The trade practices team at gadens melbourne has extensive experience in providing clients with strategic trade practices advice, representation in dealings with the Australian Competition and Consumer Commission (ACCC) and other regulators, and representation in trade practices litigation.
Our specialist team members provide optimum advice and representation by working closely and collaboratively with clients to ensure that we have a complete understanding of our clients business’ and the markets in which they operate. We secure the most positive outcomes possible for our clients in dealings with the ACCC and other regulators, by seeking to maintain trusted relationships with the regulators, understanding and respecting their internal processes and responding to them in a timely manner.
expertise
Our team has extensive experience in all areas of trade practices law. This includes the following:
- mergers advice and clearances, including advising merger parties on the risk of proposed acquisitions contravening the Trade Practices Act 1974 (TPA), advising third parties to mergers wishing to oppose mergers on competition grounds, submissions to the ACCC, representation before the ACCC and assisting clients to respond to statutory demands issued by the ACCC for information and documents;
- obtaining other clearances from the ACCC, including authorisations and notifications;
- advising on whether proposed commercial agreements, such as joint venture agreements, distribution agreements, franchising agreements and supply agreements, risk contravening the competition provisions of the TPA;
- advising on whether supply arrangements, pricing strategies and other market conduct risks contravening the competition or consumer provisions of the TPA;
- advising on the consumer protection provisions of the TPA, including advertising reviews and clearances, reviewing and advising on websites;
- designing trade practices compliance programs to reflect clients’ needs, drafting compliance manuals, conducting trade practices compliance training and auditing compliance programs;
- advising on product liability issues, implied warranties under the TPA, and recalls;
- acting for clients under investigation by the ACCC or other regulators, including advice, representation, and resolution of issues with the ACCC and other regulators; and
- acting in relation to litigation arising from consumer protection issues and competition issues, for both clients initiating litigation and clients defending litigation.
examples of our expertise
Some significant, relevant matters in which gadens melbourne personnel have been involved include:
- acting for the Australian subsidiaries of a global manufacturer under investigation in Japan, the USA, Canada, the EU and Australia for alleged involvement in a global cartel including responding to section 155 notices issued by the ACCC to our clients;
- acting for a number of clients to design and implement trade practices compliance programs. We are currently working on a compliance program for Australian Amalgamated Terminals Pty Limited, a joint venture between P&O and Asciano which operates port terminals throughout Australia;
- acting on major merger matters including Foster’s acquisition of Southcorp, Macquarie Media Group’s acquisition of Southern Cross Broadcasting, Murray Goulburn and Parmalat’s proposed acquisition of Dairy Farmers, Westpac’s acquisition of St George, and Outotec’s acquisition of Ausmelt;
- acting in large scale prosecution and defence litigation under the Trade Practices Act (including acting for the Australian Red Cross in litigation relating to the use of health products, which was taken to a Special Leave Application to the High Court of Australia);
- representing Overton Investments in a long running litigation, which resulted in what is now a leading High Court decision on the correct approach to assessment of damages in Trade Practices Act claims; and
- successfully representing Australian Video Retailers Association in litigation concerning the nature of copyright in DVSs and issues under Part IV of the Trade Practices Act.
