Enforcement Compliance & Analysis of Conduct
Overview
We advise and represent clients responding to ACCC enforcement action, and together with Freehills’ broader Litigation group, provide advice and assistance to clients that wish to enforce their rights or defend actions brought by private litigants.
Our experience includes responding to ACCC investigations, seeking immunity for clients in respect of cartel behaviour, seeking authorisation of conduct before the ACCC and/or the Australian Competition Tribunal, and representing clients in proceedings before the courts. Freehills has enabled several major international firms to obtain conditional immunity in Australia in respect of global cartel conduct and to meet their ongoing obligations under the ACCC’s immunity policy.
Examples of work
- C7 litigation: Freehills acted for the Seven Network in its landmark Trade Practices Act proceedings against News Limited, Telstra, PBL and others. This complex action arose out of the bidding for the Australian Football League and National Rugby League pay television rights in 2000. The matter was the largest piece of telecommunications/media litigation in Australian legal history.
- Authorisation of Air New Zealand / Qantas alliance: Freehills acted for Air New Zealand in its successful application to the Australian Competition Tribunal for authorisation of its strategic alliance with Qantas.
- Tabcorp Holdings Limited / Sky Channel litigation: Freehills represented Tabcorp Holdings Limited and Sky Channel in Federal Court litigation against TVN and certain thoroughbred horseracing clubs, involving issues under sections 45, 46 and 47 of the Trade Practices Act 1974. The proceedings were settled, subject to authorisation by the ACCC, and Freehills represented Tabcorp and Sky Channel in the authorisation application.
- Cartel investigations: Freehills has acted for numerous parties in defending ACCC allegations of cartel behaviour including negotiating leniency and settlement agreements.
- Criminal offence investigation by the ACCC: Freehills acted for a corporation alleged to have committed a criminal offence of obstructing an ACCC officer in the conduct of an investigation. After a Freehills submission to the ACCC, the ACCC decided not to pursue the criminal claim.
- VISA price fixing proceedings: Freehills acted for VISA in relation to an investigation of alleged price fixing in setting credit card interchange fees. The investigation was initiated by the ACCC, and subsequently referred to the Reserve Bank of Australia.
- Alinta Gas Transportation Agreement dispute: Freehills acted for Alinta in successfully defending a claim by a shipper for a rebate of gas transportation charges paid under the pipeline access principles which involved a maximum tariff structure.