Competition/Antitrust

Australian competition law

They have a detailed understanding of issues facing our industry and a deep knowledge of competition law; they are therefore able to provide high-level, strategic advice.

Chambers Asia-Pacific

In protecting your strategic position in the market, it's vital that you are armed with creative and commercial solutions to address competition law problems - whether it be defending regulatory investigations and enforcement actions, getting your deal through the ACCC or following advice to avoid complex competition issues.

Our competition team is ranked as one of the leading teams in Australia. We regularly act for blue chip clients on “bet the firm” competition litigation, mergers and acquisitions and cartel investigations. We have extensive experience dealing with the ACCC and the Australian Competition Tribunal, and particular expertise in defending misuse of market power and other competition claims.

We advise major Australian public companies, multi-national corporations and private enterprises on:

  • cartel investigations
  • complex mergers, acquisitions and alliances
  • anti-competitive agreements and understandings
  • misuse of market power issues
  • exclusionary provisions (boycotts)
  • exclusive dealing and third line forcing
  • authorisations, exemptions and notifications
  • third party infrastructure access rights
  • pricing reviews.

Our industry experience spans agricultural commodities, aviation, building products, energy, food manufacturing, information technology, insurance, manufacturing, media, transport and wines & beverages.

Mergers & Acquisitions

  • Qantas Airways: advising on Qantas’ transformational A$2-3 billion alliance with Emirates, including helping expand the analysis beyond route based competition to include competition between hubs. Read more
  • Origin Energy: advising Australia’s largest commercial and retail energy supplier on its A$1.5 billion gas purchase from Beach Energy.
  • Arrium: successfully advising Arrium (formerly OneSteel) on the ACCC competition review process relating to BlueScope Steel’s acquisition of OneSteel’s sheet and coil business. Read more

Cartels

  • Prysmian: defending ACCC proceedings for Australia's largest domestic cartel prosecution in relation to the supply and acquisition of electrical cables.
  • Qantas: defending class action proceedings for global freight cartel.  JWS previously acted for Qantas in relation to regulator proceedings around the world regarding alleged global freight cartel. Read more
  • Prysmian: acting for an Italian subsidiary company of the global Prysmian Group in its defence of civil penalty proceedings brought by the ACCC in the Federal Court over the alleged global cartel agreement to fix the minimum prices for contract tenders for the provision of land and submarine cables. Read more
  • Unilever: advising immunity applicant in ACCC proceedings for alleged cartel conduct.

Litigation

  • Australian Turf Club: successfully defended Australia’s pre-eminent jockey clubs by advancing strategic defence based on international context of rules in support of the rule prohibiting the use of artificial insemination in the production of thoroughbred horses. On appeal to High Court. 
  • Jetstar: defending ACCC proceedings for alleged misleading conduct relating to “drip pricing”. Read more
  • Yahoo!7: defending ACCC proceedings for alleged breaches of the Consumer Law relation to deals offered via Yahoo!7’s online group buying business, Spreets Read more
  • "Highly skilled and capable lawyers who are highly experienced and commercial, with a national network of offices and a commercial fee structure." – Chambers Asia-Pacific, 2015
  • "They have a detailed understanding of issues facing our industry and a deep knowledge of competition law; they are therefore able to provide high-level, strategic advice." Chambers Asia-Pacific, 2015
  • Partner Aldo Nicotra is recognised as a "trusted adviser" and "great strategic thinker."Chambers Asia-Pacific, 2015
  • Head of department John Kench is identified as a "good strategist with good client relations." Chambers Asia-Pacific, 2015 
  • Well-regarded partner Michele Laidlaw is valued by clients for her "business-targeted and commercial advice" as well as her "technically impressive legal expertise and strong economics background."Chambers Asia-Pacific, 2015
  • Sar Katdare is praised by clients for his "excellent, commercial approach to problem solving." Chambers Asia-Pacific, 2015
  • Anthony Groom is praised by clients for his commitment and client service. – Chambers Asia-Pacific, 2014
  • Peter Rose has a great breadth and depth of knowledge in the industry and is a great communicator. He goes above and beyond in the interest of the company. – Chambers Asia-Pacific, 2014
  • Johnson Winter & Slattery's ‘experience in the aviation industry is hard to replicate’.– Asia Pacific Legal 500, 2015
  • Sar Katdare is noted for his 'great depth of knowledge of the broader matters that drive competition law' – Asia Pacific Legal 500, 2014
  • Aldo Nicotra has 'significant competition law experience for major corporates' – Asia Pacific Legal 500, 2014
  • The 'technically impressive' Michele Laidlaw combines 'legal experience with a strong economics background' – Asia Pacific Legal 500, 2014
  • Aldo Nicotra is ranked as a Band 1 leading lawyer in Competition/Antitrust – Chambers Asia-Pacific, 2015
  • Peter Rose is ranked as a Band 1 leading lawyer in Energy & Natural Resources – Chambers Asia-Pacific, 2015
  • John Kench is ranked as a leading lawyer in Competition/Antitrust – Chambers Asia-Pacific, 2015
  • Michele Laidlaw is ranked as a leading lawyer in Competition/Antitrust – Chambers Asia-Pacific, 2015
  • Sar Katdare is ranked as a leading lawyer in Competition/Antitrust – Chambers Asia-Pacific, 2015
  • Anthony Groom is ranked as a leading lawyer in Energy & Natural Resources – Chambers Asia-Pacific, 2015
  • John Kench is named as a leading lawyer in Competition and Trade – Asia Pacific Legal 500, 2015
  • Anthony Groom is named as a leading lawyer in Energy Law and Regulatory Practice – Best Lawyers Australia, 2014 
  • Peter Rose is named as Melbourne lawyer of the year in Energy Law and Oil & Gas, and named a leading lawyer in Regulatory Practice – Best Lawyers Australia, 2014 
  • Rohan Madders is named as a leading lawyer in the categories of Energy and Regulatory Practice – Best Lawyers Australia, 2014 
  • John Kench is named as a leading lawyer in Competition Law and Regulatory Practice – Best Lawyers Australia, 2014 
  • Aldo Nicotra is named as a leading lawyer in Competition Law – Best Lawyers Australia, 2014 
  • Roxanne Smith is named as a leading lawyer in Litigation and Regulatory Practice – Best Lawyers Australia, 2014 
  • Michele Laidlaw is named as a leading lawyer in Competition Law – Best Lawyers Australia, 2014