Competition Law & Regulatory Disputes

Protecting Your Business in a Strict, Fast-Moving Regulatory Environment

Australia’s competition and consumer law regime is actively enforced and rapidly evolving, particularly in sectors involving digital markets, complex supply chains, and high-stakes commercial conduct. Whether you are responding to an ACCC investigation, defending allegations of anti-competitive behaviour, or seeking preventative compliance advice, Potentia Litigation delivers strategic legal support to safeguard your commercial position.

We assist businesses navigating the Competition and Consumer Act 2010 (CCA), Australian Consumer Law (ACL), digital competition policy settings, and emerging regulatory frameworks — ensuring operations remain compliant, defendable, and commercially aligned.

How We Help

Regulatory Investigations & Enforcement

Potentia Litigation represents clients through the full spectrum of competition investigations, including:

  • Regulatory investigations into cartel conduct, misuse of market power, exclusive dealing, and price fixing
  • ACCC compulsory notices (s.155), dawn raids, and urgent investigatory action
  • Requests for information, substantiation notices, and interviews
  • Engagement with regulators to narrow issues and reduce enforcement risk
We prepare evidence, manage communications, and develop a defence strategy that protects your position at every stage.
Anti-Competitive Conduct & Market Behaviour

We act in matters involving:

  • Cartels, collusion, and concerted practices
  • Predatory pricing and margin squeeze
  • Exclusive dealing, tying arrangements, and non-compete impacts
  • Resale price maintenance
  • Market dominance and misuse of market power
Where allegations arise, we provide commercial risk analysis, structured defence strategies, and regulatory engagement pathways.
Merger Clearance & Competition Compliance

We advise on:

  • Merger clearance applications and informal notifications
  • Competition analysis for acquisitions, joint ventures, or restructures
  • Competition compliance programs and internal policy development
  • Competition risks in commercial contracts, distribution models, and supply chains
Our guidance helps businesses proceed with confidence in complex markets subject to heightened regulatory scrutiny.
Risk Management & Immunity Applications

We support clients in:

  • Immunity and cooperation applications (including leniency for cartel matters)
  • Internal risk reviews and exposure assessments
  • Negotiation of enforceable undertakings or settlement pathways
  • Strategic planning for enforcement scenarios
Early advice is critical — particularly where immunity or co-operation benefits may be available.

We assist with issues arising from digital platform regulation and sector-specific economic frameworks, including:

  • Digital market regulation and policy guidance
  • Data use, algorithmic conduct, and platform competition concerns
  • Economic regulation analysis and modelling
  • Litigation support involving economic experts and competition economists
Our capability spans both traditional competition issues and emerging digital-market complexities.

We act in claims concerning advertising, representations, and conduct affecting consumers or competitors. Services include:

  • Defence of ACL proceedings
  • Marketing and product claims risk reviews
  • Regulator response management
Settlement negotiation and enforcement strategy

Our Approach

Strategic, Risk-Focused Advice

We identify exposures, shape negotiation pathways, and build defence frameworks aligned to your commercial objectives.

Skilled Regulatory Engagement

We communicate proactively with regulators to reduce escalation, correct assumptions, and negotiate favourable outcomes.

Competition & Economic Insight

Competition matters often hinge on economics. We work closely with economic experts to strengthen arguments on market definition, power, pricing, and consumer harm.

Clear Litigation Pathways

Where litigation proceeds, we prepare comprehensive pleadings, evidence, and expert analysis to position your case effectively in court.

Business-Aligned Solutions

Our advice accounts for operational realities, stakeholder impacts, and long-term strategic considerations.

Why Choose Potentia Litigation

Deep competition law capability

We understand regulator strategy, competition economics, and commercial realities across both traditional and digital markets.

Strong dispute and enforcement experience

We act in complex investigations, enforcement matters, regulatory disputes, and high-stakes commercial litigation.

Clear communication & guidance

We provide certainty in fast-moving, high-pressure regulatory environments.

Proactive compliance support

From contract reviews to internal training, we help businesses reduce risk before regulators intervene.

Seek advice early if you are facing:

  • A regulator alleging cartel behaviour, misuse of market power, or exclusive dealing
  • A competitor complaint triggering an ACCC investigation
  • A merger or acquisition requiring competition clearance
  • Conduct in digital markets that may raise regulatory interest
  • A request for documents, interviews, or evidence from the ACCC or another regulator
  • A notice alleging misleading or deceptive conduct
  • Internal concerns regarding potential immunity or leniency applications

Early engagement can significantly influence investigation outcomes and penalty exposure.

Potentia Litigation represents clients in:

1
Federal Court and Federal Circuit Court proceedings
2
Judicial review of regulatory decisions
3
Applications for injunctions or urgent orders
4
Civil penalty and enforcement matters
5
Disputes involving economic regulation and market behaviour

Frequently Asked Questions

Regulated conduct includes collusion, price fixing, exclusive dealing, predatory pricing, misleading conduct, and misuse of market power.

Seek immediate legal advice before responding. Early steps significantly influence risk, messaging, and investigation outcomes.

Yes. Civil penalties can be substantial, and individuals may face liability for serious breaches.

Not always — but early advice helps assess whether a deal may raise competition concerns or require engagement.

A process allowing the first party to disclose cartel conduct to potentially avoid penalties. Timing and strategy are crucial.

Speak With Us Today

For complex competition matters, regulatory investigations, or preventative strategic advice, contact Potentia Litigation for a confidential consultation.