The Allens competition, consumer and regulatory team has been busy working on the most significant mergers domestically and internationally, using its merger clearance expertise to manage the competition aspect of headline Australian transactions. Beyond major deals, the team has been acting on the most significant Australian Competition and Consumer Commission (ACCC) enforcement actions, including criminal cartel cases and allegations of anti-competitive conduct. Jacqueline Downes, who heads up the national team, is ‘exceptionally well experienced‘ in complex mergers and investigations – both in Australia and beyond. Firmwide chair Fiona Crosbie regularly advises on complex merger clearances and other antitrust investigations and litigations. Meanwhile, Carolyn Oddie advises on joint ventures and collaborative arrangements while also leading the firm’s health sector. Ted Hill specialises in the economic regulation of infrastructure, while the ‘excellent’ Robert Walker primarily handles ACCC investigations and litigation. Rosannah Healy is a noted consumer law and regulatory law specialist, while Felicity McMahon advises on all aspects of competition law within the banking, TMT, agriculture, and private equity sectors.
Competition and trade in Australia
Allens
Practice head(s):
Jacqueline Downes
Other key lawyers:
Fiona Crosbie; Carolyn Oddie; Ted Hill; Robert Walker; Rosannah Healy; Felicity McMahon
Testimonials
‘Melbourne team is excellent. Quickly come up to speed with complex industries. The team work well with in-house lawyers and business stakeholders.’
‘Rob Walker is excellent. Pragmatic and sound advice.’
‘The team, and specifically Jacqueline Downes, is exceptionally well experienced, connected and practical in approach. She and her team offer pragmatic advice, and put in the hard work to get the right result.’
Key clients
Australia and New Zealand Banking Group Ltd
Australasian Food Group
Port of Newcastle
Salesforce.com inc
Vocus Group
Veolia Environment S.A.
News Corp Australia
Commonwealth Bank of Australia
Origin Energy
QAF Ltd
Match.com
Pacific Equity Partners
Konecranes
Waterlogic Group Holdings Ltd
TPG
Boston Scientific Corporation
Work highlights
- Acted for ANZ in what has been described as potentially the “biggest white collar criminal case in Australian history” where in 2018, the Commonwealth Director of Public Prosecutions (CDPP) commenced criminal cartel proceedings against Citigroup, Deutsche Bank, ANZ and six individual defendants.
- Acted for Froneri-owned AFG (trading as Peters Ice Cream) in ACCC proceedings where the ACCC alleged AFG engaged in anticompetitive exclusive dealing conduct via its exclusive distribution arrangement with PFD Food Services.
- Acted for Veolia, a French publicly listed provider of water, waste and energy management services, in relation to ACCC merger clearance for its acquisition of Suez, also a French publicly listed provider of water and waste management services.
Ashurst
The competition team at Ashurst works with a range of clients from the worlds of financial services, healthcare, energy, mining, infrastructure and telecommunications sectors on the full spectrum of competition and antitrust issues. The firm is particularly well-versed in merger clearance matters, advising on market inquiries, cartels, regulatory investigations, consumer law, and abuse of dominance matters. The 'fabulous' team leader Alyssa Phillips is trusted by clients on major deals with significant competition law concerns, and is also a driving force behind the firm’s burgeoning anti-bribery and corruption capabilities. Peter Armitage is one of the longest-serving figures in the market, specialising in complex merger clearances and defending clients in investigations by the Australian Competition and Consumer Commission (ACCC). The 'excellent' Ross Zaurrini advises clients on the most sensitive competition law issues, handling both cartel investigations and litigious proceedings. Justin Jones, who heads up the Victoria office, possesses particular expertise in the specialist areas of infrastructure access and energy regulation. Melissa Fraser focuses on competition and consumer law matters within the healthcare, infrastructure and consumer goods sectors, while Tihana Zuk works on cutting-edge competition issues and regulatory developments for major global tech companies.
Practice head(s):
Alyssa Phillips
Other key lawyers:
Peter Armitage; Justin Jones; Ross Zaurrini; Melissa Fraser; Tihana Zuk
Testimonials
‘Ross Zaurrini is excellent. Ross has an excellent knowledge of the competition law issues and the sector specific issues. Ross provides accurate and commercially pragmatic advice.’
‘Melissa Fraser goes out of her way to provide assistance and learn about our business which is absolutely crucial to providing customised legal support and honing our business strategy.’
‘Justin Jones is excellent in the competition space – he provides practical, common sense advice in a quick and timely manner.’
‘Peter Armitage is deeply experienced, possesses fabulous judgment, and is hard-working and responsive.’
‘Melissa Fraser is great to work with, and has deep industry knowledge.’
‘Alyssa Phillips is fabulous in merger clearance, great judgment and wise beyond her years.’
‘Ross Zaurrini is a very capable competition law litigator, and wonderful to work with.’
‘Tihana Zuk is very bright and highly capable, great to work with and very experienced in tech and data markets.’
Key clients
7-Eleven
AGL Energy
AIA International
Air Niugini
Alkaloids of Australia
Arrotex
Aurizon Holdings Limited
Australian Shopping Network Pty Ltd
B.Solar
Bank of America
Cardtronics / NCR
Cement Australia
Cleanaway Waste Management
Commonwealth Bank of Australia
Downer EDI
EnergyAustralia
Fletcher Building
GLNG
Goldman Sachs
Hipages
Imperial Brands
Informed Sources
Kellogg
Lendi
McLaren
NBN Co
Nutrien
SAIC Motor
Singapore Airlines
Uber
Woolworths
Work highlights
- Advising Alkaloids of Australia (AoA) on criminal cartel proceedings commenced by the Commonwealth Director of Public Prosecutions (CDPP) on 1 December 2020, following a criminal investigation by the ACCC.
