Competition/Antitrust: Australia

THE FIRM This practice has an enviable reputation in the market and is admired for its nimble and commercial approach and high levels of partner involvement. The practice has been involved in several high-profile merger clearances of late, including Synthes Australia and Synthes New Zealand's AUD21.3 billion merger with Johnson & Johnson. Its regulatory and access work is also a strong suit; it continues to advise Telstra on the regulatory aspects of the NBN project, and Rio Tinto on a range of competition and regulatory matters in respect of its rail and port infrastructure projects in Queensland. Other key clients include APA Group, Caltex Australia, Nine Network Australia and Pact Group.

Sources say: “The best competition team in the country. They're strong across the whole spectrum of competition issues and we rely on them extensively.” “Excellent, highly specialised in competition law, very thorough and very respected.”

KEY INDIVIDUALS Gina Cass-Gottlieb is one of the most highly regarded competition lawyers in Australia, with one commentator calling her “an amazing individual – what's unique about Gina is that she is a truly creative thinker as well as having amazing personal skills and diplomacy." Cass-Gottlieb led the team seeking merger clearance for Telstra (as a 50% owner of Foxtel) on Foxtel's AUD1.9 billion takeover bid for Austar.

Department leader, Luke Woodward held several positions at the ACCC prior to being in private practice. Clients report that “his great strengths are his previous senior experience in the ACCC and his razor-sharp intellect.” He acted for Malaysia Airlines and Thai Airways in Federal Court proceedings filed by the ACCC regarding alleged price fixing of air cargo-related surcharges. Other clients include Rio Tinto, Virgin Australia, Singapore Airlines Alliance and Caltex.

Simon Snow acted for Amazon.com on gaining merger clearance for its global acquisition of The Book Depository. His strengths are in merger clearance, enforcement and economic regulation. One client reported that “he is very good to work with, he's got a very good service model and he's good at bringing that commercial line of thinking to his analysis."

THE FIRM This team maintains a leading position in this area, working on a number of successful high-profile and complex merger clearances, joint ventures and ACCC investigations. It continues to act for Austar since final merger clearance was obtained in April 2012 with regard to its acquisition by Foxtel. It is also representing Asahi/Schweppes on a range of matters, including a divestment undertaking and restructuring of parts of Schweppes' business after the ACCC originally opposed its acquisition of P&N's juice and water business. Other clients include the ASX, Metcash, ANZ and BHP Billiton. 

Sources say: “The work has been excellent; they are proactive and pragmatic.” “Freehills is probably the top team in Australia because of its breadth of practice and experience. They are well connected and sharp operators."

KEY INDIVIDUALS Robert Baxt continues in his role as a consultant, playing a vital part in the ongoing advice to Deutsche Lufthansa and other airlines in the high-profile class action by a number of air cargo carriers in Australia. One commentator called him “the emeritus professor. He'll still front interactions between the big end of town and the legislator.”

Michael Gray also continues in his consultancy role, advising clients such as Land Lease and Aspen Pharmacare. He was described by one client as “a standout in competition. He's the complete package – a hands-on elder statesman who's got the wisdom and experience but gets into the detail as well.”

Paul Hughes' recent work includes advising Chevron on a natural gas joint venture in Western Australia, and acting for Caltex on a number of competition issues. He is described as “extremely capable and quick to understand issues, and he delivers outcomes in a brief timetable.”

Chris Jose has particular expertise in energy and telecoms regulation, and is acknowledged as “a senior litigator in this space." He acted on the Asahi/Schweppes matter, and continues to advise Jemena on regulatory matters involving the Australian Energy Regulator for the Advanced Metering Infrastructure. 

Previously a senior officer at the ACCC, Peter McDonald's practice covers transactional advice, merger clearances, consumer and regulatory issues. He is described as “very practical, with a commercial approach and substantial enforcement experience. Bright and capable.” Clients include Shell, Chevron and BP. 

