Competition, Consumer and Trade Law

Competition, consumer and trade law and its enforcement by the Australian Competition and Consumer Commission (ACCC) has had a significant impact on Australian commerce and business. Complex and challenging, navigating the regulatory requirements in this arena is often difficult, requiring a highly-experienced and technically sound team of legal experts.

Active across a wide range of industries including banking and finance, construction, manufacturing, hospitality, agriculture and fast-moving consumer goods (FMCG), we advise on the full range of competition, consumer and trade law matters from responding to ACCC investigations, advising in relation to fair trade, compliance reviews and training, cartel behaviour, anti-competitive conduct, advertising and promotions, consumer warranties to exclusive dealing and product liability and recalls.

Being a commercial law firm committed to helping clients manage their legal obligations and risk, means that a strong compliance mindset permeates everything we do. We have strong relationships with a number of the regulators across the country and are often called upon to deliver compliance training across a number of sectors and markets.

Offering unique insights into the approach of the regulators, a number of our team members have spent time as ACCC investigators allowing us to deliver strategic, planned advice. Our in-depth knowledge and understanding in this particular area of law means our expertise is not only limited to competition and consumer matters but also covers product risk, trade promotions, privacy, compliance and training.

Product Risk

As Australia’s product safety and liability laws become more and more regulated, the number of challenges and risks faced by product manufacturers, importers and suppliers continues to increase. Identifying and minimising the risk of product liability exposure is vital for businesses across all industries, requiring a legal team that delivers pre-emptive strategies, that not only includes product safety compliance systems but also obtaining adequate insurance coverage and developing product recall procedures. We have experience advising on all aspects of product risk and liability from regulatory issues through to litigation, including product recall, preparation and negotiation of agreements manufacture and supply, regulatory and licensing requirements, labelling and composition issues, allegations of misleading and deceptive conduct and product liability risks including product warnings, mandatory product safety standards and injury notification, in addition to responding to complaints from regulators.

Trade Promotions

Highly-regulated and intricate, running a trade promotion is often more difficult than initially anticipated. Advising on all legal aspects of trade promotions from concept stage through to post-implementation, Gadens’ Trade Promotions Team provides an end-to-end solution ensuring clients deliver a successful campaign each and every time. From positive marketing and assisting with regulatory issues through to conducting the draw, our specialist team regularly advise in relation to the drafting of competition terms and conditions, providing legal clearance for artwork, preparing and lodging permit applications, privacy, spam, trade marks and charitable fundraising issues as well as responding to queries from gaming authorities.