- Acted as Australian counsel for MGM Holdings Inc. (MGM) in Amazon’s acquisition of MGM. Successfully secured ACCC merger clearance for Amazon’s acquisition across multiple jurisdictions including the US, EU, UK, Brazil, Australia.
- Provided competition advice and support to The Victorian Department of Treasury & Finance in relation to negotiations with the Port of Melbourne Operations following the Essential Service Commission’s (ESC’s) findings in August 2020 under the Port Management Act 1995 (Vic) that the Port had market power in relation to setting rents at the Port of Melbourne, and the use of that power had caused material detriment.
Clayton Utz
Clayton Utz possesses a depth of expertise across all aspects of competition law, advising on some of the most high profile M&A deals with significant clearance concerns. Beyond this, the firm is a leading name in international cartel work, restrictive trade practices matters, and access and regulation. As national practice leader, Kirsten Webb is a highly capable advisor on complex antitrust litigation, merger clearance, and Australian Competition and Consumer Commission (ACCC) investigations. Michael Corrigan is an ‘outstanding resource’ for clients, with over 30 years of experience handling the full spectrum of consumer law – focusing particularly on regulatory investigations, cartels, and merger control. Elizabeth Richmond is another key figure within the practice, working on a broad range of enforcement matters brought by the ACCC and other regulators.
Practice head(s):
Kirsten Webb
Other key lawyers:
Michael Corrigan; Elizabeth Richmond; Bruce Lloyd; Mikhel Wilding
Testimonials
‘The Clayton Utz practice possesses real expertise in competition law issues and an excellent feel for the regulator. Being a large team, I can access resources where and when needed; and are very easy to work with.’
‘Kirsten Webb is an excellent competition law partner. She is available whenever needed, she delivers on time and when required, and she is prepared to discuss and structure fees appropriately to reflect the work’s value (not necessarily based on the time taken).’
‘The team understands our business, everything from our purpose, to our not for profit status, and their advice is tailored accordingly.’
‘Michael Corrigan is an outstanding resource, his relationship with and knowledge of the ACCC has assisted us immensely over time. Every member of the team we have dealt with have been subject-matter experts, excellent at navigating difficult situations and providing sound advice.’
‘Elizabeth Richmond has deep knowledge of our business and applies it practically to every transaction.’
‘They have highly experienced and knowledgeable practitioners who approach matters in a thorough and methodical way, and they are a pleasure to work with.’
‘Stand out partners include Kirsten Webb and Elizabeth Richmond. Excellent senior lawyers include Trina Storm, Julia Millar and Paul Shin. All have extensive knowledge of competition law, extensive experience and sound judgment.’
Key clients
Nuance Communications, Inc.
Woolworths Group Limited
Slack Technologies, Inc
thyssenkrupp
Advanced Micro Devices
Nbn
Port of Newcastle
Western Sydney Airport
National Intermodal Company
Tyro Payments Limited
Gateway Network Governing Body Pty Limited
Volkswagen
Medical Technology Association of Australia
APLNG
Merck Sharp & Dohme
Optus
Westpac
Toyota
Hello Fresh
Dye & Durham
Work highlights
- Acted for Nuance on the Australian competition aspects of its USD $19.7bn sale to Microsoft Corporation. The ACCC commenced a public review on 12 August 2021 and decided not to oppose the transaction on 7 October 2021. The transaction was also subject to review by the DOJ in the US, the CMA in the UK, and the European Commission, among other authorities.
- Acting for Port of Newcastle (PON) on an arbitral dispute under Part IIIA on terms and conditions of access to Australia’s largest bulk export port by Glencore by ACCC, re-heard by Australian Competition Tribunal and on appeal to the Full Court of Federal Court and High Court with two hearings in the High Court in 2021.
- Act for Apple defending against Epic Games before the Federal Court of Australia, the Full Court, and High Court on interlocutory disputes.
Gilbert + Tobin
A strong choice for a wide array of domestic and international clients, Gilbert + Tobin advises on the full range of business-critical competition law issues, including merger clearances, enforcement, market studies and authorisations. Practice head Elizabeth Avery regularly helms cutting-edge antitrust matters for some of the firm’s biggest clients, including multinational tech companies and financial services providers. Charles Coorey‘s competition expertise is most keenly concentrated in enforcement matters and merger clearance applications. Simon Muys heads up the Melbourne practice, advising widely on general competition and antitrust law, as well as the regulation of utilities and infrastructure. Louise Klamka possesses extensive experience advising in relation to the Competition and Consumer Act, as well as on ACCC investigations, cartel prosecutions and immunity applications. Gina Cass-Gottlieb left the team in 2022 to become the new Chair of the ACCC.
Practice head(s):
Elizabeth Avery
Other key lawyers:
Charles Coorey; Simon Muys; Susan Jones; Louise Klamka
Testimonials
‘The team present to us as very engaged in our industry – they understand the issues, nuances, challenges and are incredibly pragmatic in the advice that they provide.’
‘Simon Muys is fantastic. He makes it is business to keenly understand our industry, the challenges we face, the political climate around decisions we take and the overall factual matrix we operate within. Simon is very well-placed to provide us with advice that is strategic, commercial, pragmatic and most importantly he is passionate about our business.’
‘Gilbert + Tobin are strategic leaders in the competition and regulatory space. They have the largest practice and also a great depth of practice, which means they are able to provide tailored service at all levels.’
‘Louise Klamka is a great junior partner who brings a really broad range of experience to bear. She’s a safe pair of hands and is highly responsive to client needs.’
‘GT’s competition team is clearly the best in the business. They have been for so long. It doesn’t matter who you get – from partner right down to junior lawyer. Their advice is consistent, timely and most importantly, always correct. We couldn’t be happier.’
‘Over the last 12 months, we’ve worked with partners such as Elizabeth Avery and Louise Klamka and lawyer Asha Keaney. Their work has been exceptional and we wouldn’t even look at going anywhere else.’
