Restrictive trade practices
We advise many clients on:
- the impact of the Competition and Consumer Act 2010 (Cth) on mergers & acquisitions, and the ACCC’s clearance processes
- how to ensure commercial arrangements and agreements, including licensing, distribution and pricing, do not breach the Act
- how to ensure commercial dealings do not constitute cartel (or other anti-competitive) conduct
- the limitations of legitimate exercise of market power
- how to safely agree exclusivity arrangements
- the authorisation and notification processes for obtaining immunity from prosecution for conduct that might otherwise breach the Act.
Advising a client alleged to have engaged in resale price maintenance: This required responses to the ACCC’s extensive requirements for information and documents, developing a proactive strategy for response, making submissions, and conducting negotiations. Our work resulted in the ACCC agreeing to accept undertakings without admissions of breach, avoiding fines and court proceedings.
Assisting a client to comply with the Act’s restrictive trade practices provisions: Our client wanted to change the way it went to market. We assisted with the streamlining and restructuring of our client’s supply and distribution chains to effectively work within the constraints of the Act’s restrictive trade practices provisions, whilst implementing appropriate exclusivity arrangements and imposing appropriate conditions under which their products are to be distributed.
Obtaining informal clearance from the ACCC: We submitted a confidential application to the ACCC on behalf of a client for informal clearance of a potential acquisition of a number of businesses. Our client required clearance in order to approach the liquidator of the target businesses with an unconditional offer. Strategic advice and action enabled our client to place itself in the position of being the favoured bidder.