills submission to the ACCC, the ACCC decided not to pursue the criminal claim.
• VISA price fixing proceedings - Freehills acted for VISA in relation to an investigation of alleged price fixing in setting credit card interchange fees. The investigation was initiated by the ACCC, and subsequently referred to the Reserve Bank of Australia.
• Alinta Gas Transportation Agreement dispute - Freehills acted for Alinta in successfully defending a claim by a shipper for a rebate of gas transportation charges paid under the pipeline access principles which involved a maximum tariff structure.

Regulatory authorities, such as the ACCC and Australian Competition Tribunal, govern many aspects of business activity, including anti-competitive behaviour, cartel activity and other competition-related transactions.

Corporations may be forced to address issues relating to regulatory enforcements. This includes responding to ACCC investigations, seeking immunity for clients in respect of cartel behaviour, seeking authorisation of conduct before the ACCC and/or the Australian Competition Tribunal.

Our Competition group have extensive experience representing clients in responding to these enforcement matters and, backed by one of the premier litigation teams in Australia, are able to pursue matters through the courts if required.