‘Professional and deeply experienced.’
Key clients
Westpac Bank/BT Financial
Wesfarmers Limited
Telstra Corporation
BlueScope
Virgin Australia
CSR Limited
Jemena
Aon
Ausgrid
Qube Logistics
NSW Ports
Carnival Cruises
Coca-Cola Amatil
Expedia
Tabcorp
Microsoft
GrainCorp
ASX Ltd
Coles Group
ABInBev/CUB
Fitbit
Alstom
Elanco
Mylan Inc
Korean Airways
Work highlights
- Advising Microsoft in its competition clearance in Australia in relation to its USD $68.7bn acquisition of Activision Blizzard.
- Acting for BlueScope in relation to the ACCC’s investigation of alleged price fixing cartel conduct relating to the supply of steel products in Australia in the period from late-2013 to mid-2014.
- Representing NSW Ports in Federal Court proceedings commenced by the ACCC in connection with the terms of the privatisation of Port Botany and Port Kembla.
Herbert Smith Freehills
Herbert Smith Freehills‘ competition, regulation and trade team is best known for its capabilities in complex and high-profile mergers, with notable recent highlights including IFM’s acquisition of Sydney Airport. Beyond its transactional pedigree, the team is seasoned in Australian Competition and Consumer Commission (ACCC) enforcement matters and regulatory concerns, most notably within the energy, telecoms, infrastructure and financial services sectors. Team leader Linda Evans is a prominent name in the market with experience in all aspects of competition law, particularly in contentious matters, complex mergers and third party access. Patrick Gay is a seasoned advisor on distribution arrangements, cartel arrangements, complex merger matters and regulatory enforcement. Promoted to partner in May 2022, Patrick Clark specialises in complex and contested merger clearances and ACCC investigations. Special counsel Stephanie Panayi joined the team in March 2021 after having worked in-house at Westpac.
Practice head(s):
Linda Evans
Other key lawyers:
Patrick Gay; Sarah Benbow; Patrick Clark; Stephanie Panayi
Key clients
Seven West Media
BHP Ltd
AGL Energy Ltd
Visa
National Australia Bank
Commonwealth Bank of Australia
Citigroup
Ampol
ANZ
Metcash Ltd
King & Wood Mallesons
With a wealth of experience in multi-jurisdictional matters, King & Wood Mallesons is reputed for its capabilities in complex business-critical merger clearances, market investigations, cartel cases, and Australian Competition & Consumer Commission (ACCC) enforcement matters. The cross-disciplinary group also fields a number of accomplished competition litigators, steered by Peta Stevenson. Routinely turned to by some of the firm’s market-leading tech clients, practice chair Wayne Leach advises on the full spectrum of competition law issues associated with mergers, joint ventures, and regulatory investigations. Caroline Coops, a ‘sector-leading practitioner‘ in the Australian market, is an expert in complex merger clearance matters, regulatory investigations and consumer protection litigation. Lisa Huett helms a number of major ACCC regulatory investigations, while Simon Cooke handles major transactions in the infrastructure sector. Tamara Hunter specialises in regulatory investigations, litigation and commercial advice, while special counsel Christopher Kok handles high-profile competition and trade law matters associated with major transactions. Luke Woodward, who recently joined the team from Gilbert + Tobin in June 2022, is a renowned practitioner who regularly advises clients on consumer law investigations, merger clearances and infrastructure regulation. Sharon Henrick has retired.
Practice head(s):
Wayne Leach
Other key lawyers:
Lisa Huett; Caroline Coops; Peta Stevenson; Simon Cooke; Tamara Hunter; Christopher Kok; Luke Woodward
Testimonials
‘King & Wood Mallesons’ competition team is an absolute standout. Technically, they are excellent, with fantastic industry knowledge and connections. However, what I most appreciate about the team is that it comprises enthusiastic and dynamic individuals who are a pleasure to work with and who go to great lengths to understand the client’s needs. There is no team I would rather work with, in any law firm, or any area of practice.’
‘Peta Stevenson is my go-to for Competition law matters – no other name crosses my mind. Peta is enthusiastic, knowledgeable, approachable and an excellent leader. I think what makes Peta so special is that she achieves the best for her clients by fostering a team in which everyone feels supported and valued, which encourages and allows them all to thrive. Jacqueline Ibrahim is a standout senior associate. She is extremely hard-working, dedicated, thoughtful and a genuine pleasure to work with no matter how challenging the task.’
‘KWM’s competition practice is extremely client focused, and they are constantly looking for ways to provide the best level of service. They consistently deliver great results and work product on time. They also are standout in terms of bringing in other teams / disciplines to ensure their advice covers all facets (even when not explicitly asked for). They are a great, solid team and reliable advisors.’
‘Wayne Leach is the key competition team partner who is an effective leader for the practice. He readily is able to provide both strategic and details-oriented advice, steps up at crunch times or when under pressure, and always makes himself available, which is particularly valued for us as a global tech company. He has a real focus on client service and always takes feedback on board.
‘Luke Woodward has just joined the KWM practice and that is a phenomenal addition to the team – bringing real strategic thinking and experience, a key dynamic which will lift the KWM practice up to the next level.’
‘The stand-out partner is Tamara Hunter. Professional, skilled in her area of speciality, empathetic, responsive, pragmatic and very commercially minded.’
‘KWM are top of the game when it comes their expertise, client service and legal advice. They don’t just consider the legal issue, but try and bring a balanced business view to the issue too. They have an excellent team of partners with low turnover, meaning they get to intimately understand your business, its drivers and personnel.’
‘Caroline Coops and Simon Cooke are sector leading practitioners in Australia. They have excellent relationships and experience, which are drawn on to deliver commercially focused, digestible, clear and succinct advice. They have an excellent radar for where the material issues are and a client’s focus should be on. Furthermore, they also manage their team particularly well, which is reflected in their team’s dedication to their jobs and growing as individual practitioners and their commitment to achieving the client’s desired outcomes. The whole team was a pleasure to work with.’