Clients value Donald Robertson as “a very strategic thinker." He acted for the ASX on competition and regulatory issues in the Australian stock market industry in light of the entry of Chi-X into the market. 

THE FIRM This practice continues to impress with its depth of talent and handles some of the most significant transactions in this area. The team acted for a group of major fuel suppliers, including Shell and ExxonMobil, together with Qantas on successfully defending an application by a group of airlines in connection with access to the jet fuel infrastructure at Sydney Airport. Other key work includes advising Sony on the Australian competition aspects of its high-profile USD2.2 billion proposed acquisition of EMI Music Publishing from Citi. 

Sources say: "I thought we were in very safe hands. They were hugely available and committed to the result.”

KEY INDIVIDUALS David Brewster is described as “very experienced, balanced and knowledgeable of the regulatory environment." He has particular expertise in M&A and litigation in the healthcare, electricity and gas industries. His highlights include advising Air France and other airlines on the ACCC investigation into an alleged air cargo cartel.

Practice leader Fiona Crosbie has a particular focus on complex merger clearances, antitrust investigations and infrastructure access. “I think she's excellent," said one interviewee, adding: "She's commercial and good to work with, and has a proven track record.” Crosbie recently advised Johnson & Johnson on the Australian aspects of its global acquisition of Synthes, an orthopaedic devices manufacturer.

Jacqueline Downes advises on all types of restrictive trade practices and consumer protection matters, including mergers, access, cartels and misuse of market powers. One client enthused: “She is a strategic thinker. She doesn't set unrealistic goals but manoeuvres you to achieve what's achievable.”

Carolyn Oddie has particular experience in merger clearances, joint ventures and antitrust investigations and prosecutions. She recently advised Cargill Australia on its acquisition of Agrium assets, including obtaining ACCC clearance. “She is very practical and keeps her eyes on the prize," say sources.

Ted Hill continues to act for Rio Tinto, most recently on its appeal to the High Court regarding Fortesque Metals Group's rail access application. He also advised Wesfarmers on its bid to acquire a AUD1 billion stake in Burrup Fertilisers. An appreciative client commented: "He gives us confidence that he knows what he is doing and can take a step back and give constructive commercial advice."

Kon Stellios is noted for being “very prudent" and for "looking at things from all different angles – he's very good at risk analysis." He specialises in regulatory and contentious matters, and recently acted for Emirates in Federal Court proceedings commenced by the ACCC concerning the alleged cartel in the air cargo industry.

THE FIRM Ashurst's competition and consumer protection team offers all-round outstanding expertise and has a strong track record in complex litigation, including cartel and misuse of market power cases. It regularly assists clients with merger clearances and was called upon to act for AGL on its complex and long-running merger clearance in order to complete the full acquisition of Loy Yang Power. Other major clients include Alcoa, ExxonMobil, BHP Billiton and Ergon. The team also advised Google on the purchase of Motorola Mobility, and has been appointed to a number of NBN Co's panels.

Sources say: “I think they've been brilliant; there's nothing they could do better in the competition area."

KEY INDIVIDUALS Peter Armitage leads the firm's competition group and acts for clients such as Adani Port and Special Economic Zone, Mitsubishi Development and BHP Billiton Olympic Dam Corporation. Most recently, he advised Arrow on obtaining clearance for its acquisition of Bow Energy.

Liza Carver is described as “completely brilliant in the competition space because of her technical capability and ability to get stuff done.” She specialises in utilities regulation and trade practices as well as merger clearances, and she led on the AGL work. 

Bill Reid has spent many years overseeing the firm's Asia-wide work, and spent some years based in its Singapore office. He is a lead adviser to BHP Billiton and has acted for Boral on an ACCC clearance in connection with its acquisition of parts of the Wagners Group and Sunshine Coast Quarries at an approximate value of AUD250 million. Clients find him "practical, pragmatic, responsive and very bright."

