Competition Law Risk in Commercial Practice

Competition law compliance is increasingly shaped by enforcement activity and litigation outcomes, where regulators and courts test how business practices such as pricing, collaboration, and distribution arrangements work in practice. 

This session examines the application of Australian competition law through recent enforcement actions, litigation and regulatory developments. Using legislation, case studies and recent ACCC actions, it explores how competition law risks arise in commercial decision-making and how the ACCC and courts assess conduct involving pricing, information sharing, market power, collaboration, distribution and exclusivity arrangements, and mergers and acquisitions, and how these decisions translate into practical compliance expectations for legal and commercial advisers.

Key Topics Discussed:

• Recent ACCC enforcement actions and judicial findings shaping competition law risk
• The ACCC’s key competition law enforcement priorities
• Cartel conduct, including recent cases and criminal prosecutions 
• Misuse of market power and recent litigation 
• Distribution and exclusivity arrangements 
• Mergers and acquisitions 
• Market definition and its role in competition law analysis
• Remedies and undertakings in competition law enforcement
• Translating case law outcomes into internal risk controls and governance