26 April 2023
ACCC proposes major reforms to Australian merger clearance regime
The ACCC has announced a proposal for major reforms to Australia’s merger clearance regime. If implemented by the Government, these reforms will result in substantial changes to the way in which mergers are assessed by the ACCC. We’ve outlined the key features of the proposal and the reasons why...
11 November 2022
Higher penalties and strengthened unfair contract terms regime under amendments to Australian Competition and Consumer Law
The Federal Government has amended the Competition and Consumer Act 2010 (Cth) to increase maximum penalties for contraventions of Australia’s competition and consumer laws and strengthen the unfair contract terms ( UCT ) regime in the Australian Consumer Law. This is what you need to know.
30 June 2022
Asia-Pacific Competition Law Guide 2022
We are pleased to announce the launch of the sixth edition of Herbert Smith Freehills’ Asia-Pacific Competition Law Guide. Since the previous edition of the guide and in the context of the changes brought about by the COVID-19 pandemic, competition authorities across the Asia-Pacific region have...
09 February 2022
3RD ANNUAL CARTELS WORKSHOP WITH CONCURRENCES
The Brussels Competition, Regulation and Trade team continued its partnership with Concurrences and sponsored the 3rd Cartels Workshop which was once again hosted virtually across two days on 19/20 January 2022. Partners Kyriakos Fountoukakos and André Pretorius moderated sessions with esteemed...
03 August 2021
Shipwrecked in the Federal Court: ACCC suffers comprehensive loss against NSW Ports
The Federal Court has handed down its decision in Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd  FCA 720, rejecting the ACCC’s case that the NSW State Government’s port privatisation process contravened the Competition and Consumer Act 2010 ( CCA )...
02 February 2021
2ND ANNUAL CARTELS WORKSHOP WITH CONCURRENCES
The Brussels Competition, Regulation and Trade team continued its partnership with Concurrences and sponsored the 2 nd Cartels Workshop which was hosted virtually across two days on January 20/21 2021. Partners Kyriakos Fountoukakos and Daniel Vowden moderated sessions with esteemed panellists,...
12 May 2020
Full Federal Court dismisses ACCC’s appeal against Pacific National’s intermodal terminal acquisition
The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. 1 In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially...
09 April 2020
Exploring Opportunities: Managing competition issues whilst allowing businesses to collaborate (Australia)
The COVID-19 pandemic has resulted in a rush of applications to the ACCC seeking to authorise coordination as between competitors which might otherwise contravene provisions of the Competition and Consumer Act ( CCA ) .
26 February 2020
ACCC continues focus on tech and essential services as part of broad ranging priorities
The ACCC’s 2020 enforcement priorities provide an insight into its focus areas and a preview of matters that are likely to develop over the course of 2020. This year’s priorities highlight a continued focus on key consumer facing industries, with technology and essential services (such as...
06 February 2020
ECJ rules for the first time on “pay-for-delay” agreements
On 30 January 2020 the European Court of Justice (“ ECJ ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of...
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
21 September 2023
Edinburgh International Arbitration Festival (#ArbFest2023)
Herbert Smith Freehills is a proud sponsor of the inaugural Edinburgh International Arbitration Festival, hosted by the Scottish Arbitration Centre. The event will be held on 21 and 22 September 2023, a year on from the record-breaking International Council for Commercial Arbitration (ICCA)...
21 September 2023
Australian Federal Court finds in favour of former Quintis CEO in directors duties case brought by regulator
The Australian Securities and Investments Commission ( ASIC ) has failed in its action against the former CEO & Managing Director of Quintis Limited ( Quintis ) for alleged breaches of section 180 of the Corporations Act (the duty to act with care and diligence). Following a four-week trial,...
21 September 2023
#FDIFriday – the Global Foreign Direct Investment podcast series
Our latest #FDIFriday podcast series brings together experts from our Global Foreign Investment Regulation Group to discuss the rapidly-evolving FDI regulatory landscape in accessible, digestible podcast episodes to help clients and our wider network keep abreast of the latest developments in this...
19 September 2023
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...
14 September 2023
Talking Shop: A consumer sector podcast series
Expert insights for navigating the big trends and key issues redefining the global consumer sector. From rampant digitisation and supply chain reinvention to sustainability and geopolitical factors, the consumer sector is fast-evolving to meet the challenges – and opportunities – facing companies...
14 September 2023
King's College London International Construction Arbitration Conference 2023
King's College London International Construction Arbitration Conference 2023 Centre of Construction Law and Dispute Resolution 14 September 2023, 09:00 to 17:00 Ashworth Centre, The Honourable Society of Lincoln's Inn, London
13 September 2023
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...