Key clients
Meta
Samsung
REA Group
Telstra
Westpac
Deutsche Bank
Lion
A2B
Ricegrowers Ltd/SunRice
Medibank Private
Trivago
Viterra
QBE Insurance
NAB
Transurban
amaysim
Kimberly-Clark Australia
Stockland
7-Eleven
Woolworths
Bristol Myers Squib
ANZ
AGL
Willis Towers Watson
QSuper
Sunsuper
Inghams
IRESS
Bank of Queensland
Flight Centre
Celgene
ComfortDelGro
Zoetis
Woodside
Are Media
United Petroleum
Healius
APA
Work highlights
- Delivered a complete victory for Deutsche Bank, successfully defending the unprecedented, highly complex and lengthy criminal cartel prosecution which arose out of the events connected with the placement of $2.5bn of ANZ shares in August 2015, which was jointly underwritten by Deutsche Bank, Citigroup and JP Morgan.
- Continues to be the key relationship legal firm for Meta, advising on a wide range of complex matters in the technology space, spanning competition, consumer and privacy laws.
- Assisting Woodside with its company-defining merger with BHP Petroleum – including acting as strategic competition advisor and lead global competition counsel for Woodside.
Baker McKenzie
In addition to a prominent merger clearance practice, Baker McKenzie's competition and consumer team is known for handling Australian Competition and Consumer Commission (ACCC) investigations, enforcement matters, and consumer law issues for a wide array of domestic and international clients. Underpinned by the firm’s wider global antitrust and competition group, the team works on multi-jurisdictional cartels, mergers and investigations. Team leader Georgina Foster is a well-known merger clearance specialist who advises on competition law issues related to joint ventures, strategic alliances, and cartel conduct. The 'very impressive' Lynsey Edgar focuses on competition and consumer law, specifically in the field of complex merger clearances, ACCC enforcement actions, and cartel investigations. Helen Joyce handles prosecutions launched by the ACCC, while Alex Wolff is noted for his experience in a range of sensitive corporate and regulatory matters.
Practice head(s):
Georgina Foster
Other key lawyers:
Lynsey Edgar; Alex Wolff; Helen Joyce; Jake Spain
Testimonials
‘Their local knowledge and excellent local and global network connections make a difference. All international firms promote the efficiency of their networks, but in practice, many have little value to offer. As a global business, we need good network relationships, not mere referrals. They can project manage for us across many borders.’
Top legal knowledge, commercial sensibility and project management skills, and excellent relationships we can align with.’
‘I think there is a depth of talent so that the partners have very detailed knowledge of the matters and the senior associates are performing at a very high standard.’
‘Helen Joyce possesses very detailed matter knowledge, good rapport with clients, and good knowledge of case law. Jake Spain is very hard-working, detail-focused, and supplies a good final product.’
‘A good understanding of our business and good response times – both to requests for meeting and with advice. Advice is commercially sound and solutions based’
‘Lynsey Edgar and her team are my contacts. Lynsey has a good understanding of our business and is good at dealing with non lawyers who sometimes have difficulties knowing why they think there might be a competition problem. She is a reassuring voice and as a result they are happy to seek her practical advice.’
‘Lynsey Edgar is very impressive in her work, including her focus on tailoring advice to the clients’ needs, and understanding the clients’ commercial drivers.’
‘Lynsey Edgar is fantastic. She’s incredibly responsive, helpful and pragmatic, and is technically very strong. I really value working with her, as do my team members.’
Key clients
SUEZ
Mastercard
WiseTech
Australian Competition and Consumer Commission
Sika AG
Mercedes-Benz Australia/Pacific
Australian Energy Regulator
Fujifilm Australia
JB Hi-Fi
British American Tobacco
Airbnb
Work highlights
- Acted for SUEZ in Australia in relation to this international GCR award-winning global takeover. We successfully obtained ACCC merger clearance in respect of Veolia’s global merger with SUEZ.
- Acted for WiseTech to successfully defend competition claims brought by a customer (MVGL) in the Federal Court of Australia.
- Acting for Sika in relation to its EUR 5.2 billion global acquisition of MBCC Group in relation to Sika’s application for informal merger clearance from the ACCC in Australia.
Corrs Chambers Westgarth
The growing competition and international trade team at Corrs Chambers Westgarth advises on the full range of competition, antitrust and regulatory issues, with a core focus on merger control, cartel defence, behavioural investigations and antitrust litigation. The team also routinely advises on multi-jurisdictional mergers within the healthcare, energy, telecoms and financial services sectors. Mark McCowan leads the competition side of the team, with a workload containing a mixture of high profile merger clearances, major investigations and litigation cases. The international trade work is led by Andrew Korbel who represents private and public sector clients on complex commercial litigation and public law disputes. In the trade space, he works with clients to navigate trade investigations and disputes on a national and international level. Ian Reynolds was promoted to partner this year, managing complex mergers, cartels and investigations.
Practice head(s):
Mark McCowan; Andrew Korbel
Other key lawyers:
Ian Reynolds; Jodi Gray; Richard Flitcroft
Testimonials
‘The expertise, dedication and capability of lawyers that support the competition practice are key strengths of Corrs Chambers Westgarth.’
‘Richard Flitcroft has been the primary partner engaged by our in-house legal team to advise on a variety of competition and consumer law matters. His skill set is diverse and specific industry expertise dealing with regulators valuable in identifying strategic approaches to take in complex situations.’
‘Makes the effort to understand our business, provides valuable resources.’
‘Mark McCowan and Ian Reynolds are both fantastic. Value their attention to detail, practical advice, willingness to explain complex areas and efforts to understand our business.’
