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Investigations and Crisis Management
See Investigations and Crisis Management
Merger and Acquisition Clearance
Caisse de depot et placement du Quebec: Acted for CDPQ, the majority shareholder in Bombardier, in the successful acquisition of Bombardier Transportation (BT) by Alstom SA. The ACCC considered the effect of the proposed acquisition in the Australian markets for the supply of rolling stock and train control systems in which both Alstom and Bombardier had significant presence and cleared the transaction.
Vodafone/TPGActed for Vodafone Plc in contested proceedings concerning the Vodafone/TPG merger. Vodafone and TPG completed its merger in 2020.
Pacific National: Acted for Pacific National in its clearance application to acquire the Acacia Ridge Intermodal Terminal, and successfully acted in follow on Federal Court proceedings, Full Court proceedings, and an application to the High Court made by the ACCC for Special Leave to appeal, following the opposition of the ACCC to the transaction. The transaction closed in March 2021.
Seven West MediaActed for Seven West Media/West Australian Newspapers Limited in the successful acquisition of The Sunday Times and perthnow.co.au from News Limited.
Sonic Healthcare: Sonic Healthcare is a leading international healthcare company. Elizabeth has advised on its acquisitions in the pathology industry in NSW, ACT, Queensland and WA.
See Merger and Acquisition Clearance
Australian Consumer Law
Elizabeth advises corporates on compliance with the Australian Consumer Law, and acts for them when the ACCC alleges the ACL has been breached. This has included advising on her clients' response to investigations through to acting in court-related actions for penalties and undertakings in relation to contraventions of the ACL.
See Australian Consumer Law
Enforcement and Cartels
Barclays (2021): Currently acting for Barclays in a class-action brought as a follow on action to the global FX regulatory matters prosecuted by international regulatory agencies, such as the Department of Justice (Antitrust) and the European Commission, as well as international financial regulators
WWO (2020): Acted for WWO in a criminal investigation and proceedings brought by the ACCC in relation to an international cartel involving international shipping companies in relation to the shipping of vehicles to Australia from Asia, Europe and the US on behalf of major car manufacturers.
Nexans SA (2016): Successfully acted for Nexans SA in cartel proceedings brought by ACCC in the Federal Court of Australia in relation to alleged cartel conduct in the high voltage underground cable sector in Australia.
Origin Energy (2014): Acted in enforcement proceedings brought against a subsidiary of Origin for cartel conduct in the sale of LPG forklift gas in the period 2006 - 2011.
Woolworths (2013): Acted for Woolworths in proceedings brought by the ACCC in the Federal Court of Australia against Colgate-Palmolive Pty Ltd, PZ Cussons Australia Pty Ltd and Woolworths, alleging cartel conduct in the laundry category in the period 2008-2009.
See Enforcement and Cartels
Elizabeth regularly advises on competition questions, structuring issues, and transactional matters where there intersection with the Australian Competition and Consumer Act 2010 (Cth). This has included from time to time, seeking authorisation from the ACCC for coordinated conduct between competitors, advising on investigations and inquiries including confidential immunity matters, providing advice on joint venture agreements, exclusivity provisions and other transactional documentation, advising on the interpretation and application of the competition laws and regulations, and utilising alternative dispute mechanisms.