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Competition and Trade Practices

HopgoodGanim's competition and trade practices team provides specialist advice to our clients to ensure they remain ahead of one of the most dynamic areas of law in the corporate arena.

By developing a deep understanding of each client's situation, we provide sophisticated advice that takes into account the commercial realities and legal practicalities faced by companies today. Our team takes a proactive approach, helping our clients to plan and execute business strategies that minimise the risk of litigation in the future.

Our competition and trade practices team works together with our corporate and dispute resolution practices to provide advice on both contentious and non-contentious issues. With extensive experience responding to and defending ACCC prosecutions, we actively guide our clients through the process to achieve the best outcome possible.

Areas of Expertise

  • Competition law and policy
  • Industry specific regulation and access regimes
  • Developing and implementing compliance programs
  • Delivering training programs and seminars
  • Fair trading and consumer protection
  • ACCC investigations
  • Litigation and dispute resolution

Our Experience

  • Acting for Trinity Petroleum Services, a Mobil distributor, to prepare and lodge a submission to the ACCC following Caltex's application for an informal clearance of its proposed acquisition of Mobil's retail network.
  • Advising FKP Property Group and Queensland Cement Limited on the development and implementation of compliance programs under the Trade Practices Act.
  • Advising the Brisbane Racing Club on obtaining the ACCC's clearance for the merger of the Queensland Turf Club and the Brisbane Turf Club.
  • Advising Michael Hill Jeweller on its company policy on warranties and guarantees, and its purchase documentation, for use in all the jurisdictions in which Michael Hill Jeweller operates, including Australia, New Zealand, Canada and the USA.
  • Successfully defending Advanced Commercial Developments in a landmark test case on "two tier marketing" commenced by the ACCC in the Federal Court.
  • Acting for Brismark in obtaining a clearance from the ACCC for the acquisition of the Brisbane Markets at Rocklea from the Queensland Government, and advising Brismark in relation to the competition law implications arising from the acquisition.
  • Advising the Queensland Rugby Football League in relation to issues of exclusive dealing and third line forcing, and obtaining ACCC clearance for its merchandising and licensing arrangements.
  • Advising Western Star Trucks Australia and Nationwide Oil, members of the Transpacific Group of Companies, in relation to a proposed application for authorisation under the Trade Practices Act.
  • Advising Fox Symes & Associates on responding to ACCC allegations of unlawful behaviour under the Trade Practices Act and threats of legal proceedings. As a result of our response, the ACCC chose to take no further action.
 

Our Team

Special Counsel

 

Recent Publications

Competition and Trade Practices Alert: Avoiding claims of misleading and deceptive conduct when selling off-the-plan properties - 23 Jan 2012... read more

Competition and Trade Practices Alert: What you need to know about passing the costs of Australia’s carbon tax on to your customers - 10 Nov 2011... read more

Competition and Trade Practices Alert: Consumer Protection - 2 June 2011... read more

HG Alert: How the Australian Consumer Law will affect your business’ transactions - 16 Dec 2010... read more

HG Alert: Use with Caution: Terms in industry standard building contracts may be seen as unfair - 15 Sep 2010... read more

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