Perth-based Darren Grondal has particular expertise in the energy and resources sectors, and worked for energy utilities in commercial and legal roles for more than 15 years before joining Ashurst. He has acted for BHP Billiton on its multibillion-dollar Western Australian iron ore operations.

THE FIRM This compact but sought-after and high-performing team attracts clients such as Apple, Vodafone Hutchison and Eli Lilly. It advises on a range of competition, consumer law, cartel and misuse of market power issues. The team is a key adviser to NBN Co, providing ongoing assistance on a range of regulatory and other matters, such as ACCC approvals. It also acted for Apple on a range of competition and consumer law matters. The firm has been appointed to the panels of numerous significant clients, such as CBA, Woolworths and AMP and regularly briefs clients on the implications of new laws and regulations.

Sources say: “They've done a good job. I'm really satisfied and we've given more work to Clayton Utz recently.” "Their competition practice is pre-eminent in my opinion."

KEY INDIVIDUALS Michael Corrigan is deputy chair of the Law Council of the ACCC, and is described as “one of the best practitioners in Australia." His practice extends across merger clearances, cartel investigations, consumer and advertising issues and third-party access rights. He notably acted for HP on ACCC clearance for the sale of its plastics and packaging business to Visy Industries.

The very experienced Linda Evans has particular expertise in handling complex merger clearances, enforcement proceedings and regulatory issues. She has handled a range of matters in the past year, including advising Agrium on the regulatory aspects of the AUD870 million acquisition of its commodity management business by Cargill.

Kirsten Webb has been a key adviser to Woolworths for many years, assisting it with numerous ACCC reviews in respect of its acquisitions. “She is very responsive and practical, and relates very well to the business. She doesn’t grandstand and gets the job done,” said one impressed interviewee.

Bruce Lloyd's skill lies in advising on wide-ranging corporate matters in combination with competition law, restrictive trade practices, access issues and consumer protection law. His clients include Nexans, which he represented in high-profile litigation with the ACCC regarding alleged cartel conduct. 

THE FIRM With one of the largest competition teams in the country, this firm has an outstanding reputation for its sector coverage, strong relationships with regulators, particularly the ACCC, and for the complexity of the cases it handles. Notably, the firm is acting for both Glencore and Xstrata on the competition issues relating to their highly publicised proposed merger. It has a strong client base across financial services, energy, resources telecoms and construction. It is acting for Nestlé on the Australian aspects of its USD11.85 billion bid for Pfizer Nutrition, including obtaining clearance for the acquisition from the ACCC. Other key clients include NAB, Wesfarmers, Tabcorp and Microsoft.

Sources say: "They have very strong competition expertise and are very impressive."

KEY INDIVIDUALS Recent lateral hire Stephen Ridgeway is seen in the market as a real gain for the firm. He is the chairman of the ACCC Law Council, and is well known for acting on a number of high-profile cases and for his extensive experience in the energy and natural resources sector. 

Deputy practice leader Caroline Coops is described as “a good up-and-coming lawyer,” and assists her clients with merger clearances, abuse of dominance and regulatory investigations. Her work includes acting for GE on its acquisition of Industrea (by way of scheme of arrangement.) The deal involved obtaining competition and other regulatory approvals across a number of jurisdictions.

Sharon Henrick leads the team and is skilled at handling large commercial transactions together with investigations and regulatory matters. She is much appreciated by clients, with one commenting: “She's top quality, very experienced and has a strong relationship with the regulator.” Henrick is acting for long-standing client Glencore on its acquisition of Viterra's Australian portfolio of assets, which is expected to attract close scrutiny from the ACCC.

Amanda Bodger is the firm's relationship partner for Telstra and has acted for it on a range of competition and consumer protection issues, including investigations and disputes with regulators. She also counts Sensis, NAB, Holden and the Australia Post as clients.

Andrew Monotti is well regarded for his experience in the energy and utilities fields. He advised GDF SUEZ on its bid to buy the 30% remaining shares in International Power, which would give it overall control of the company and required ACCC clearance.

