• advising clients on responding to mandatory notices for information and documents
• criminal investigations into alleged cartel behaviour
• seeking immunity for clients in respect of cartel behaviour, and
• seeking authorisation of conduct from the ACCC and/or the Australian Competition Tribunal.

We have extensive experience representing clients in enforcement proceedings before the courts.

Freehills also has considerable experience in relation to cartel enforcement, including assisting 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.  

• 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.
• Alleged air freight surcharge cartel: Freehills acts 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.
• Alleged marine hose cartel: Freehills acted for a marine hose manufacturer in relation to an alleged global cartel in the supply of marine hoses. The cartel was subject to enforcement action in several international jurisdictions, including Australia. The matter was settled in Australia by consent in the Federal Court.
• Alleged timber preservative cartel: Freehills 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.
• Other cartel allegations: Members of our team have also acted for numerous other parties in defending ACCC allegations of cartel behaviour, including in the worldwide vitamins, power and distribution transformers and petrol retailing industries. This has included negotiating immunity, leniency and settlement agreements.
• North West Shelf joint venture: Freehills has assisted the North West Shelf joint venture parties in managing competition law issues associated with the production and joint marketing of natural gas in Western Australia. This has included responding to ACCC and Senate inquiries and obtaining ACCC authorisations.
• Alleged price-fixing in banking: Freehills is advising ANZ in Federal Court proceedings in relation to price-fixing allegations in respect of ANZ’s relationship with mortgage brokers.
• 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.
• Alleged resale price maintenance: Freehills acted in relation to an ACCC investigation and Federal Court proceedings of alleged resale price maintenance in the baby goods industry. Several of the allegations against our client were dropped and the remaining proceedings were settled. Our role included negotiating the terms of settlement including penalties, remedies and undertakings as to future conduct.
• Alleged misleading and deceptive conduct: Freehills advised a client in the renewable energy industry in relation to an ACCC investigation of alleged misleading and deceptive advertising. Freehills negotiated an administrative settlement of the matter through undertakings under section 87B of the Trade Practices Act 1974 and court proceedings were avoided.
• 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.