Competition/antitrust

Overview

In protecting your strategic position in the market, it's vital that you are armed with creative and commercial solutions to address competition law problems – whether it be defending regulatory investigations and enforcement actions, getting your deal through the ACCC or following advice to avoid complex competition issues.

Our competition team is ranked as one of the leading teams in Australia. We regularly act for blue chip clients on “bet the firm” competition litigation, mergers and acquisitions and cartel investigations. We have extensive experience dealing with the ACCC and the Australian Competition Tribunal, and particular expertise in defending misuse of market power and other competition claims.

We advise major Australian public companies, multi-national corporations and private enterprises on:

  • cartel investigations
  • complex mergers, acquisitions and alliances
  • anti-competitive agreements and understandings
  • misuse of market power issues
  • exclusionary provisions (boycotts)
  • exclusive dealing and third line forcing
  • authorisations, exemptions and notifications
  • third party infrastructure access rights
  • pricing reviews.

Our industry experience spans agricultural commodities, aviation, building products, energy, food manufacturing, information technology, insurance, manufacturing, media, transport and wines & beverages.

Experience

Mergers & acquisitions

PepsiCo

Obtaining ACCC clearance for PepsiCo's US$3.2 billions global acquisition of SodaStream.

Qantas Airways

Advising in relation to the ACCC’s investigation into its 19.9% acquisition of Alliance Airlines.

Ruralco

Obtaining informal clearance from the ACCC in relation to its $450 million proposed acquisition by Nutrien.

Cartels

Ramsay Health Care

Defending an ACCC prosecution for misuse of market power and exclusive dealing

Walt Disney (Australia)

Advising in relation to a ACCC collective bargaining application by an organisation representing independent exhibitors.

Unilever

Acted in the long running ACCC prosecution against Colgate Palmolive, PZ Cussons and leading supermarket retailer Woolworths for engaging in alleged price fixing, information sharing and boycott behaviour.

Investigations and Litigation

David Jones

Acting in seeking re-authorisation of promotional conduct with retail brand management businesses.

Jetstar Airways

Advising in relation to the ACCC's Airlines Terms and Conditions project.

A2 Milk Company

Advising A2 Milk Company on the proposed mandatory dairy code.

Travelex

Advising in relation to the ACCC's inquiry into foreign currency conversion services.

Access Regulation

Airlines for Australia and New Zealand

Advising on current Australian "access" regimes and their application to Australian airports.

Recognition

Sar Katdare is a 'standout performer'.
Asia Pacific Legal 500, 2018
Johnson Winter & Slattery’s 'exceptional team' provides advice that is ‘always commercially relevant, with regard for the client’s specific circumstances, and reveals a deep understanding of the law’.
Asia Pacific Legal 500, 2018
​John Kench is listed as an Eminent Practitioner in Competition/Antitrust.
Chambers Asia-Pacific, 2018
Aldo Nicotra​ is listed in Band 1 in Competition/Antitrust.
Chambers Asia-Pacific, 2018
Johnson Winter & Slattery's Competition practice is ranked in Band 3.
Chambers Asia-Pacific, 2018
Robert Wyld​ is listed in Band 1 in Antibribery & Corruption.
Chambers Asia-Pacific, 2018
John Kench​ is recognised as a Leading Individual in Competition & Trade.
Asia Pacific Legal 500, 2018
Johnson Winter & Slattery's Competition practice is ranked in Tier 2.
Asia Pacific Legal 500, 2018
Sar Katdare, Aldo Nicotra and Michele Laidlaw are recommended in Competition/Antitrust Law.
Asia Pacific Legal 500, 2018
Aldo Nicotra, John Kench, Michele Laidlaw, Sar Katdare and Wolfgang Hellman are listed as leading lawyers in Competition Law.
Best Lawyers Australia, 2019
"The matters they are involved in, their high-quality client base and their advice to date are the reasons we continue to engage Johnson Winter & Slattery for advice in this area."
Chambers Asia-Pacific, 2017
The firm is "unique in the effort they make to ensure that their existing clients feel valued and supported, taking the time to invest in the working relationship and to maintain an up-to-date knowledge of their businesses."
Chambers Asia-Pacific, 2017
Aldo Nicotra is noted by a client as standing out for "practicality, precision and a very sharp commercial instinct" adding that although "it can be very difficult to get a clear, firm opinion in this area, he's an exception to the rule."
Chambers Asia-Pacific, 2017
Sar Katdare is cited by referees as a particularly accessible, responsive and pragmatic partner who stands out not only for his "good practical understanding of the laws and of ACCC’s application of them", but also as someone who is "prepared to offer advice that highlights the risks but plots a commercial path through the obstacles."
Chambers Asia-Pacific, 2017
"They work seamlessly with our in-house team, we are able to rely on them for high-level strategic thinking and they are more than capable in handling big litigation, punching above their weight."
Chambers Asia-Pacific, 2016
"I've never felt so comfortable with a law firm as with these guys: it feels like they're part of our team and I've no hesitation in recommending them."
Chambers Asia-Pacific, 2016
Johnson Winter & Slattery’s "exemplary" service has "secured business critical outcomes"
Asia Pacific Legal 500, 2016
Aldo Nicotra is noted as "a trusted adviser for many years and a great strategic thinker with a deep interest in our business."
Chambers Asia-Pacific, 2016
Michele Laidlaw is praised for her "incredibly pragmatic, targeted and commercial advice" and her "customer-focused approach; she takes the time to understand the nuances of our services and our needs."
Chambers Asia-Pacific, 2016
Sar Katdare is recognised as a "highly intelligent and pragmatic" partner who provides "punchy, matter-of-fact, efficient and clear" advice.
Chambers Asia-Pacific, 2016
"Highly skilled and capable lawyers who are highly experienced and commercial, with a national network of offices and a commercial fee structure."
Chambers Asia-Pacific, 2015
"They have a detailed understanding of issues facing our industry and a deep knowledge of competition law; they are therefore able to provide high-level, strategic advice."
Chambers Asia-Pacific, 2015
Johnson Winter & Slattery's ‘experience in the aviation industry is hard to replicate'.
Asia Pacific Legal 500, 2015

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