THE FIRM This well-resourced and popular group combines cartel and merger units to offer a full service across all facets of competition and antitrust law. It advises clients on a range of industry-specific regulations and also has a strong international referral network of firms, providing additional cross-jurisdictional expertise. It is currently handling a number of high-profile cartel cases and merger clearances. It is especially strong in the aviation, telecoms and energy and resources sectors, acting for clients such as AGL, Anglo American and Qantas. Key mandates include advising UPS on various competition aspects of its acquisition of TNT Express.

Sources say: "Their work is excellent. In addition to detailed understanding of the law, they have a very good understanding of the way that companies work and are able to give very pragmatic advice in disputes."

KEY INDIVIDUALS Paul Schoff leads the cartels unit and has acted on a number of high-profile cartel cases. Schoff continues to act for Singapore Airlines in proceedings brought by the ACCC in disputes concerning fuel surcharges. 

Russell Miller AM heads the competition practice and is currently advising the International Competition Network. He has a particular focus on the aviation industry and has acted for Eurocopter/Australian Aerospace on successfully resolving various competition disputes in both Australia and New Zealand.

Geoff Carter runs the mergers department and has a strong background in advising on mergers and joint ventures. Most recently, he advised Sigma Pharmaceuticals on the competition implications of the sale of its pharmaceutical division to the Aspen Pharmacare group, at a value of AUD900 million.

Justin Oliver is described as “a quality operator” who “issues clear and unambiguous advice.” His highlights include advising Transit Systems on gaining clearance for its acquisition of Stradbroke Ferries.

THE FIRM This firm advises on the full range of formal and informal merger clearances, regulatory regimes and consumer law via its well-regarded competition and litigation practices. Clients also benefit from the firm's worldwide competition and antitrust expertise, which enables the team to handle complex cross-jurisdictional matters. It acts for both corporate and government clients, and has been appointed to the ACCC panel. It has particular strength in the telecoms, media, environmental and energy sectors. Its clientele includes the Australian Broadcasting Corporation, FedEx, Bayer and the NSW government. 

Sources say: “They assist the business to accomplish what they need to accomplish; they've been excellent in that area.”

KEY INDIVIDUALS Clients appreciate that Georgina Foster spends time getting to know them and their businesses, with one saying: “I've been very impressed by her. She is prompt, concise, and she knows the law pretty well inside out." Foster acted for Ecolab on its proposed AUD7.8 billion merger with Nalco Holding Company.

THE FIRM This group continues to flourish on account of its loyal high-end client base and additional lateral hires into the team. It is particularly strong in the infrastructure and energy and natural resources sectors and continues to advise NBN Co on a range of competition and regulatory issues, including obtaining access to third-party infrastructure and services. It also acts for QR National on a range of compliance and competition matters arising from the expansion of its rail network. The team's strong relationships with regulators are of additional benefit to clients. 

Sources say: "They are efficient and cost-effective." "The firm has real depth – they can bring in people as needed." 

KEY INDIVIDUALS Ayman Guirguis joined the team in April 2012 as the practice head. He brings considerable experience in cartel, merger clearance and consumer protection work, and a base of loyal clients. 

Richard Flitcroft specialises in competition and consumer law, both transactional and litigious, and is highly regarded by clients. He has acted on a range of contentious matters in the past year, for both corporates and public sector entities.

Mark McCowan works extensively for major corporates on complex competition matters, including advising BP on its regulatory and ACCC issues. Other clients include Australia Pacific Airports, Johnson & Johnson and Amcor. According to interviewees, he "is pretty young but thinks very well and concisely about the issues. He has good experience."

