An investor's guide to the sector and its regulations.
Minter Ellison advises clients on all aspects of the anti-competitive (antitrust) provisions of the Competition and Consumer Act 2010, especially misuse of market power (abuse of dominance), predatory pricing, exclusive dealing, resale price maintenance and third line forcing.
We work closely with clients so that arrangements and transactions are structured in the best way possible to meet commercial and strategic goals, whilst ensuring they do not fall foul of the Competition and Consumer Act.
The first court decision applying the cartel provisions of the Competition and Consumer Act 2010 has set the bar for establishing per se liability worryingly low. Significantly for M&A practitioners, the case calls into question the traditional risk assessment of 'back to back' or 'partial follow on' transactions from a bid-rigging perspective, including those that occur offshore. With an appeal by Bradken lodged in April, it seems 'at least possible' the Federal Court will revisit the low bar applied to satisfaction of the competition condition in this case - and the outcome will be one to watch.
Partners Paul Schoff and Katrina Groshinski have contributed the Australian chapter of the American Bar Association's 2012 Antitrust Year in Review.