‘Corrs team in international trade law possesses both the expertise and experience to advise and assist clients efficiently and effectively, especially from a litigation perspective.’
‘Andrew Korbel possesses both the expertise and experience to advise and assist clients efficiently and effectively, especially from a litigation perspective.’
‘Jodi Gray and the team did an absolutely amazing job for us, in a situation where even some of our people did not believe a positive outcome was possible.’
‘Jodi Gray was amazing in all aspects – hearing about the business, building an argument, filtering the best inputs for an outcome and ultimately managing all the parties involved.’
Key clients
Facebook (Meta)
Fuji Xerox Australia
Avast
Medibank
Wesfarmers
National Australia Bank
TPG Telecom
BlueScope
Press Metal Group
Work highlights
- Appointed to defend Google in a landmark private antitrust litigation commenced by Epic Games.
- Successfully acted for Meta on its USD $1bn acquisition of Kustomer, a provider of customer relationship management (CRM) software.
- Assisting Press Metal Group with an accelerated review of anti-dumping measures, a response to a demand for back-payment of millions of dollars or retrospectively imposed duties, and various issues arising from an inquiry into whether anti-dumping measures on aluminium extrusions exported to Australia from Malaysia should be continued, or expire.
Minter Ellison
Minter Ellison enjoys a strong market reputation on account of its proficiency in high-value domestic and international merger clearances, complex cartel investigations – including ACCC-driven matters – and litigation. Paul Schoff, who heads up the competition, risk and regulatory group, is routinely sought out for his ‘world-class’ expertise in a range of significant competition law matters. Miranda Noble regularly advises on high-profile global merger matters, complex behavioural matters, and ACCC investigations. Following his promotion to partner in January 2021, Haydn Flack has continued to works on a number of ACCC merger clearances and behavioural matters, including high-profile litigious proceedings. Tom Faulls stands out at the associate level, advising on the competition aspects of mergers, as well as in restrictive trade practices investigations.
Practice head(s):
Paul Schoff
Other key lawyers:
Haydn Flack; Miranda Noble; Geoff Carter; Katrina Groshinski; Tom Faulls
Testimonials
‘Paul Schoff is a world-class expert and one of the smartest practitioners in his field, providing commercial and practical advice. The Minters team also has excellent industry knowledge across many sectors.’
‘Minters have a very strong team with a great deal of experience in this field. Their advice has been excellent and extremely well communicated. They have strong contacts in this area, bringing very experienced barristers and consultants to the table when necessary. Their strength lies in matching their individuals both internal and external to their customer, especially when emotions can be running high.’
‘Haydn Flack has been advising us for many months, and his advice on a very complex matter has proven to be excellent.’
‘We worked predominantly with Miranda Noble and Tom Faulls on a large and complex merger case. The team was great – very responsive and clear, practical advice on procedural as well as substantive aspects. The team was also very efficient in handling the technical aspects around the submission of the client’s internal documents to the ACCC.’
‘Miranda Noble is always on top of the details, provides great and clear advice, and possesses a good understanding of the Australian role in the wider global process.’
Tom Faulls is very responsive, and provides clear and to-the-point advice. Very good understanding of the client’s products.’
‘Paul Schoff and Haydn Flack are exceptional – they are technically very strong, commercially savvy, generally accessible, and understand the industry in which we operate.’
‘The team are highly responsive and quick to understand the industry and commercial drivers relevant to the advice provided. Highly collaborative in approach.’
Key clients
Allianz
KraftHeinz
ConocoPhillips
Raytheon
International Air and Transport Association (IATA)
Qantas
Deliveroo
Hertz
Commonwealth Bank of Australia
Global Forest Partners
Cargotec
Insurance Australia Group (IAG)
Optus
AT&T/Warner Media
Cummins
State of NSW
Albemarle
Helloworld
Viasat
Kustomer
Work highlights
- Advised US-based Global Forest Partners with regard to competition clearance for forestry assets that it buys and sells in Australia.
- Advised Kustomer on Australian competition aspects relating to its acquisition by Facebook, with a reported value of approximately USD 1bn.
- Represented the State of NSW in defending high-profile competition law litigation brought by the ACCC, where the ACCC alleged that certain clauses in NSW Ports’ agreement with the State relating to the privatisation of Port Botany and Port Kembla had an anti-competitive purpose and effect in contravention of Australian competition law.
Norton Rose Fulbright
Steered by practice chair Nick McHugh, Norton Rose Fulbright advises various blue-chip companies – both listed and unlisted – and public bodies on a wide array of competition matters, including some of the most complex merger clearances, transactions, and ACCC investigations taking place in the market, both domestically and internationally. Martyn Taylor possesses almost three decades worth of experience working in complex competition matters, including joint ventures and international market access issues. Andrew Riordan frequently advises on consumer law and associated contentious proceedings. Belinda Harvey has left the practice to join White & Case.
Practice head(s):
Nick McHugh; Martyn Taylor
Other key lawyers:
Andrew Riordan; Claire Forster
Key clients
1st Energy
Ashley & Martin Pty Ltd
ACC
Australian Energy Regulator
Connective
Danfoss A/S
Energizer Brands LLC
GlaxoSmithKline Plc
Goodman Fielder
Honda
HSBC
Snowy Hydro
Landis+Gyr
Medibank Private Limited
Megaport Limited
Mercer Investments Australia
Metcash Trading
Pfizer Australia
Sandvik AB
Schindler Lifts Australia Pty Ltd
South 32
Total Gas & Power Asia Private Limited
Toyota Australia
TPG Telecom
Viasat
Vodafone Group
Volkswagen Group Australia Pty Ltd
World Wide Fund for Nature (WWF)
Wesfarmers
WPP AUNZ
Wilmar
Work highlights
- Achieved Australian Competition & Consumer Commission (ACCC) clearance for Stanmore’s AUD 1.68bn acquisition of BHP’s 80% interest in BHP Mitsubishi Coal.
