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.
Potentia Litigation represents clients through the full spectrum of competition investigations, including:
We act in matters involving:
We advise on:
We support clients in:
We assist with issues arising from digital platform regulation and sector-specific economic frameworks, including:
We act in claims concerning advertising, representations, and conduct affecting consumers or competitors. Services include:
We identify exposures, shape negotiation pathways, and build defence frameworks aligned to your commercial objectives.
We communicate proactively with regulators to reduce escalation, correct assumptions, and negotiate favourable outcomes.
Competition matters often hinge on economics. We work closely with economic experts to strengthen arguments on market definition, power, pricing, and consumer harm.
Where litigation proceeds, we prepare comprehensive pleadings, evidence, and expert analysis to position your case effectively in court.
Our advice accounts for operational realities, stakeholder impacts, and long-term strategic considerations.
We understand regulator strategy, competition economics, and commercial realities across both traditional and digital markets.
We act in complex investigations, enforcement matters, regulatory disputes, and high-stakes commercial litigation.
We provide certainty in fast-moving, high-pressure regulatory environments.
From contract reviews to internal training, we help businesses reduce risk before regulators intervene.
Early engagement can significantly influence investigation outcomes and penalty exposure.
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.
For complex competition matters, regulatory investigations, or preventative strategic advice, contact Potentia Litigation for a confidential consultation.