Competition and Trade Practices

Sophisticated competition and fair trading advice, balanced with commercial realities and legal practicalities.

Services Experience People Publications

HopgoodGanim's Competition and Trade Practices team provides expert advice to ensure our clients remain ahead of one of the most dynamic areas of law in the corporate arena.

By developing a deep understanding of each client's business, we provide sophisticated advice that takes into account the commercial realities and legal practicalities faced by companies today. Whether related to mergers, acquisitions, fair trading, trademarks, resources sector access regimes or the development of compliance programs, our team takes a proactive approach, helping our clients to plan and execute business strategies that minimise the risk of disputes in the future.

Our team works together with our corporate and dispute resolution experts 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

  • ACCC investigations and representation at ACCC hearings 
  • Industry specific regulation and access regimes 
  • Fair trading and consumer protection 
  • Competition law and policy 
  • Litigation and dispute resolution 
  • Developing and implementing compliance programs 
  • Delivering training programs and seminars 
  • Risk assessments and proceedings under Australian consumer law
  • Advising the Brisbane Racing Club to obtain ACCC clearance for the merger of the Queensland Turf Club and the Brisbane Turf Club, and on intellectual property and competition issues arising from negotiations with Queensland Racing and Sky Channel for a Media Rights and Broadcasting Agreement. 
  • Advising a major player in the CSG industry on a proposed application under the National Gas Law for a no-coverage determination for a proposed gas pipeline. 
  • 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. 
  • 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. 
  • 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 and assisting Indigo Telecom in disputes with a competitor in regards to trade marking infringements, misleading activities and passing off. 
  • Advising BP on the defence of proceedings against it 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. 
  • 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. 
  • Representing Atkinson Produce, a wholesaler at the Brisbane Markets, and its directors in connection with a notice served by the ACCC as part of its ongoing monitoring of industry participants’ compliance with their obligations under the Mandatory Horticulture Code of Conduct.
  • Successfully defending Advanced Commercial Developments in a landmark test case on "two tier marketing" commenced by the ACCC in the Federal Court. 
  • Representing international cheque processing companies in their dealings with a major Australia bank and the ACCC. 
  • Advising resources companies on the access regime under the Trade Practices Act, and on other trade practices issues, including the implications of the new cartel laws (which came into effect in 2009) on the formation and operation of their joint venture activities. 
  • Developing and implementing compliance programs under the Trade Practices Act for FKP and Queensland Cement.