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Competition law plays a central role in regulating business with few areas of economic activity beyond its reach. It governs anti-competitive and unfair market practices, mergers and acquisitions, product liability, natural monopoly regulation and third-party access to facilities of national significance.
Recognised as one of five 'elite' competition practices in Australia (Global Competition Review's GCR 100, 2011, 2012, 2013, 2014, 2015, 2016 and 2017), MinterEllison advises on a significant proportion of Australian and New Zealand merger clearances each year.
Our competition partners are consistently rated among the leaders in their field. As one of the largest competition practices in the Asia-Pacific region, we have the capacity to fully understand the relevance of overseas developments and issues. We advise clients operating in the Asia-Pacific, and Asian regulatory authorities, on cross-jurisdictional regulatory and competition law issues, working seamlessly with Minter Ellison Rudd Watts in New Zealand on trans-Tasman matters.
MinterEllison’s International Trade group provides support across the full range of issues relating to the regulation of imports, exports and foreign investment together with advice on international issues relating to sanctions, anti-bribery and corruption. Our experience ranges from customs issues and anti-dumping through to support with matters arising under the rules of the World Trade Organization (WTO) and Free Trade Agreements (FTAs). This highly-regarded team has been ranked by leading international legal directory Chambers Global as an Australian market leader and described as 'the foremost in the region for advice on international issues and trade policy'.
Advised on ACCC clearance for Australian and New Zealand aspects of World Fuel Service's acquisition of Exxon's general aviation fuels business at 83 airports in Canada, the United Kingdom, Germany, Italy, Australia and New Zealand.
We are advising on competition and regulatory aspects in Australia in respect of the proposed AT&T / Time Warner acquisition. The matter involves a vertical merger between AT&T (a global communications company) and Time Warner (a global entertainment company), which is under close antitrust scrutiny in the US.
Advising Japan's Hitachi Construction Machinery Company Limited (HCM) on competition aspects related to its recommended A$976.1 million takeover bid for Bradken Ltd, a company mining equipment & services listed on the Australian Stock Exchange with substantial operations outside Australia.
We are advising Viva Energy on competition aspects, including ACCC clearance, in respect of its acquisition of Shell Aviation Australia Pty Ltd form The Shell Petroleum Company Limited. The proposed acquisition follows Viva Energy's acquisition of Shell International's other refining and downstream fuel businesses in Australia to Viva Energy in 2014 for $2.9 billion.
We advised Australian Paper on competition clearance in respect of the acquisition of the Edwards Dunlop Office Products division (EDOP) of BJ Ball. Both supply copy paper to customers throughout Australia.The matter involved a lengthy ACCC review, commencing confidential review and progressing into a full public review of the proposed acquisition. The proposed transaction was ultimately cleared.
MinterEllison acted for CIMIC Group limited on its A$524m acquisition of UGL Limited, an Australasian provider of engineering, construction and maintenance services. In March 2016, MinterEllison sought and received confirmation through a confidential 'pre-assessment' process that the ACCC did not intend to conduct a public merger clearance review. Confidential pre-assessment provided CIMIC with an extended window in which to launch an unconditional hostile takeover bid. It allowed CIMIC freedom to delay making a takeover offer by several months, in which time UGL's share price fell 36% resulting in more favourable takeover terms for our client.
MinterEllison advised Steinhoff Asia Pacific on its $361 million take-private proposal of ASX listed budget furniture retailer and manufacturer, Fantastic Holdings Limited. The competition team steered Steinhoff Asia Pacific to successful merger clearance of the transaction on a pre-assessment basis and in a timely fashion which avoided a lengthy public review process and allowed completion to occur in commercially optimal time.
Advised TPG Telecom on obtaining merger clearance on its takeover of iiNet by way of contested, recommended scheme of arrangement. The acquisition of iiNet, Australia's second largest DSL Internet Service Provider, has increased TPG’s broadband subscriber base to over 1.7 million customers and made it the third force in Australia's telecommunications landscape.
Advised on the long term lease of a number of major Australian ports, designing statutory regulatory access and pricing regimes and engaging with the ACCC regarding the contested transaction process and merger clearance approval. MinterEllison advised NSW Treasury on the long term lease of Port Botany and Port Kembla ($5.07 billion) and the Port of Newcastle ($1.75 billion) in New South Wales. The latter transaction involved extensive consultation with the ACCC as the Newcastle Port Corporation was party to a set of arrangements with the two operators of coal handling terminals at the port which were subject to authorisation by the ACCC under the Competition and Consumer Act. MinterEllison also advised the Northern Territory Government on the sale of the Port of Darwin ($506 million).
Defending UIC against proceedings brought by the ACCC in the Federal Court alleging breaches of the Australian Consumer Law relating to the provision of vocational training to students eligible for the Commonwealth Government student loans. The proceedings followed an industry wide investigation jointly conducted by the Department of Education and Training, the ACCC and the NSW Department of Fair Training.
Advising Iron Mountain Inc. on obtaining merger clearance from the Australian Competition and Consumer Commission to undertake its successful acquisition of Recall Holdings Ltd by way of a recommended scheme of arrangement through a scrip offer that values Recall at around A$2.6 billion (US$2.1 billion). MinterEllison also advised on obtaining ACCC approval for the sale of divested assets in Australia to Iron Mountain's nominated purchaser.
Advised Toll Holdings Limited on competition issues relating to the sale of its coastal and community shipping in the Northern Territory and Far North Queensland to Sea Swift, including in relation to ACCC clearance process and the subsequent application for merger authorisation from the Australian Competition Tribunal. This landmark matter raised some of the most novel and complex competition issues of an Australian merger in recent times and resulted in a successful commercial outcome for two premier freight operators.
Advised Singapore Airlines and IATA in relation to proceedings alleging that Flight Centre attempted to induce competitors (Singapore Airlines, Malaysian Airlines and Emirates) to stop directly offering and booking their own international airfares (including over the internet) at prices less than Flight Centre offered.
Defending Singapore Airlines Cargo in its prosecution by the ACCC for alleged airfreight cartel conduct and acting for it and Singapore Airlines in related class action proceedings.
Advising on competition law to Lloyds Banking Group on the sale of its Australian asset finance business, Capital Finance Australia Ltd, and its corporate loan portfolio, BOS International Australia Ltd, to Westpac Banking Corporation, representing one of the largest financial services transactions of recent times in the Australian market.
Advising Affinity Equity Partners on competition and regulatory aspects of the sale of Primo Smallgoods Group to JBS S.A, representing Australia's largest private equity transaction in 2014.
Acting for Stanwell Corporation in Federal Court proceedings brought by the Australian Energy Regulator in relation to compliance with the national electricity spot market rules.