Find Lawyers in Australia for Competition Law
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Competition Law - AustraliaAbout this Practice Area
Mr. Guirguis advises clients on all aspects of antitrust/competition law as well as consumer law. He has a wealth of experience advising clients on merger clearance, joint ventures and on supply chain arrangements between suppliers and customers. Mr. Guirguis regularly advises on, and responds to, regulatory investigations by the Australian Competition & Consumer Commission (ACCC) alleging cartel conduct (price fixing, market sharing or bid rigging), including making immunity and leniency...
Josh is an intellectual property and competition law specialist. Josh’s practice encompasses all aspects of the creation, acquisition, commercialisation, management, protection, and enforcement of intellectual property rights. He is widely recognised for his expertise in intellectual property commercialisation, including negotiation and implementation of complex multi-jurisdictional licensing arrangements. He also acts for clients in litigation to enforce intellectual property rights, i...
The Law I signed the Bar Roll in 1990 and have had the good fortune to become one of Australia’s leading advocates, both at the trial and appellate levels across all areas of commercial law, including the application of the criminal law to corporations directly. Some of the complex cases I have conducted of more recent times include, persuading the High Court to allow the Timbercorp investors to defend the recovery actions pursued against them; designing and prosecuting Cadbury’s ...
Competition Law Definition
Since 1906, Australia has had laws designed to eliminate anticompetitive conduct and to create markets which work for all participants. The current principal legislation is the Competition and Consumer Act 2010 (‘CCA’). The stated purpose of the CCA is to ‘enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.’
The CCA prohibits conduct by businesses which tend to result in negative outcomes for consumers such as agreements between competitors to divide territories, allocate customers, fix prices, or rig bids in a tender process; exclusive dealing arrangements which substantially lessen competition; resale price maintenance; and mergers and acquisitions which reduce competition in a market.
Competition law requires not only an understanding of the provisions of the CCA but also a working knowledge of economic concepts, as the specialty requires an understanding of markets and market dynamics.
The Australian Competition and Consumer Commission (‘ACCC’) is the regulator charged with ensuring compliance with the CCA. A contravention of the CCA can result in prosecution by the ACCC for civil or criminal offences. The ACCC can seek substantial monetary penalties including fines of up to three times the benefit of any cartel conduct and 10% of the annual turnover of the company or group of companies responsible for any anticompetitive conduct. In addition, individuals may be imprisoned for cartel conduct.
The CCA also provides individuals and businesses the right to bring proceedings to recover damages from persons who have caused that damage by breaching provisions of the CCA.
In practice, competition lawyers provide advice to individual and corporate clients to assist their compliance with the CCA in their day to day business or in relation to specific transactions. Competition lawyers are also often experienced in litigation, defending an action brought by the ACCC or managing litigation against another party. Some competition lawyers will have general experience across competition law, others may be more specialised in one specific area of competition regulation such as:
- Mergers & acquisitions
- Cartel and other anticompetitive conduct between competitors
- ACCC investigations
- Compliance programs and training
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison