
Competition and Consumer
Navigating the ACCC’s strict controls to ensure ongoing compliance
McCullough Robertson supports listed and proprietary companies in connection with market competition and consumer law regulation, and in their dealings with the Australian Competition and Consumer Commission (ACCC) action. From developing and facilitating compliance programs, providing training, engaging with the ACCC and making regulatory filings, we ensure our clients remain competitive, but compliant.
Merger control and acquisition guidance
For both Australian and international companies pursuing mergers or acquisitions, we provide strategic advice and can obtain critical regulatory approvals clearance. Alongside our experienced mergers and acquisitions and international teams, our competition law experts ensure our clients can successfully navigate Australia’s merger control and international investment rules with minimal commercial disruption, to achieve sustained economic success.
Support around cartel conduct awareness and investigations
Our clients rely on us to advice on complex commercial issues to ensure they avoid cartel conduct risks, including through implementing compliance programs and conducting staff training. We also assist with ACCC queries and investigations including raids, searches, and formal interviews – we can negotiate enforceable undertakings with the ACCC, seek immunity for cartel informants and implement measures for future-focused compliance. Alongside our experienced litigation and dispute resolution team, we also defend competition claims in court proceedings and minimise personal and financial repercussions for executives.
Anti-competitive conduct risks
We see the potential competition law risks in everyday dealings, and product strategic, practical guidance to navigate these issues. We provide guidance on the competitive implications of exclusivity clauses, non-compete clauses and boycotts, and other non-contractual arrangements and understandings that may pose anti-competitive conduct risks.
Consumer protection
Our cross-disciplinary expertise enables our corporate and intellectual property teams to jointly provide advice on all key consumer protection measures under Australian Consumer Law, including misleading or deceptive conduct, false and misleading representations, unconscionable conduct and unfair contract terms, price display obligations, statutory guarantees, product safety, liability and recalls, product labelling and unfair sales practices.
Navigating the complexities of competition and consumer law and safeguarding your organisation’s commercial interests. Always.
Our legal expertise
Blue Ribbon Rice
Advising SunRice on the acquisition of Blue Ribbon Rice. We acted in the ACCC merger clearance review of a 2-to-1 merger, successfully arguing it was an acquisition of a failing firm.
Envirospheres Pty Ltd
Assisting Envirospheres in resisting an exclusive dealing notification lodged by Coal Reuse relating to a 15 year exclusive contract with Stanwell for coal combustion products, and subsequently successfully lodged an exclusive dealing notification for Envirospheres for a similar arrangement.
RACQ
Assisting in successfully obtaining ACCC authorisation of an RACQ warranty repair program where independent motor repairers who are members of RACQ’s preferred providers program would honour each other’s repair warranties for RACQ members and charge each other a set amount for the repairs.
Telstra Corporation Ltd
Advising on the competition law implications of proposed wholesale mobile arrangements with various major mobile resellers.
Major natural foods producer
Advising on competition law claims against a competitor for misuse of market power arising out of aggressive market conduct.
Resources company
Advising one of the world’s largest resource companies on allegations of cartel conduct from the ACCC.
Leading global food company
Assisting a leading global food company to secure ACCC clearance of a 3-to-2 merger without the ACCC issuing a statement of issues.
Major UK department store
Advising on requirements for operating an online store based overseas for Australian customers, including statutory guarantees and product safety requirements.
Major franchisors
Advised major franchise operators on the impact of the unfair contract terms legislation on their franchise agreements with small business franchisees, and prepared appropriate changes to the franchise agreements to remove unfair terms.
News and insights
Your competition and consumer team
Let us keep you across the latest developments