- Successfully obtained competition clearance for Sandvik Mining and Rock Solutions, a subsidiary of Sandvik AB, in relation to its AUD 1.4bn acquisition of DSI Underground.
- Achieved Australian Competition & Consumer Commission (ACCC) clearance for the Australian component of an AUD 4.1bn global transaction in Phase I without remedies.
Allen & Overy LLP
Based in Sydney, Allen & Overy LLP‘s ‘responsive and informative‘ competition team advises clients from across the APAC region on all aspects of competition law. The team is particularly focused on merger control, antitrust litigation, and market investigations, with a strong behavioural practice covering cartels and anticompetitive conduct investigations. The practice is led by Peter McDonald, a former senior officer at the ACCC whose expertise encompasses transactional advice, merger clearances, joint ventures, and access to infrastructure. Stefanie Benson has left the firm.
Practice head(s):
Peter McDonald
Testimonials
‘The team I worked with were responsive, informative and always willing to find solutions to a desired commercial outcome. Starting with an outcome in mind and then finding legal solutions is the ideal deliverable for a client.’
‘The individuals I worked with were prompt, knowledgeable and able to meet extreme deadlines. When you need something sensitive done quickly and to a high standard, that’s when I’d go to A&O.’
Key clients
Property Exchange Australia Limited (PEXA)
Singapore Telecommunications Limited
A Swedish conglomerate
BHP
George Weston Foods
Alinta Energy
Dulux
United Overseas Bank
Engie
DLA Piper
In addition to regularly receiving instructions from the ACCC in respect of market-shaping transactions and enforcement proceedings, DLA Piper's competition and regulatory team advises a number of major Australian companies on high-profile contentious and non-contentious matters across the full spectrum of competition and trade law. Melbourne-based practice chair Simon Uthmeyer is noted for his experience in merger clearances, cartel investigations, anticompetitive business practices, and abuse of dominance issues. John Fogarty is an experienced litigator who specialises in regulatory enforcement matters, while Fleur Gibbons focuses on competition and access law, as well as economic regulatory requirements.
Practice head(s):
Simon Uthmeyer
Other key lawyers:
Fleur Gibbons; John Fogarty
Key clients
Perth Airport
Australian Competition and Consumer Commission
CitiPower, Powercor and United Energy
Australian Securities and Investments Commission
Dalrymple Bay Coal Terminal
Cairns Airport
Gold Coast Airport
Australian Health Services Alliance
Australian Airports Association
Lake Vermont Resources
Queensland Competition Authority
Work highlights
- Represented Perth Airport in proceedings against Qantas to recover unpaid airport usage charges on the basis of a claim in Quantum Meruit.
- Acted for the ACCC when Virtus notified the ACCC of its intention to acquire Adora Fertility on 30 August 2021 and subsequently provided very limited information.
- Advised ASIC in an investigation into ANZ Banking Group (ANZ) concerning allegations that ANZ overstated credit card balances.
Jones Day
Drawing on the firm's considerable global network, Jones Day possesses strong capabilities in a range of cross-border antitrust and competition matters. The 'very strong' team regularly represents clients in national merger clearances, competitor collaborations, supply arrangements, market inquiries and abuse of dominance investigations in key industry sectors such as energy, aviation, healthcare, entertainment and financial services. Matthew Bull is regarded as 'an excellent competition lawyer' who advises on all aspects of competition, regulatory and consumer law - particularly in the energy and natural resources sectors. He regularly advises clients on joint ventures, access to infrastructure and economic regulation. The 'highly intelligent and hard-working' Prudence Smith - formerly of the ACCC’s merger investigations unit - is experienced in transactional and litigation matters.
Practice head(s):
Matthew Bull; Prudence Smith
Testimonials
‘Their exceptional technical knowledge and practical solutions.’
‘Prudence Smith is outstanding. She is always available and able to solve complex competition issues practically and in a timely way.’
‘Jones Day’s competition practice (under Prudence Smith) is our preferred Australian competition practice. Prudence has exceptional knowledge of competition law issues. She delivers pragmatic, commercial, timely and thorough advice, and we have unwavering confidence in her advice.’
‘Prudence Smith has exceptional availability and engagement for a partner. She is always willing to make herself available to workshop any issue, no matter how small. She is a strong communicator who can explain highly complex topics to lawyers and business clients alike.’
‘Prudence Smith is highly intelligent and hard-working’
‘Jones Day have a very strong competition team. They have an excellent understanding of the law and able to accurately predict how the regulator will respond.’
‘Matthew Bull is an excellent competition lawyer with strong understanding of market definition and a canny ability to be able to predict how the regulator will react. He is a pleasure to work with and has a deep understanding of clients’ businesses.’
Key clients
Tassal Group Limited
Network Ten
Apollo Tourism & Leisure Ltd
Parker Hannifin
Brookfield Asset Management
The Duchossois Group
LGIASuper
Cooper Tire & Rubber Company
Sedgwick
Work highlights
- Providing competition representation to Apollo Tourism in relation to its proposed merger with Tourism Holdings Limited in Australia, New Zealand and the UK.
- Serving as antitrust counsel to The Duchossois Group in the sale of The Chamberlain Group LLC.
- Advising Brookfield on competition issues relating to the sale of its 50% interest (along with SAS Trustee Corporation, the owner of the other 50%) in GeelongPort to Palisade and Spirit Super for AUD 1.2bn.
Johnson Winter Slattery
Retained by a number of multinational corporates and large public and private bodies, Johnson Winter Slattery regularly acts in business-critical cartel cases, access to infrastructure cases, merger clearance issues, and a variety of other enforcement matters – both for and against the ACCC. Practice head Sar Katdare‘s wide focus encompasses major merger matters, criminal and civil cartels and ACCC investigations, both domestically and internationally. Aldo Nicotra helms high-profile ACCC investigations and prosecutions, and also providing corporates with competition advice and acting on merger filings. Michele Laidlaw, who re-joined the team Qantas in 2021, specialises in merger reviews, federal court litigation, and consumer protection law.
