The Competition & Market Regulations group at Freehills is expert in providing advice to infrastructure owners and access seekers in respect of the various access regimes which apply under Australian legislation.

Our group has extensive experience in respect of access issues and disputes across a broad spectrum of industry including energy, airports, rail, payment systems, ports and telecommunication regimes.  

We also provide advice to buyers, sellers and financiers on the access and regulatory issues involved in corporate transactions, such as the acquisition of the Dampier to Bunbury Natural Gas Pipeline.

In addition, we assist clients who are subject to industry specific regulation to achieve their commercial objectives by helping them to manage and shape their regulatory environment.

Examples of our recent experience include:

• Papua New Guinea ICT policy: We are acting as legal and regulatory adviser to the State of Papua New Guinea in connection with the formulation and implementation of the government’s national policy for information and communication technologies (ICT).
• Port Waratah capacity issues: Freehills advised coal producers who successfully opposed an authorisation application by Port Waratah Coal Services (PWCS), Queensland Rail and Pacific National, in relation to a vessel queue management system for Port Waratah (near Newcastle). Port Waratah is the major route to export for Hunter Valley coal producers and has been subject to capacity bottlenecks and vessel queues in recent times. Freehills also advised Peabody coal in related court proceedings against Pacific National and in relation to the inquiry by Nick Greiner into the appropriate solution for managing capacity at the bottleneck facility.
• Sydney Airport's High Court challenge of access arrangements: Freehills represented Sydney Airport in a judicial review of the decision of the Australian Competition Tribunal relating to an application for access by Virgin Airways. The matter required an examination of the fundamental purpose and construction of the National Access Regime under the Trade Practices Act 1974.
• Dalrymple Bay Coal Terminal access arrangements: Freehills acted for the owner of the Dalrymple Bay Coal Terminal in the preparation of, and submissions to the Queensland Competition Authority relating to, the access undertaking at the terminal, the price arbitration with access seekers and the negotiation of the standard access agreements.
• Department of Finance and T3: We advised the Department of Finance in respect of the sale of the Commonwealth’s interest in Telstra.
• Advice on National Gas Code for Independent Pricing and Regulatory Tribunal (IPART): Freehills advised IPART, the independent economic regulator for New South Wales, in relation to issues arising under the National Gas Code and the assessment of access undertakings.
• Westnet Rail and Rail Access Regime: Freehills advised Westnet Rail on the Rail Access Regime.
• Regulatory investigation of Visa: We acted for Visa International Service Association in relation to regulation of payment card networks under the Payment Systems (Regulation) Act 1998 (Cth), including the judicial review of the regulatory regime, and pricing and access issues in two-sided markets.
• Murraylink and National Electricity Code: Freehills acted for Murraylink Transmission Company in relation to its application for conversion of the Murraylink interconnector to regulated status under the National Electricity Code.
• Australian Securities Exchange (ASX) CHESS clearance and settlement system: Freehills acted for ASX in relation to access issues concerning the CHESS clearance and settlement system, including reviewing and drafting access arrangements and mechanisms.
  

For many clients operating across a broad spectrum of industries (including energy, airports, rail, payment systems, ports and telecommunications), the need for strategic advice in relation to access issues and disputes is vital for achieving business growth.

The Competition & Market Regulations group at Freehills is expert in providing advice to infrastructure owners and access seekers in respect of the various access regimes which apply under Australian legislation.

This ensures our clients are well-placed to take commercial advantage of growth opportunities whilst complying with industry specific regulations.