THE FIRM This substantial competition groups offers a wealth of experienced talent and a high level of partner attention, which attracts instructions from clients such as Qantas, Origin Energy, IAG and Unilever Australia/Unilever PLC. The team has a particular focus on contentious work, including successful appeals to the Competition Tribunal. It has advised several major regulated gas and electricity power suppliers on competition law, access and pricing issues. It also continues to advise Qantas on a range of matters, such as Australian and Asian mergers, regulatory approvals and ongoing cartel litigation. 

Sources say: "It's a strong practice which has strong resources clients.”

KEY INDIVIDUALS The vastly experienced John Kench is well respected by both clients and peers. His recent high-level work includes advising Pearson on its e-book arrangements in Australia following the action taken in the USA against Pearson and other publishers.

Aldo Nicotra has "great client engagement and a very good interpersonal style,” according to interviewees. His clients include Qantas and Yahoo! and he is acting for the Australian Jockey Club and the Victorian Racing Club in a test case involving restraint of trade.

Sar Katdare was recently promoted to partner and has had a busy year working on some of the group's most important cases. He continues to act for Qantas and advised Jetset Travelworld on a number of matters, including consumer law issues. He “has the ability to get a commercially acceptable outcome for us,” stated one client.

Michele Laidlaw is well regarded by her peers. She is a key adviser to Qantas on its competition and consumer law issues, and has advised the airline on issues connected with mergers, regulatory approvals, cartel litigation and market power abuse issues.

THE FIRM This relatively new team has had a busy year, having been involved in many significant competition-related transactions in the market. It advised Emirates on antitrust issues relating to its arrangements with Dubai airline Flydubai, and acted for Chi-X Australia on its establishment as Australia's second securities exchange. Other key clients include Bunnings Group, Liberty Global and Tyco. The team has a track record in energy, resources and infrastructure, with major clients such as Xstrata and Port Waratah Coal Services.

Sources say: “They've been very professional and easy to understand, and they have a broad range of contacts in the ACCC which has made it easier to talk to people there.”

KEY INDIVIDUALS Stefanie Benson in Sydney is the main contact.

THE FIRM This competition group works closely with the firm's corporate, litigation and regulatory groups, and with its overseas network of offices, to provide wide-reaching expertise. Its competition and antitrust skills are applied to a range of industry sectors, including finance, projects, energy, mining and retail. Major highlights include acting for Cathay Pacific Airways on various matters, including proceedings brought by the ACCC in connection with allegations of international airfreight price fixing. 

Sources say: “I've found them always very good to deal with. I think they're fantastic.”

KEY INDIVIDUALS Simon Uthmeyer is “highly technically skilled" and appreciated because "he actively engages with the team and he understands how we work, which is very helpful." He led on the Cathay Pacific matter and also represented the ACCC in proceedings brought by Cooperative Bulk Handling, which asked for a review of a Commission ruling.

THE FIRM Thanks to its global network of expertise, this group can handle a workload with international aspects such as global cartel investigations and cross-border merger clearances. It also has a strong domestic practice with an ever-growing clientele, and is a member of the ACCC panel. Its recent mandates include advising Vodafone Hutchison Australia on a range of regulatory matters relating to access to the Australian National Broadband Network, and acting for Industrea on an informal review by the ACCC of its acquisition of AJ Lucas. 

Sources say: “It was a challenging project but they really delivered.”

KEY INDIVIDUALS The key contact at the firm is department head Nick McHugh, who specialises in competition and the economic regulation of utilities.

THE FIRM This small but effective practice attracts some heavy-duty clients, particularly in the technology and telecoms sectors. It has advised Microsoft on a range of matters, including the marketing, advertising and competition law issues regarding its Australian Xbox and Windows businesses. The team is also advising American Express on a range of complex competition issues. Other major clients include Simplot, LG Electronics and Danone Asia Pacific.

KEY INDIVIDUALS Kathryn Edghill acts for clients such as Vodafone and Microsoft, and recently obtained antitrust clearance for Microsoft's acquisition of Skype. An appreciative client commented: "She's just very pragmatic and easy to deal with, and she's technically excellent – she understands what's commercially important."