Practice head(s):
Sar Katdare
Other key lawyers:
Aldo Nicotra; Michele Laidlaw; Tom Jarvis
Testimonials
‘They have great knowledge of the matter at hand and give balanced and measured advice. They are willing to consider alternative points of view in looking at a matter.’
‘Deep knowledge and experience in all aspects of competition law enabling fast, pragmatic and on point advice at all times. Much better than the textbook approach I have seen elsewhere.’
‘Sar Katdare made it his business to understand our operation and to stay on top of what we do. This has meant he has become a key and trusted adviser over the last 10 years. Sar is always available and his knowledge of competition law, how the law works in practice, and the expectations of the ACCC are top-notch. Ably supported by Alex Kench.’
‘The team takes a very commercial and pragmatic approach to advice, taking the time to understand the client’s unique business circumstances and apply the law in a bespoke way.’
‘Sar Katdare takes the time to understand the businesses he works with, and provides practical advice that is easy to operationalise. He communicates to internal business teams very effectively, condensing the complex into clear, actionable information. Sar also has a very down-to-earth approach, which is greatly appreciated.’
‘Sar Katdare and the team are excellent because they have a combination of deep expertise, sound industry knowledge and commercial acumen.’
‘Sar Katdare is uniquely talented at making competition law interesting for non-lawyers. Every training session that he runs, I receive positive feedback about him and his approach. When dealing with me as a General Counsel, his advice helps me to increase my knowledge about competition law so that I can answer some questions myself the next time the situations arise.’
‘The JWS team is always on top of legal developments and helps to educate in-house teams on how those developments could impact their business. A very forward-thinking firm. They are regularly looking at what the emerging trends are, and how they can build or strengthen their capabilities in those spaces to assist their clients in staying ahead of the curve.’
Key clients
Qantas
Ramsay
Unilever
Domain
ACCC
APPEA
InvoCare
Spotify
A2MC
Pepsi
Prysmian
Work highlights
- Acting for Qantas Airways Limited in relation to the ACCC informal merger clearance process for its proposed acquisition of the remaining shares in Alliance Aviation Services (Alliance) that is does not already own.
- Defended a two-year ACCC investigation into alleged competition law breaches by Unilever including exclusive arrangements and concerted practices, resulting in no prosecution or administrative action.
- Advised FPH in relation to the re-certification of the South Australian Ports Access Regime, which regulates how privately-owned port operators such as FPH provide access to maritime services at proclaimed ports.
K&L Gates
K&L Gates regularly advises on cartel conduct investigations from the ACCC, including misuse of market power matters, and defending litigation commenced by regulatory bodies. The team handles work on behalf of major clients in the automotive, energy, financial services, health, and construction sectors. Ayman Guirguis, who leads the team, a former senior officer at the ACCC who advises in all areas of competition and consumer law.
Practice head(s):
Ayman Guirguis
Other key lawyers:
Jessica Mandla
Testimonials
‘Ayman Guirguis is very knowledgeable on competition and consumer law issues. He is also very easy to work with and has a deep understanding of our business, which makes him a valuable legal partner’
‘The team is easy to work with, practical and proactive. Advice is timely, commercial and cost-effective. Having a multi-jurisdictional competition law practice is relatively rare, but very helpful for global clients.’
‘Ayman is well-respected, experienced and easy to work with. You always feel like he is giving you 110% attention and effort. He is refreshingly practical and realistic rather than being overly conservative. He goes out of his way to keep in touch. As he has clients across a number of industries, he sees a breadth of issues and regulatory engagement which is insightful.
‘Jess Mandla is excellent. She is always across all the details and provides reflective and insightful views. She produces very high quality work and is very switched on.’
‘Highly experienced, professional practice.’
‘Ayman Guirgas is a long-term legal partner and advisor to our business. He has a wide breadth of knowledge and experience which is highly trusted by our team.’
‘Very strong technical knowledge and experience, combined with a high energy/touch approach to clients.’
‘The depth and extent of their experience, and as a consequence a very practical approach to the issues and matters we were dealing with. Of particular value was their understanding of the ACCC as the regulator, the knowledge of the individuals at the ACCC that we needed to deal with, and how best to approach the matter in light of the procedures and expectations of the regulator. Also, a knowledge and awareness of the practical implications for our business of the issues and matters under consideration and how best to approach them.’
Key clients
BlueScope Steel
Sinch
ExxonMobil
HP
Visy Industries
Nutrien Ag Solutions/Landmark
Emerald Grain
Medibank
Honda Australia
National Pharmaceutical Services Association (NPSA)
Americold
Sigma
Reckitt Benckiser
Arnott’s
Ericsson
Standards Australia
GlobalX
HBF
GMHBA
Bare
Merck
Servier
A2B
Samsonite
Bulla (Regal Cream Products)
Activision Blizzard
Proskill Australia
Cummins
Serco
Work highlights
- Advised Stockholm, Sweden-based Sinch AB, a global leader in cloud communications and telecommunications for mobile customer engagement, on the acquisition of communications technology company MessageMedia through a cash and stock transaction valued at US$1.3 billion – reported to be one of the largest technology acquisitions in Australian history.
- Secured merger clearance from the ACCC for GlobalX’s proposed sale to Dye & Durham Corporation for AU$170 million.
- Assisted Atlanta-based Americold on the completion of two acquisitions for this client being AU$1.7 billion acquisition of Agro, including the Doboy business in Brisbane; and AU$106 million acquisition of Lago Cold Stores, also in Brisbane.
