Overview

Working together with some of the leading corporations in Australia, we structure commercial agreements and transactions while they are being formulated so that they can meet their commercial objectives, limiting their regulatory risk, and achieve compliance with their competition law obligations. We also assist in the development and implementation of compliance programs and compliance training within organisations.

Our partners are heavily involved in the Trade Practices Committee of the Business Law Section of the Law Council of Australia, the leading policy advisory group in competition and market regulation law in Australia. We have unparalleled relationships at all levels of the major regulators, government bodies and peer organisations. Freehills, and Bob Baxt in particular, lead the profession’s commentary on key legal and policy developments. Using our extensive legal experience, and strong relationships with leading economists and experts, we work with our clients to understand the risks and the options and to find a solution.

Examples of work

• North West Shelf Gas: Freehills advised North West Shelf Gas Joint Venturers on the joint marketing of gas and whether authorisation under the Trade Practices Act 1974 was required.
• ASX: Freehills acted for the Australian Securities Exchange (ASX) in a number of matters including the appropriate pricing of services provided by ASX and the appropriate design of market rules governing the operations of a securities exchange. Freehills also developed and reviewed Trade Practices compliance programs for ASX.
• Caltex: Freehills advised Caltex in relation to various commercial arrangements including its alliance with Woolworths for the purpose of offering shopper docket discounts.
• Major banks: Freehills advised the major banks on competition law issues arising from collaborative outsourcing of voucher processing services. This venture raised issues of consolidation of back office functions amongst the major banks.
• NEMMCO: Freehills assisted the National Electricity Market Operator in developing and rolling out a comprehensive trade practices compliance program.
• Major oil companies: Freehills advised major oil companies in respect of a joint user oil terminal in Darwin. This advice dealt with competition law issues relevant to a joint venture between major industry players.
• Client legal privilege: Freehills is providing high level advice to 22 organisations, including most of Australia’s top companies, on client legal privilege, and is assisting with submissions to the Australian Law Reform Commission.

Other clients include:

• Commonwealth Bank
• Orica
• Coles Group
• Fairfax
• ABC Learning Centres
• Vodafone
• Lend Lease
• Heineken
• Avis Australia
• National Australia Bank
• Brambles/CHEP
• GUD