The recent crackdown on cartels has seen new levels of activity from the ACCC and the aggressive pursuit of class actions by customers seeking to recover overcharges. In light of this recent activity, the Clayton Utz Competition and Litigation groups recently co-hosted morning and twilight forums in both the Melbourne and Sydney offices covering the risks and opportunities presented by the new cartel regime.
Clayton Utz was honoured to be joined by one the world's leading cartel practitioners, Martin Low QC, and the ACCC's new Commissioner, Sarah Court to discuss these emerging issues. Martin has been the Senior Legal Counsel at the Canadian Competition Bureau, and is now a partner of Canadian law firm McMillan LLP. Sarah was appointed to the ACCC in May 2008, having formerly been a senior practitioner at the AGS.
The morning session was an exclusive, intimate round-table forum that enabled select clients to engage in open and frank discussion with Martin and Clayton Utz experts about the challenges that will result from the introduction of criminal penalties. In Sydney, clients were also joined by senior legal staff from Qantas, who shared their recent experiences in managing an international cartel investigation.
The twilight session was a forum where an expert panel discussed the risks and opportunities of cartel class actions. Sarah Court shared the ACCC's perspective on cartel enforcement and class actions. Attendees were also fortunate to hear the views of:
- Martin Low QC,
- Representatives from the plaintiffs bar - Lachlan Armstrong, Barrister in Melbourne and Steven Lewis, Slater & Gordon in Sydney;
- Clayton Utz class action expert Andrew Morrison; and
- Competition law experts from Clayton Utz - Jo Daniels, Melbourne and Bruce Lloyd, Sydney.
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