Arnold Bloch Leibler
Arnold Bloch Leibler advises clients on some of the toughest ACCC investigations and prosecutions taking place in Australia. Private competition disputes, merger clearances, product recalls, and compliance programs are also key areas of expertise for the team. Practice chair Zaven Mardirossian acts on a wide range of competition and consumer law matters such as anti-competitive activity, mergers and acquisitions, and alleged unconscionable conduct. Matthew Lees focuses on cartels, misuse of market power and merger clearances.
Practice head(s):
Zaven Mardirossian
Other key lawyers:
Matthew Lees
Key clients
Mecca
ME Bank
Zip Co
Tasmanian Ports Corporation
Retail Food Group
Fonterra
Kogan
Hostplus
Industry Fund Services
Cygnett
Confidential retail clients
Honda
Australian Way
Work highlights
- Acted for Mecca in its successful proceeding in the Supreme Court of Victoria against California-based Hourglass Cosmetics.
- Acted for ME Bank in the $1.325bn sale of its business, founded in 1994 by a group of superannuation funds, to ASX-listed Bank of Queensland.
- Acted for ASX-listed Zip Co Limited on its $491m acquisition of US-based buy-now-pay-later provider, Sezzle.
Clifford Chance
Integrated within the firm’s global antitrust team, Clifford Chance's Australian competition practice has particular expertise in handling mergers, joint ventures, market investigations, cartel investigations and antitrust litigation both domestically and internationally. Sydney-based Dave Poddar leads not just the Australian team, but the larger Asia Pacific antitrust group. Regarded by clients as a 'highly commercial and pragmatic lawyer', Poddar is a competition specialist with over 25 years of experience managing merger clearances, joint ventures, and alliances throughout the region.
Practice head(s):
Dave Poddar
Other key lawyers:
Mark Grime
Testimonials
‘Works on the big matters in this area and has up-to-date knowledge on what the regulator is interested in. Efficient in time and always focused on the client’s main goal.’
‘Dave Poddar is a highly commercial and pragmatic lawyer with great instincts in the competition and antitrust area. He understands the political landscape and has good access to the people who matter. Always available and thinking about things that may make a difference, I’ve always found Dave a pleasure to work with.’
Key clients
Glencore Coal
Bunnings
Amazon
Wesfarmers
Lactalis
CBH Group
Bain Capital Credit
KHQ Lawyers
KHQ Lawyers fields a strong cross-disciplinary practice across all aspects of competition, consumer, and regulatory issues. Particular areas of expertise for the team include merger control and antitrust investigations arising from alleged breaches of anti-competitive conduct and consumer protection law. Practice head David Robbins, an IP specialist, is an experienced litigator who regularly deals with the ACCC, handling investigations and enforcement issues.
Practice head(s):
David Robbins
Other key lawyers:
Jeremy Snow; Charles Fisher
Key clients
Mars
Total Tools
Mercer
Asahi Beverages
H.E.S.T Australia Ltd
Qube
Enphase
Monde Nissin Australia
Sanitarium Health Food Company
Ready Media Group
Edge Electrons
TIG Freight
British American Tobacco
Canny Plumbing
Work highlights
- Advising Mars Australia regarding compliance and risk mitigation in negotiating prospective supply and collaboration arrangements with competitors via the implementation of training, commercial protocol, and appropriate contractual framework.
- Defending Total Tools in New South Wales Supreme Court proceedings brought by its competitor, Sydney Tools. The proceedings concern allegations that various persons within the Total Tools head office and franchise network received confidential Sydney Tools information.
- Represented Skybridge in initiating Victorian Supreme Court proceedings against directors of telecommunications contractor Exel Galaxy Technology Services (in liquidation).
Mills Oakley Lawyers
Both domestic and international clients turn to Mills Oakley Lawyers for its specialist capabilities in both civil and criminal cartel litigation, particularly in the technology, food, retail, and manufacturing sectors. The team is led by 'one of the best marketing and competition lawyers in Australia': Kathryn Edghill, an expert in merger clearance and competition law, and one of just two lawyers to have conducted the defence of a criminal cartel conduct trial for an individual.
Practice head(s):
Kathryn Edghill
Testimonials
‘Kathryn Edghill has an excellent commercial understanding of our business, which means that her advice is practical and helps us structure our products and business in a way which is compliant. It’s the way she is able to work closely with our internal business teams as well, which sets her apart. Kathryn makes herself available and is always great to deal with.’
‘A very well-run law firm geared to meet its client’s expectations.’
‘We use Kathryn Edghill exclusively for competition and marketing law. Kathryn is one of the best marketing and competition lawyers in Australia.’
‘Kathryn Edghill has a wealth of understanding and experience on competition law and provides effective and strong guidance on matters.’
‘Professional, experienced and well resourced.’
‘Depth of knowledge combined with capacity to provide sensible commercial advice.’
Key clients
Mazda Australia Pty Ltd
eBay
American Express
LG Electronics
Frucor Suntory
Microsoft Corporation and Microsoft Australia
Vodafone
Avery Dennison
Electrolux
Mylan (Alphapharm), now Viatris
Cameron Harrison
Winning Group
NSW Ports
Evergreen Garden Care company
The Nielsen Company
The TJX Companies Inc
Simplot Australia
CSL Shipping
Klen International
Boost Mobile
Covington & Burling LLP
Expedia, Inc.
Community Light & Sound Inc
Work highlights
- Acted for Cameron Harrison, a former employee of The Country Care Group in the defence of complex criminal charges arising from an alleged attempt to make a price fixing agreement in the medical aids/assistive technology industry.
- Advising eBay on competition related matters in respect of its Australian business, including providing advice and assistance in respect of the ACCC’s ongoing inquiry into digital platforms.
- Represented two ex-employees of Deutsche Bank at separate compulsory examinations by the ACCC in respect of an alleged cartel between ANZ Bank, Deutsche Bank, J.P. Morgan, and others.